CO CHIN LENG, PLAINTIFF AND APPELLEE VS. EUGENIO MINTU, REPRESENTED BY PERPETUA BUHAIN MINTU, ADMINISTRATRIX OF THE ESTATE OF EUGENIO MINTU, DEFENDANT AND APPELLANT.

In his amended complaint filed in the Court of First Instance of Manila, the
plaintiff sought to recover the sum of P35,000 excluding interests and costs
(pp. 14, 20, record on appeal). The defendant set UP the defense of payment and
a counterclaim of P14,000 as damages. Judgment was rendered in favor of the
plaintiff for the sum of P30,000 with interest thereon at the rate of 5% per
annum from 8 April 1955 until paid and for costs. The defendant has appealed. In
her assignment of errors, mixed questions of law and fact are raised, to
wit:

The trial court erred in not declaring the mortgage obligation of Joaquin V.
Bass to Co Chin Leng as already paid thru tender and consignation made by
Eugenio Mintu, in behalf of Bass, to Co Chin Leng of P100,574.69 Japanese
notes.

Corollary to the first error, and with all due respect to the trial court,
its rejection of defendant’s defense of payment was based on erroneous
findings.

That the trial court erred.in declaring the obligation guaranteed by the
lands owned by Dr. Manlapaz and Eugenio Mintu to be a joint obligation, where
each is liable for one-half the obligation, and in ordering Mintu’s
administratrix to pay Co Chin Leng P30,000, Philippine currency, as representing
the “balance” of Bass’ loan of P70,000 in Japanese notes.

That the trial court erred in not finding and declaring that the mortgage
obligation was discharged and satisfied (for the second time) by the acceptance
and receipt by Co Chin Leng of P40,000 in Philippine currency as “amicable
settlement” from Dr. Manlapaz and the Centro Escolar University, substitutes of
mortgagor Bass in a mortgage loan of P70,000 Japanese notes.

Corollary to the fourth error, the trial court erred in not holding the
amicable settlement of P40,000 between the parties in civil case No. 18167 of
Manila and the final dismissal of this case without appeal as a final settlement
and remission of the mortgage debt.

In concluding that Mintu’s administratrix pay Co Chin Leng P30,000,
Philippine, currency, as alleged balance of Bass’ mortgage debt of P70,000 in
Japanese notes, the trial court refused to apply the Ballantyne scale allegedly
because its application here was neither just nor equitable, adducing reasons
therefor which we respectfully aver to be erroneous. (Italics
supplied.)

The appeal taken by the defendant is certified to the Court of Appeals,
pursuant to the provisions of Section 31, in connection with section 29, and
section 17, sub-paragraph 5 of paragraph 3, Republic Act No. 296, as amended by
Republic Act No. 2613.

Paras, C.J., Bengzon, Bautista Angelo, Labrador, Concepcion, Reyes,
J.B.L., Barrera, Gutierrez David, Paredes, and Dizon, JJ.,
concur.

Appeal certified to the Court of Appeals.