RODZSSEN SUPPLY CO. INC. vs. FAR EAST BANK & TRUST CO.

RODZSSEN SUPPLY CO. INC. vs. FAR EAST BANK & TRUST CO.
G.R. No. 109087. 9 May 2001.
Ponente: Panganiban, J.:

Facts: Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the January 21, 1993 Decision2 of the CA which affirmed with modification the ruling of the RTC of Bacolod City.
On January 15, 1979, defendant Rodzssen Supply, Inc. opened with plaintiff Far East Bank and Trust Co. a 30-day domestic letter of credit, in the amount of P190,000.00 in favor of Ekman and Company, Inc. (Ekman) for the purchase from the latter of five units of hydraulic loaders, to expire on February 15, 1979. The three loaders were delivered to defendant for which plaintiff paid Ekman and which defendant paid plaintiff before expiry date of LC. The remaining two loaders were delivered to defendant but the latter refused to pay. Ekman pressed payment to plaintiff. Plaintiff paid Ekman for the two loaders and later demanded from defendant such amount as it paid Ekman. Defendant refused payment contending that there was a breach of contract by plaintiff who in bad faith paid Ekman, knowing that the two units of hydraulic loaders had been delivered to defendant after the expiry date of subject LC.

Issue: WON petitioner is liable to respondent.

Ruling: The SC agrees with the CA that petitioner should pay respondent bank the amount the latter expended for the equipment belatedly delivered by Ekman and voluntarily received and kept by petitioner. Equitable considerations behoove us to allow recovery by respondent. True, it erred in paying Ekman, but petitioner itself was not without fault in the transaction. It must be noted that the latter had voluntarily received and kept the loaders since October 1979. When both parties to a transaction are mutually negligent in the performance of their obligations, the fault of one cancels the negligence of the other and, as in this case, their rights and obligations may be determined equitably under the law proscribing unjust enrichment.

*Daniq*