BANKGO SENTRAL VS COA

Thus, Valenzuela
equipment.

is

responsible for BSPs

aircrafts, parts, and

He executed a certificate assuming responsibility over ALL the

properties issued to the outgoing Chief Aircraft Maintenance Officer.
Sometimes after that, Valenzuela retired. The petitioner bank refused
to release his retirement pay for failure to settle his property
accountabilities. There were P 1M worth of spare parts missing.
COA then rendered a decision allowing the release of the retirement
benefits. Retirement gratuities cant be withheld, deducted, or applied
to the indebtedness of an employee without his/her consent.
IN THIS CASE: Article 1278 cant be applied here. For compensation to
take place (other than the fact that both parties are indebted to each
other), there must be categorical admission by the obligor (Valenzuela)
of his indebtedness and consents to such retention OR the court directs
such compensation. There was no clear and categorical admission. Yes,
there was a certificate showing that he assumed responsibility.
However, the court ruled that a signature alone doesnt satisfy the
requisite of an open and direct recognition of an obligation.
On the basis of facts, it was never proven that
1.
He consented to the retention of his benefits by the bank
2.
The missing parts were not shown in the later list of inventory
signed by Valenzuela.
Even if the Feb 1995 list of unaccounted items bearing respondents
signature is construed as an admission of indebtedness, still, the said
purported
admission
cant
extend
to
the
1,314
spare
parts/furniture/tools with acquisition cost of 1M for which respondent is
also being held responsible
latter items werent shown to be included in the Feb 1995
inventory
from initial 47M acquisition cost of 10K + items, it was trimmed
down to 1,314 spare parts with P1M acquisition cost -> how they
arrived at this, we dont know
amount is constestable and inconclusive, hence it cant qualify as
a debt to trigger compensation or set-off under Art 1279
at best, its just a claim that wouldnt make one a creditor of the
other
o EGV Realty Devt Corp vs CA

Debt claim which has been formally passed upon

by the highest authority to which it can in law be
submitted and has been declared to be a debt
Claim debt in embryo; mere evidence of a debt,
must pass thru the process prescribed by law before
it develops into what is properly called a debt