7/24/2019 Pando v. Gimenez Antichresis

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Pando vs. Gimenez

G.R. No. 31896

February 15, 1930

Anti!resis

Art. 2135. The creditor, unless there is a stipulation to the contrary, is obliged to pay the taxes and

charges upon the estate.He is also bound to bear the expenses necessary for its preservation andrepair. The sums spent for the purposes stated in this article shall be deducted from the fruits.

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Gimenez was indebted to Pando in the amount of P8000. To secure payment of such loan, he

executed and delivered a real estate mortgage over a building located in ta. !esa" and the leasehold

rights on the lot upon which the building was erected, #acienda Tuason being the lessor.

$hen Gimenez was about to leave !anila to attend to his business in %agayan, he gave Pando full

control, and complete and absolute administration over the property he mortgaged, on the condition

that Pando would&

'() attend to the administration, care and preservation of the building and property'*) pay the premium on the insurance of the building

&3' (ay t!e ta)es t!at mi*!t beome due on t!e bui+din*

&' (ay t!e rents o- t!e +eased (ro(erty

'+) collect the rents from the tenants of the building"

to be applied to the payment of all expenses necessary for the preservation and

maintenance of the building and the rents of the leased property

n the course of Pando-s administration over the property, he failed and neglected to pay the taxes

due for several years. #e also failed and neglected to pay lessor #acienda Tuason the rents due for

several years on the land leased. ecause of this, the building was sold at a public auction to satisfy

the taxes due. !oreover, lessor #acienda Tuason cancelled the contract of lease of Gimenez, andbrought a suit against him for desahucioin the municipal court of !anila.

Gimenez is now claiming that Pando, being in charge of the administration of the premises, had the

obligation to attend to the payment of taxes and rents. Pando denies that he had such obligation,

alleging that his duties were confined to the collection of rents on the house in order to apply them to

the payment of the interest on the mortgage.

$$/%

$hether or not Pando, having full control and administration over the property of Gimenez, was

obliged to pay the taxes, charges and other necessary expenses.

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/es, Pando had such obligation.

The administration of the property assumed by Pando was anti!retiin character. rticle *(1+ of

the %ivil %ode expressly states that the antichretic creditor is obliged to pay the taxes and charges

which burden the estate, in the absence of an agreement to the contrary. uch obligation arises from

the very nature of the covenant, and is correlated with the antichretic creditor-s ac2uired right to ta3e

charge of the property and collect the fruits for himself.

Pando, having failed in his obligation to pay tax on the house and rent of the lot, is now re2uired to

pay indemnity for damages.