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Solinap, Loreto J. vs. Amelia K. Del Rosario, et al.

LORETO J. SOLINAP, petitioner, vs. HON. AMELIA K. DEL ROSARIO, as Presiding Judge of Branch IV, Court of First Instance of Iloilo, SPOUSES JUANITO and HARDEVI R. LUTERO, and THE PROVINCIAL SHERIFF OF ILOILO, respondents.

G.R. No. L-50638 | 1983-07-25

D E C I S I O N


ESCOLIN;, J.:

Posed for resolution in this petition is the issue of whether or not the obligation of petitioners to private respondents may be compensated or set-off against the amount sought to be recovered in an action for a sum of money filed by the former against the latter.

The facts are not disputed. On June 2, 1970, the spouses Tiburcio Lutero and Asuncion Magalona, owners of the Hacienda Tambal, leased the said hacienda to petitioner Loreto Solinap for a period of ten [10] years for the stipulated rental of P50,000.00 a year. It was further agreed in the lease contract that out of the aforesaid annual rental,...