Copy of 1182 Osmena.doc

8/14/2019 Copy of 1182 Osmena.doc

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Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. No. 4437 September 9, 1909

TOMAS OSMEA, plaintiff-appellee,vs.CENONA RAMA, defendant-appellant.

Filemon Sotto for appellant.J. H. Junquera for appellee.

JOHNSON, J.:

It appears from the record that upon the !th da" of November, #$%, the defendant hereine&ecuted and delivered to 'ictoriano (sme)a the follo*in+ contract

E IBI/ A.

P0%%.%%.

CEB1, November 15, 1890.

I, 2o)a Cenona Rama, a resident of this cit", and of le+al a+e, have received from2on 'ictoriano (sme)a the sum of two hundred pe o in cash *hich I *ill pa" insu+ar in the month of 3anuar" or 4ebruar" of the comin+ "ear, at the price rulin+ onthe da" of deliverin+ the su+ar into his *arehouse, and I *ill pa" him interest at therate of half a !uartillo per month on each peso, be+innin+ on this date until the da" ofthe settlement5 and if I can not pa" in full, a balance shall be struc6, sho*in+ theamount outstandin+ at the end of each 3une, includin+ interest, and such as ma" beoutstandin+ a+ainst me shall be considered as capital *hich I *ill al*a"s pa" insu+ar, to+ether *ith the interest mentioned above. I further promise that I *ill sell tothe said 7e)or (sme)a all the su+ar that I ma" harvest, and as a +uarantee, pled+eas securit" all of m" present and future propert", and as special securit" the house*ith tile roof and +round floor of stone in *hich I live in Pa+ina5 in proof *hereof, Isi+n this document, and he shall be entitled to ma6e claim a+ainst me at thee&piration of the term stated in this document.

87i+ned9 CEN(N RAMA.

:itnesses

4A17/( PE;A


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E IBI/ B.

CEB1, "!tober #$, 1891.

(n this date I have as6ed for further loan and have received from 2on 'ictoriano(sme)a the sum of sevent" pesos in cash, fift" pesos of *hich I have loaned to 2onEvaristo Pe)ares, *hich *e *ill pa" in su+ar in the month of 3anuar" of the comin+"ear accordin+ to the former conditions.

87i+ned9 CEN(NA RAMA.

4rom 2on Evaristo Pe)ares P!%

2o)a Cenona Rama 0%

P=%

Received > Evaristo Pe)ares.

7ome time after the e&ecution and deliver" of the above contracts, the said 'ictoriano(sme)a died. In the settlement and division of the propert" of his estate the above contractsbecame the propert" of one of his estate the above contracts became the propert" of one ofhis heirs, A+ustina Rafols.


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/he case *as finall" brou+ht on to trial in the Court of 4irst Instance, and the onl" *itnessproduced durin+ the trial *as the plaintiff himself. /he defendant did not offer an" proof*hatever in the lo*er court.

After hearin+ the evidence adduced durin+ the trial, the lo*er court rendered a @ud+ment infavor of the plaintiff and a+ainst the defendant for the sum of P0%% *ith interest at the rate of

# per cent per annum, from the !th da" of November, #$%, and for the sum of P0%*ith interest at the rate of # per cent per annum, from the 0=th da" of (ctober, #$ ,until the said sums *ere paid. 4rom this @ud+ment the defendant appealed.

/he lo*er court found that P!% of the P=% mentioned in E&hibit B had been borro*ed b" thedefendant, but b" one Evaristo Pe)ares5 therefore the defendant had no responsibilit" for thepa"ment of the said P!%.

/he onl" Duestions raised b" the appellant *ere Duestions of fact. /he appellant alle+es thatthe proof adduced durin+ the trial of the cause *as not sufficient to support the findin+s ofthe lo*er court. It *as su++ested durin+ the discussion of the case in this court that, in theac6no*led+ment above Duoted of the indebtedness made b" the defendant, she imposed

the condition that she *ould pa" the obli+ation if she sold her house. If that statement foundin her ac6no*led+ment of the indebtedness should be re+arded as a condition, it *as acondition *hich depended upon her e&clusive *ill, and is therefore, void. 8Art. !, CivilCode.9 /he ac6no*led+ment, therefore, *as an absolute ac6no*led+ment of the obli+ationand *as sufficient to prevent the statute of limitation from barrin+ the action upon the ori+inalcontract.

:e are satisfied, from all of the evidence adduced durin+ the trial, that the @ud+ment of thelo*er court should be affirmed. 7o ordered.

&rellano, '. J., (orre , 'ar on, and %oreland, JJ., concur.

OSMEA VS.RAMA JOHNSON, September


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9,1909NATURE

APPEA< from a @ud+ment of the Courtof 4irst Instance ofCebu.FACTS- ! Nov #$% 2o)aRama e&ecutedanddelivered to'ictoriano (sme)aa contract8E IBI/ A9


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*hich stated that she

receivedP0%% in cashfrom 2on (sme)a*hich she*ould pa"

in su+ar in3anuar" 4ebruar"thene&t "ear at the price

on the da" of deliverin+the su+ar into the2on s*arehouses F

Interest * rate ofhalf acuartillo permonth on each peso


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from Nov ! to the da"

of the settlement5 ifever the2o)a could notpa" in full, a balance

shallbe struc6, sho*in+the amountoutstandin+at the end of each

3une,includin+ interest,andoutstandin+balance of

the respondent *ouldbeconsideredas capital *hich


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therespondent *ould

pa" in su+ar./herespondent alsopromised that she

*ouldsell to 2on(sme)a all her su+arthat*ould be

harvested, and assecurit", shepled+edall her present and

futurepropert", and asa special securit",she*ould +ive her


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house in Pa+ina.

/hecontract *assi+ned b" 0 *itnesses.-0= (ct.

#$ 2efendantas6ed a furtherloanfrom the 2on of P=%,

P!% of *hich*ould beloaned to 2onPe)ares, and theP=%

*ould be paid insu+ar.-7ome time afterthe e&ecution


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anddeliver" of the

above contracts,2on(sme)a died. Inthe settlement

anddivision of thepropert" of his estatetheabove contracts

became the propert"of one of his hieirs, A+ustina

Rafols.


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Rama reco+niGedher

obli+ations in the saidcontract *ith2on(sme)a, statin+ in the

contract shee&ecuted8E IBI/ C9 that if herhouse inPa+ina *ould

be sold she *ould usethemone" to pa" forher debts.-0? 3une

$%? 2o)a /omasadid not pa"the amountdue so the


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plaintiff commenced

this action in C4I Cebu.CFI deci @ud+ment in favor of

the plaintiff and a+ainstthe defendant for thesum of P0%% *ith

interest at the rate of# percent perannum, from the !th

da" of November,#$%, and for the sumof P0%,*ith interest at


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the rate of # per

centper annum, fromthe 0=th da" of(ctober, #$ , until the

said sums *ere paid.Plaintiffs Claimthe e&ecution

anddeliver" of theabove contracts,thedemand for

pa"ment, and thefailure topa" on thepart of the defendant,


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and thepra"er for a

@ud+ment for theamount dueon the saidcontracts. 8o*n

testimon" H Idon t6no* if A+ustina is a+u" H m" cop"said

the plaintiff himselfJ9Defendantsdefense

+eneral denialandsettin+ up thespecial defense


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of prescription. 8no

evidence presented9ISSUEWON theproopre!e"te##$r%"& thetr%'(

%" CFI %!!$ %)%e"t orthe (o*er)o$rtto re)o&"%+ethe #ebt o


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o-'R'm',pro %#e# th't!he %mpo!e#

the)o"#%t%o"th't !he *o$(#p'/ her#ebt!$po" !e((%"&her ho$!e

HE KE7, the proofpresented is sufficient.


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It *as su++ested

durin+ thediscussionof the case inthis court that, inthe

ac6no*led+ment of theindebtednessmade b"the defendant, she

imposed theconditionthat she *ould pa"theobli+ation if she

sold her house.If thatstatement foundin her


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ac6no*led+mentof the

indebtedness shouldbe re+arded asacondition, it *as a

condition*hichdepended uponher e&clusive *ill, and

is,therefore, void. 8Art.!, Civil Code.9 /heac6no*led+ment,

therefore, *asanabsoluteac6no*led+ment of


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theobli+ation and *as

sufficient to preventthestatute of limitationfrom barrin+ theaction

upon the ori+inalcontract.Dispositive

:e are satisfied, fromall of the evidenceadduced durin+ the

trial, thatthe @ud+mentof the lo*er court


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