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    Villaroel V Estrada

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    Alexander Julio Valera
    1) The mother of the defendant obtained a loan of 1,000 pesos from the spouses Estrada in 1912. Both the mother and spouses died, leaving the defendant and plaintiff as their sole heirs. 2) In 1930, the defendant signed a document agreeing to pay the 1,000 peso debt with 12% annual interest to the plaintiff. 3) The court ruled in favor of the plaintiff, ordering the defendant to pay the 1,000 pesos plus 12% interest annually until paid in full. The Supreme Court affirmed the ruling, as the defendant voluntarily assumed the debt even though the original obligation had prescribed.

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    Villaroel V Estrada

    Uploaded by

    Alexander Julio Valera
    106 views2 pages
    1) The mother of the defendant obtained a loan of 1,000 pesos from the spouses Estrada in 1912. Both the mother and spouses died, leaving the defendant and plaintiff as their sole heirs. 2) In 1930, the defendant signed a document agreeing to pay the 1,000 peso debt with 12% annual interest to the plaintiff. 3) The court ruled in favor of the plaintiff, ordering the defendant to pay the 1,000 pesos plus 12% interest annually until paid in full. The Supreme Court affirmed the ruling, as the defendant voluntarily assumed the debt even though the original obligation had prescribed.

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    Villaroel v Estrada

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    1) The mother of the defendant obtained a loan of 1,000 pesos from the spouses Estrada in 1912. Both the mother and spouses died, leaving the defendant and plaintiff as their sole heirs. 2) In 1930, the defendant signed a document agreeing to pay the 1,000 peso debt with 12% annual interest to the plaintiff. 3) The court ruled in favor of the plaintiff, ordering the defendant to pay the 1,000 pesos plus 12% interest annually until paid in full. The Supreme Court affirmed the ruling, as the defendant voluntarily assumed the debt even though the original obligation had prescribed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    106 views2 pages

    Villaroel V Estrada

    Uploaded by

    Alexander Julio Valera
    1) The mother of the defendant obtained a loan of 1,000 pesos from the spouses Estrada in 1912. Both the mother and spouses died, leaving the defendant and plaintiff as their sole heirs. 2) In 1930, the defendant signed a document agreeing to pay the 1,000 peso debt with 12% annual interest to the plaintiff. 3) The court ruled in favor of the plaintiff, ordering the defendant to pay the 1,000 pesos plus 12% interest annually until paid in full. The Supreme Court affirmed the ruling, as the defendant voluntarily assumed the debt even though the original obligation had prescribed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    EN BANC

    G.R. No. L-47362 December 19, 1940

    JUAN F. VILLARROEL, recurrente-apelante,


    vs.
    BERNARDINO ESTRADA, recurrido-apelado.

    D. Felipe Agoncillo en representacion del recurrente-appelante.


    D. Crispin Oben en representacion del recurrido-apelado.

    AVANCEÑA, Pres.:

    On May 9, 1912, Alejandro F. Callao, mother of defendant John F.


    Villarroel, obtained from the spouses Mariano Estrada and
    Severina a loan of P1, 000 payable after seven years (Exhibito A).
    Alejandra died, leaving as sole heir to the defendant. Spouses
    Mariano Estrada and Severina also died, leaving as sole heir to the
    plaintiff Bernardino Estrada. On August 9, 1930, the defendant
    signed a document (Exhibito B) by which the applicant must
    declare in the amount of P1, 000, with an interest of 12 percent per
    year. This action relates to the recovery of this amount.

    The Court of First Instance of Laguna, which was filed in this


    action, condemn the defendant to pay the claimed amount of P1,
    000 with legal interest of 12 percent per year since the August 9,
    1930 until full pay. He appealed the sentence.

    It will be noted that the parties in the present case are, respectively,
    the only heirs and creditors of the original debtor. This action is
    brought under the defendant's liability as the only son of the
    original debtor in favor of the plaintiff contracted, sole heir of
    primitive loa creditors. It is recognized that the amount of P1, 000
    to which contracts this obligation is the same debt of the mother's
    parents sued the plaintiff.

    Although the action to recover the original debt has prescribed and
    when the lawsuit was filed in this case, the question raised in this
    appeal is primarily whether, notwithstanding such requirement, the
    action taken is appropriate. However, this action is based on the
    original obligation contracted by the mother of the defendant, who
    has already prescribed, but in which the defendant contracted the
    August 9, 1930 (Exhibito B) by assuming the fulfillment of that
    obligation, as prescribed. Being the only defendant in the original
    herdero debtor eligible successor into his inheritance, that debt
    brought by his mother in law, although it lost its effectiveness by
    prescription, is now, however, for a moral obligation, that is
    consideration enough to create and make effective and enforceable
    obligation voluntarily contracted its August 9, 1930 in Exhibito B.

    The rule that a new promise to pay a debt prrescrita must be made
    by the same person obligated or otherwise legally authorized by it,
    is not applicable to the present case is not required in compliance
    with the mandatory obligation orignalmente but which would give
    it voluntarily assumed this obligation.

    It confirms the judgment appealed from, with costs against the


    appellant. IT IS SO ORDERED.

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