Title
De Legarda vs. Miailhe
Case
G.R. No. L-3435
Decision Date
Apr 28, 1951
During Japanese occupation, plaintiffs sought to compel mortgage payment via consignation in Japanese military notes; Supreme Court ruled certified check invalid, upheld defendant's claim for postwar interest condonation.

Case Digest (G.R. No. L-3435)
Expanded Legal Reasoning Model

Facts:

  • Procedural History
    • June 3, 1944: Plaintiffs file complaint in CFI Manila against William J. B. Burke for refusing to accept payment of a mortgage debt; pray acceptance of ₱75,920.83 deposit, release of mortgage, and ₱1,000 damages.
    • July 19, 1944: Burke answers, alleging a May 26, 1944 agreement condoning interest until war’s end in exchange for deferral of payment.
    • CFI Decision by Judge Gutierrez David orders Burke to accept the deposit, execute release, and pay costs. Burke moves for new trial (Jan. 14, 1945); liberation intervenes.
    • Oct. 23, 1945: Defendant files supplemental answer with counterclaim for foreclosure; Dec. 24, 1945: CFI denies it. Defendant appeals; Supreme Court (GR L-831) orders new trial and remand.
  • Remand Proceedings and Judgment
    • Mar. 31, 1949: Motion to substitute Victoria Desbarats Miailhe for deceased Burke and to admit amended supplemental answer; granted April 2, 1949.
    • April 4, 1949: Plaintiffs reply, denying refusal to accept Japanese notes and claiming debt extinguished by consignation.
    • Aug. 5, 1949: CFI (Judge Sanchez) dismisses complaint; orders Clara Tambunting de Legarda to pay ₱70,000 with 3.5% interest from Jan 1, 1942, plus ₱2,500 costs and attorney’s fees; authorizes mortgage sale on default. Plaintiffs appeal.
  • Underlying Debt and Wartime Transactions
    • Feb. 17, 1926: Original mortgage for ₱75,000 by Clara Tambunting de Legarda (with husband’s consent), due in 5 years; repeatedly extended and interest gradually reduced.
    • Mar. 16, 1940: Fourth extension of the remaining ₱70,000 for 3 years; interest lowered from 9% to 7%; option to pay in Philippine pesos or English sterling (₤2 = ₱1).
    • Early 1942: Plaintiffs claim a conference where interest was further reduced to 3.5% from Jan 1, 1942; defendant asserts instead a condonation until war’s end.
    • May–June 1944: Clara tenders payment in Japanese Military notes via certified check (₱75,920.83); Burke refuses to accept non-legal tender currency. Plaintiffs consign the check in court.

Issues:

  • Whether the wartime agreement reduced interest to 3.5% per annum or condoned accrued and future interest until after the war.
  • Whether consignation of ₱75,920.83 by certified check in Japanese Military notes validly extinguished the mortgage debt.
  • Whether Burke could validly exercise his option to demand payment in English sterling given the outlawing of foreign currencies during occupation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.