Case Digest (G.R. No. L-23191)
Facts:
Geronimo G. Esguerra and Cristina G. Esguerra v. The Honorable Felipe M. Villanueva, Municipal Judge of Dagupan City, et al., G.R. No. L-23191, December 19, 1967, Supreme Court En Banc, Concepcion, C.J., writing for the Court.The petitioners-appellants were Geronimo G. Esguerra and his wife Cristina G. Esguerra (the Esguerras). The respondents-appellees included Felipe M. Villanueva, Municipal Judge of Dagupan City, the provincial sheriff of Pangasinan, Isidro de Guzman, and Segunda de Guzman. The dispute arose from a lease and related unpaid obligations and a promissory note.
On July 13, 1961, Isidro de Guzman (acting for himself and an intended corporation) leased a portion of the Esguerra–Gueco building to July 11, 1971, with stipulated rentals (P300 monthly initially, rising to P400). De Guzman failed to pay rentals for February–August 1962 (allegedly P1,800) and owed P300 on equipment purchases. On August 6, 1962, Segunda de Guzman executed a promissory note for P2,100 with payments due August 12 and August 31, 1962, and an acceleration clause if the first installment was not paid when due. The payments were not made.
The Esguerras filed Civil Case No. 1074 (Sept. 11, 1962) against Segunda for collection of the P2,100 and Civil Case No. 1075 (Sept. 14, 1962) against Isidro for unpaid rents, future rentals, liquidated damages, and fees; attachment writs issued in both actions. On October 22, 1962, the parties executed a compromise whereby the defendants admitted liability of P2,260 to be paid by November 26, 1962, and agreed that, upon failure, judgment and immediate execution could be had; Judge Villanueva approved the compromise on November 27, 1962, rendering judgment accordingly.
The P2,260 was not paid by November 26, 1962. Writs of execution were issued on December 14, 1962. Respondents thereafter, through counsel, caused deliveries to the Esguerras of P800 on December 13, 1962 and P1,460 on January 5, 1963, and moved (filed February 4, 1963) for release of the attached properties on the ground that these payments constituted full satisfaction. Judge Villanueva granted the motion on February 11, 1963; his denial of reconsideration followed on February 23, 1963.
The Esguerras filed a petition for certiorari, prohibition and mandamus with preliminary injunction in the Court of First Instance of Pangasinan (Civil Case No. D-1450) on February 28, 1963, seeking to annul Judge Villanueva’s orders...(Subscriber-Only)
Issues:
- Did the Court of First Instance err in dismissing the Esguerras' petition and in upholding the orders releasing the attached properties?
- Did the receipt by the Esguerras of partial payments of P800.00 and P1,460.00 constitute an "acceptance" of incomplete performance so as to extinguish respondents' obligations under the judgment pursuant to Article 12...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)