Case Digest (G.R. No. 4437)
Facts:
Tomas Osmena v. Cenona Rama, G.R. No. 4437, September 09, 1909, the Supreme Court (En Banc), Johnson, J., writing for the Court; Arellano, C.J., Torres, Carson, and Moreland, JJ., concurring.The plaintiff-appellee Tomas Osmena sued defendant-appellant Cenona Rama on written loan contracts. On November 15, 1890 Rama executed Exhibit A acknowledging receipt of P200 from Victoriano Osmena to be paid in sugar at a future date, promising to pay interest and pledging all present and future property, with special mortgage on her house in Pagina. On October 27, 1891 Rama executed Exhibit B acknowledging receipt of P70; the record shows P50 of this sum was actually advanced to Evaristo Penares and P20 to Rama.
After Victoriano Osmena’s death, one heir, Agustina Rafols, acquired the contracts and later ceded all her rights therein to Tomas Osmena. On March 15, 1902 Rama executed an indorsement on the contracts (Exhibit C) stating that she promised, “if the house of strong materials in which I live in Pagina is sold,” to pay her indebtedness to Tomas Osmena.
When Rama did not pay, Osmena presented the contracts for payment March 15, 1902 and, upon continued nonpayment, filed suit June 26, 1906 in the Court of First Instance of Cebu. Rama answered denying the allegations and pleaded prescription. At trial the plaintiff was the sole witness; the defendant offered no evidence.
The Court of First Instance found for the plaintiff and rendered judgment for P200 with interest from November 15, 1890 and for P20 with interest from October 27, 1891, holding Rama not liable for the P50 that had been borrowed by Penares. R...(Subscriber-Only)
Issues:
- Was the evidence presented at trial sufficient to support the Court of First Instance’s findings and judgment against Cenona Rama?
- Did Rama’s March 15, 1902 indorsement constitute an absolute acknowledgment that prevented the statute of limitation from barring the original obligations, or was it a void conditio...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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