Title
Patente vs. Omega
Case
G.R. No. L-4433
Decision Date
May 28, 1953
A promissory note with payment terms dependent solely on the debtor's will was deemed null; courts must fix a reasonable payment term.

Case Digest (A.C. No. 7054)
Expanded Legal Reasoning Model

Facts:

  • The promissory note
    • On August 24, 1949, at Villaba, Leyte, Roman Omega signed a promissory note in favor of Salud Patente acknowledging a debt of ₱1,600.
    • The note provided payment “as soon as possible or as soon as I have money,” with no fixed term and no security, citing “intimate relations” between families.
  • Procedural history
    • The Justice of the Peace of Villaba ordered Omega to pay ₱1,600 within four months from promulgation, plus costs.
    • On appeal to the Court of First Instance of Leyte, both parties submitted a stipulation of facts and framed two legal questions:
      • Whether the Justice of the Peace had jurisdiction to fix a definite term under Article 1128 of the Civil Code.
      • Whether the Court of First Instance had appellate jurisdiction.
    • The CFI held the obligation pure and unconditional, ordered immediate payment with interest and costs.
    • Omega appealed directly to the Supreme Court.

Issues:

  • Jurisdiction
    • Did the Justice of the Peace of Villaba have jurisdiction to hear the case and apply Article 1128 CC to fix a term?
    • Did the Court of First Instance have appellate jurisdiction over the JP’s decision?
  • Effect of a payment term left to the debtor’s will
    • Is the condition “as soon as possible or as soon as I have money” void under Article 1115 CC?
    • Upon nullification of the condition, does the obligation become immediately enforceable, or must the court fix a term under Article 1128 CC?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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