Title
Quizana vs. Redugerio
Case
G.R. No. L-6220
Decision Date
May 7, 1954
A widow sued a couple over a loan default; the court ruled the mortgage clause in the agreement was valid, remanding for execution.
A

Case Digest (G.R. No. L-6220)

Facts:

  • Parties and Instrument
    • Plaintiff-Appellee: Martina Quizana, a widow residing in Hupi, Sta. Cruz, Marinduque.
    • Defendants-Appellants: Spouses Gaudencio Redugerio and Josefa Postrado.
  • Loan Agreement (October 4, 1948)
    • The spouses acknowledged a P550 loan from Quizana, payable “at the end of January 1949.”
    • They further agreed that, if they failed to pay on time, they would pledge a parcel of land in Cororocho, Balogo, Sta. Cruz, Marinduque (with metes and bounds), by executing and delivering a mortgage deed to Quizana.
  • Proceedings Below
    • Justice of the Peace Court (Sta. Cruz)
      • Quizana sued on the actionable document; the J.P. rendered judgment for P550 with interest.
      • Defendants appealed, asserting as special defense that they offered to execute the mortgage deed on January 31, 1949, but Quizana refused.
    • Court of First Instance (Marinduque)
      • Case set for hearing on August 16, 1951. On July 30, defendants filed an “Urgent Motion for Continuance,” which was not resolved until trial day.
      • On August 16, the CFI denied the continuance, heard only Quizana’s evidence in defendants’ absence, and affirmed the P550 award with interest.
      • Defendants’ motion for reconsideration—alleging deprivation of their day in court—was likewise denied.
    • Appeal to the Supreme Court followed from (a) the CFI’s judgment for P550 plus interest and (b) denial of reconsideration.

Issues:

  • Whether the second part of the written obligation—pledging a mortgage in lieu of payment (a facultative obligation)—is valid and binding on the plaintiff-appellee.
  • Whether the plaintiff’s acceptance of the unprotested document binds him to all its terms, including the mortgage clause.
  • Whether the denial of the defendants’ motion for continuance and reconsideration deprived them of their day in court (although SC did not find it necessary to resolve this).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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