Case Digest (G.R. No. 6452)
Facts:
- Manuel Riobo is the plaintiff and appellant against Ramon Hontiveros and others as defendants and appellants.
- A public notarial document was executed on March 18, 1897, in Capiz, Province of Capiz.
- Agustina and Norberta Consolacion acknowledged a debt of P9,190 to Riobo, agreeing to repay in two installments due on July 1, 1898, and July 1, 1899.
- The sisters mortgaged several parcels of land to secure the debt.
- Riobo sought P14,519.58, including the original debt and interest, and requested a public auction of the mortgaged properties if payment was not made.
- Defendants denied the allegations, claiming the document was void due to lack of consideration and that their signatures were obtained through force.
- They admitted to paying the first installment of P4,595 and counterclaimed for P5,919.50, including Hontiveros' claim of P1,324.50 against Riobo.
- The trial court found partial payments acknowledged but ruled the mortgage invalid due to lack of property registration, awarding Riobo P5,195 with interest from the complaint date.
- Both parties appealed the trial court's findings.
Issue:
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Ruling:
- The court affirmed the trial court's finding that the defendants had paid P3,995 on the debt.
- The court ruled that the plaintiff was not entitled to interest from the date the debt fell due.
- The court reversed the trial court's ruling regarding the mortgage, finding that the document was duly registered.
- The cour...(Unlock)
Ratio:
- The court's decision was based on evidence supporting the defendants' payment of P3,995, corroborated by witness testimonies.
- The original contract did not stipulate interest, and the plaintiff failed to show he demanded payment before filing the complaint, which is necessary for claiming interest.
- The court found the trial court erred i...continue reading
Case Digest (G.R. No. 6452)
Facts:
The case involves Manuel Riobo as the plaintiff and appellant against Ramon Hontiveros and others as defendants and appellants. The events leading to the case began with a public notarial document executed on March 18, 1897, in Capiz, Province of Capiz. In this document, Agustina Consolacion and Norberta Consolacion, two sisters, acknowledged their indebtedness to Riobo in the amount of P9,190, agreeing to repay this sum in two equal installments due on July 1, 1898, and July 1, 1899. To secure this debt, the sisters mortgaged several parcels of land, which were described in detail in the document and the complaint. Riobo sought judgment for P14,519.58, which included the original debt plus interest, and requested the court to order the public auction of the mortgaged properties if the defendants failed to pay.
The defendants denied the allegations and claimed that the document was null and void due to lack of consideration and that their signatures were obtained through force and intimidation. They asserted that they had never received any money from Riobo, although they admitted to paying the first installment of P4,595. Additionally, Ramon Hontiveros claimed that he was owed P1,324.50 by Riobo from a prior partnership in the sale of agricultural products. The defendants counterclaimed for P5,919.50, which included the amount they claimed to have paid and the amount owed to Hontiveros.
The trial court, presided over by Hon. Jose C. Abreu, found that the defendants acknowledged the debt, had made partial payments, and ruled that the public document did not constitute a valid mortgage as it was not inscribed in the property register....