Case Digest (G.R. No. 47362)
Facts:
Juan F. Villarroel v. Bernardino Estrada, G.R. No. 47362, December 19, 1940, the Supreme Court, Avanceña, C.J., writing for the Court (Justices Imperial, Diaz, Laurel, and Horrilleno concurring).In 1912 Alejandra F. Callao borrowed P1,000 from spouses Mariano Estrada and Severina payable in seven years (Exhibit A). Alejandra later died, leaving Juan F. Villarroel as her sole heir. The original creditors, Mariano and Severina, also died and their sole heir was Bernardino Estrada.
On August 9, 1930, Juan F. Villarroel, as heir of Alejandra, executed a written instrument (Exhibit B) acknowledging that he owed Bernardino Estrada P1,000 with interest at 12% per annum. Bernardino sued to collect that amount. The action was instituted in the Court of First Instance of Laguna, which found for Bernardino and condemned Juan to pay P1,000 with 12% annual interest from August 9, 1930, until fully paid.
Juan appealed the decision. The principal legal question presented on appeal was whether recovery could be had despite the prescription of the original obligation incurred by Alejandra, or whether the 193...(Pro-only)
Issues:
- Is the action to recover P1,000 barred by prescription of the original debt incurred by Alejandra F. Callao?
- If the original debt has prescribed, does the written acknowledgment executed by the heir on August 9, 1930 (Exhibit B) constitute a new, enforceable obligation such that...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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