Title
Alburo vs. Mercado
Case
G.R. No. 19209
Decision Date
Nov 27, 1922
A 1916 contract for corn delivery was deemed usurious and void by the Supreme Court, awarding only the principal minus partial payment and sack costs.
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Case Summary (G.R. No. 19209)

Contract Construction and Usury

  • The original written instrument, executed in Spanish and translated into English, was analyzed to determine its validity under the Usury Law.
  • The majority opinion concluded that the contract was not usurious, despite dissenting opinions from four justices.
  • The court emphasized the importance of the written terms of the contract, which clearly outlined the obligations of the parties involved.

Terms of the Contract

  • The contract acknowledged the receipt of P330 by Rosario Alburo de Mercado from Cayetano Alburo for the purchase of 300 sacks of corn.
  • It stipulated that the corn was to be delivered by October 1916, and failure to deliver would result in the obligation to pay P330 plus double that amount as interest.
  • The court noted that the plaintiff was responsible for delivering the corn, and any failure to do so would not impose liability on the defendants.

Payment and Claims

  • The plaintiff claimed a total of P549.60, which included the unpaid balance and the value of empty sacks delivered.
  • The defendants denied the allegations and claimed the contract was void due to its usurious nature.
  • The trial court ruled in favor of the plaintiff, awarding him the claimed amount with interest.

Analysis of Liability

  • The court analyzed the contract's terms, concluding that the defendants only acknowledged receipt of P330 and did not agree to return the corn.
  • The court found that the plaintiff's obligations were misrepresented in the contract, as he was liable for the payment of interest to himself in case of non-delivery.
  • The court held that the contract's terms could not be enforced as they would result in an unconscionable penalty.

Usury Law Implications

  • The court discussed the implications of the Usury Law, which voids contracts that impose excessive interest rates.
  • It was suggested that if the contract was intended to impose a penalty for non-delivery, it would still be considered usurious.
  • The court indicated that enforcing such a contract would contradict principles of justice and fairness.

Final Judgment

  • The court ultimately reversed the lower court's judgment, ruling in favor of the plaintiff for P219.60 with interest at 6% per annum.
  • The defendants were ordered to pay the costs of the appeal.
  • The decisio...continue reading

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