Title
B.J. Server vs. Sikat
Case
G.R. No. L-24695
Decision Date
Oct 26, 1968
Ricardo Sikat contested a 1945 loan secured by mortgage, claiming coercion and usury. Courts ruled the loan valid but revalued it based on an oral agreement and Ballantyne schedule, affirming Sikat's right to pay in Japanese notes.

Case Summary (G.R. No. L-24695)

Key Dates

  • January 16, 1945: The date of the loan transaction.
  • October 15, 1947: B.J. Server reminded Ricardo Sikat of the loan through a letter.
  • December 7, 1953: Server formally demanded payment.

Applicable Law

The legal context involves provisions regarding obligations incurred during a state of occupation, particularly involving the valuation of debts in Japanese military notes versus Philippine currency. The rulings in this case are analyzed under the relevant legal interpretations of such obligations, specifically referencing earlier jurisprudence on similar matters.

Loan Agreement and Security

On January 16, 1945, Ricardo Sikat borrowed P120,000.00 in Japanese Occupation money from B.J. Server, securing the loan through a mortgage on two parcels of land and an additional promissory note. The terms of the promissory note specified the loan amount of P6,000.00, with interest repayable in legal Philippine currency. The due date was set to be two years post-cessation of hostilities between the United States and Japan.

Payment Demands

Server made several attempts to collect the debt, including reminders in 1947 and a formal demand in 1953 for repayment, asserting that Sikat had not settled the amount due, which had become payable after the cessation of hostilities.

Respondent's Defense

Sikat contested the collection efforts, arguing that he had been coerced into signing the mortgage and note, maintaining that their terms did not reflect the true agreement. He claimed the amount was usurious due to the significant disparity between the original loan value and the stipulated repayment in Philippine currency, asserting that the actual debt was only equivalent to P60.00 in such currency based on prevailing rates.

Trial Court's Ruling

The Court of First Instance ruled in favor of Server, stating that Sikat had not effectively disproven the validity of the mortgage and promissory note. The court also dismissed Sikat’s usury claim, determining that the loan agreement's terms were lawful and could be enforced as written.

Appellate Court's Findings

Upon appeal, the Court of Appeals reversed the lower court's decision, finding evidence of a verbal agreement allowing for repayment during the occupation. It concluded that the loan should be settled in accordance with the value of the Japanese military notes at the time, resulting in Sikat only being liable for P1,000.00 as established by the Ballantyne sliding scale.

Nature of Verbal Agreement

The appellate court examined testimonies regarding the purported oral understanding that allowed payment during the occupation and found sufficient grounds to validate this claim despite the trial court's rejection due to insufficient evidence.

Court's Reasoning

The Appeals Court determined that the language in the promissory note did not expressly prohibit payments before

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