Title
Ledesma vs. Doronila
Case
G.R. No. L-3560
Decision Date
Oct 26, 1907
Mortgage foreclosure case involving Ildefonso Doronila as principal debtor and Vicenta Jalbuena as surety; Doronila's liability upheld, Jalbuena's unresolved due to non-appeal.

Case Summary (G.R. No. L-3560)

Legal Background and Proceedings

The action was initiated to foreclose a mortgage that was executed by Ildefonso Doronila and secured by his wife, Vicenta Jalbuena, to meet his obligations as tutor to the Ledesma children. This transaction and its implied responsibilities have previously been litigated, specifically in the case of Doronila vs. Lopez, where the court recognized the obligation of Doronila as the principal debtor. Conversely, in a separate case, Jaibuena vs. Ledesma, the court set aside the obligations as they pertained to the surety.

Court of First Instance Decision

The judge in the Court of First Instance of Iloilo ruled in favor of Magdalene Ledesma, awarding her the sum of P19,928 against Ildefonso Doronila and allowing for the foreclosure of the mortgage on the lands attributed to Vicenta Jalbuena. Nonetheless, there was a discrepancy where the clerk of the court entered judgment not only for foreclosure but also for a recovery of the owed amount against both Doronila and Jalbuena.

Appellant’s Claims and Evidence

While Doronila acknowledged the judgment against him as conclusive with regards to his liability, he attempted to assert claims for credit against various sums collected by his successor as tutor. He argued that these collected sums were part of the amount guaranteed under the mortgage obligation. However, after thorough consideration of the evidence presented, the court was not satisfied that Doronila proved his claim.

Surety's Status and Appeal

Doronila raised the issue regarding the procedural status of Vicenta Jalbuena, contending that she had not been formally made a party to the action, either through service of summons or representation by an attorney. Despite this assertion, the court determined that it was unnecessary to resolve this point in the current proceedings due to th

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