Petitioner
The Bachrach Garage
Respondent
Vicente Golingco
Citation
G.R. No. 13761
Court
Supreme Court En Banc
Division
En Banc
Ponente
Avanceña, J.
Decided
July 12, 1919

Summary

This 1919 Supreme Court case involved debt collection by Bachrach Garage and Taxicab Co. against Vicente Golingco over multiple promissory notes totaling approximately P10,000. The central dispute concerned whether a P7,000 payment made by Golingco should be applied to his promissory note debt or to a separate truck purchase. The Supreme Court held that based on the documentary evidence and timing, the payment was specifically for the truck purchase, not the promissory note. The Court also corrected the trial court's interest calculations, ruling that accrued interest should only earn 6% interest per annum from judicial demand, not the higher rates applied below. The case established important precedents regarding payment application under Article 1172 of the Civil Code and interest calculations under Act No. 2655, while upholding the validity of reasonable attorney's fees stipulations in promissory notes.

Statutes applied

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By the Intellegal Editorial Board · July 12, 1919

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