- Petitioner
- Tuason
- Respondent
- Antonio Machuca
- Citation
- G.R. No. 22177
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Avanceña, J.
- Decided
- December 2, 1924
Summary
Tuason, Tuason, Inc. sued Antonio Machuca to recover P12,197.27 under a solidarity agreement after being held liable to Manila Compañia de Seguros for a customs bond. The case arose from Universal Trading Company's withdrawal of goods using a bond, subsequent insolvency, and chain of solidarity obligations. While plaintiff claimed actual payment, evidence showed only Albina Tuason's assumption of the debt with mortgage security. The Supreme Court modified the lower court's judgment, rejecting reimbursement theories under Civil Code Articles 1823 (requiring actual payment) and 1843 (requiring specific remedy election). However, the Court found that the solidarity document bound Machuca to pay upon plaintiff becoming liable, regardless of actual payment. The decision established that solidarity obligations can be enforced based on liability arising from final judgment, even without actual payment to the original creditor. Machuca was ordered to pay P9,663 plus interest and attorney's fees.