Petitioner
Voluntary Insolvency of the 'Central Capiz.' Timoteo Unson
Respondent
Urquijo
Citation
G.R. No. 28205
Court
Supreme Court En Banc
Division
En Banc
Ponente
Villa-Real, J.
Decided
December 24, 1927

Summary

This Supreme Court case involved competing creditor claims in the voluntary insolvency of Capiz Central. Urquijo, Zuloaga & Escubi sold machinery worth P30,000 to Capiz Central but received only partial payment, leaving P19,285.715/7 unpaid. When Capiz Central became insolvent, multiple creditors claimed against the assets. The central legal issue was whether the vendor's preferential right under Civil Code Article 1922 extended to the full machinery value or only the unpaid portion. The Supreme Court reversed the lower court's decision limiting the preference to the proportional unpaid amount, holding instead that vendor's preferential right encompasses the entire property value regardless of partial payments. This decision establishes important precedent for creditor preferences in insolvency proceedings, emphasizing principles of equity and justice in commercial transactions.

Statutes applied

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By the Intellegal Editorial Board · December 24, 1927

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