Petitioner
Quintin de Borja
Respondent
Francisco de Borja
Citation
G.R. No. 38479
Court
Supreme Court En Banc
Division
En Banc
Ponente
Imperial, J.
Decided
November 20, 1933

Summary

This case involved a collection action by the judicial administrator of Marcelo de Borja's estate against Francisco de Borja for P61,376.56 allegedly owed for loans and collections. The defendant filed counterclaims for debts allegedly owed by the deceased. The trial court awarded the defendant a net amount of P6,464.14 after offsetting claims and counterclaims. On appeal, the Supreme Court affirmed the judgment, ruling that the counterclaims had a 10-year prescription period under the Code of Civil Procedure, that no interest was due on amounts handled by the defendant as attorney-in-fact without conversion, and that the arrangement regarding an earthen jar factory constituted a gratuitous commodatum. The Court found the trial court's careful analysis and liquidation of claims to be supported by the preponderance of evidence and declined to modify the findings.

Statutes applied

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By the Intellegal Editorial Board · November 20, 1933

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