- Petitioner
- Oriental Commercial Co.
- Respondent
- Quirico Abeto
- Citation
- G.R. No. 42391
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Imperial, J.
- Decided
- October 10, 1934
Summary
Oriental Commercial Co. sought execution of a Supreme Court judgment against three defendants for P5,742.73 plus attorney's fees. When Alejo Mabanag claimed he was only jointly liable and entitled to benefit of exhaustion as surety, the trial court suspended execution against him. The Supreme Court, through certiorari, clarified that under Civil Code Articles 1137-1138, defendants in a judgment are only jointly liable (not jointly and severally) unless expressly stated otherwise, meaning each pays only their proportionate share. However, the Court rejected Mabanag's claim for benefit of exhaustion, ruling that the final judgment did not recognize any defendant as surety. This case established important precedent on interpretation of joint versus solidary obligations in Philippine civil law.