- Petitioner
- Pedro G. Vasquez
- Respondent
- Agustin Jocson
- Citation
- G.R. No. 43234
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Villa-Real, J.
- Decided
- November 27, 1935
Summary
This case involves a mortgage foreclosure dispute over Hacienda San Isidro in Occidental Negros. Pedro G. Vasquez sold the property to Agustin Jocson for P100,000, securing payment through a mortgage containing strict conditions. Jocson violated these conditions by creating a second mortgage in favor of Jose Araneta, executing unauthorized leases, and cutting valuable trees without Vasquez's written consent. When Vasquez discovered the violations in 1934, he demanded immediate payment and threatened foreclosure. The Court of First Instance ordered Jocson to pay P42,301.11 with interest and attorney's fees, with the property to be sold if payment wasn't made within three months. The Supreme Court affirmed this decision, rejecting arguments about implied consent and various counterclaims for credits. The case establishes important precedents regarding strict interpretation of mortgage conditions and the requirement for written consent when specified in mortgage agreements.