Petitioner
Quintin de Borja
Respondent
Feliciana Mariano
Citation
G.R. No. 44041
Court
Supreme Court En Banc
Division
En Banc
Ponente
Diaz, J.
Decided
October 28, 1938

Summary

This case involved a complex financial dispute where Quintin de Borja sought recovery of multiple monetary obligations from Feliciana Mariano, widow of deceased Cornelio Sarangaya. The Supreme Court had to determine whether various claimed amounts represented distinct obligations or the same debt that had been novated. The key legal issue was the effect of novation under Article 1204 of the Civil Code. The Court found that a prior intestate court resolution awarding P5,000 plus interest was extinguished when the parties executed a mortgage deed (Exhibit A) for P16,000, constituting novation. The P6,000 portion of the P16,000 claim represented the original P5,000 debt plus P1,000 unpaid interest, not a separate obligation. The Court modified the lower court's judgment to award the full P16,000 plus interest and an additional P2,300 plus interest, representing distinct personal obligations of the defendant.

Statutes applied

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By the Intellegal Editorial Board · October 28, 1938

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