Citation
G.R. No. 47414
Court
Supreme Court En Banc
Division
En Banc
Decided
Diciembre 19, 1940

Summary

This 1940 Supreme Court case involved collection of a recognized debt of P1,519.49 representing inheritance shares. Defendant Ambrosio Sapungan had twice acknowledged owing this amount to plaintiffs Josefa Pablo y Otras - first in 1924 (Exhibit A) with interest, then in 1930 (Exhibit B) during litigation. The debt represented plaintiffs' legitimate shares in land inherited from Severina Ruedas de Pablo, which defendant purchased. When defendant failed to pay despite agreements, plaintiffs sued for collection. The Supreme Court affirmed the lower court's judgment ordering payment with interest from 1924, rejecting defendant's novation argument and confirming the propriety of requiring plaintiffs to post a P1,520 bond under Civil Code Article 1502 to guarantee return of payment if defendant lost concurrent land litigation. The decision clarified that subsequent debt acknowledgments don't automatically novate original interest obligations and established proper bond requirements for contested property sales.

Statutes applied

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By the Intellegal Editorial Board · Diciembre 19, 1940

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