Pacific Commercial Company, Demandante-Apelada, Contra Graciano De La Rama, Demandado-Apelante

Summary

This 1941 Supreme Court case involved Pacific Commercial Company's collection suit against Graciano de la Rama for an unpaid automobile installment purchase. After the defendant defaulted, the plaintiff initiated chattel mortgage foreclosure but later instructed the sheriff to suspend the sale due to the car's accident damage. The defendant argued that by starting foreclosure proceedings, the plaintiff had elected its remedy under Article 1454-A of the Civil Code and lost its right to collect the debt balance. The Supreme Court rejected this argument, holding that the article requires complete execution of the chosen remedy to bar others. Since the foreclosure was never completed through public sale, the plaintiff retained its right to collect the unpaid balance. The decision clarifies that remedies under installment sale contracts are alternative but must be fully executed to preclude other options, establishing important precedent for commercial credit transactions.