Francisca Jose v. Wenceslaua Damian · G.R. 5273

Petitioner: Francisca Jose
Respondent: Wenceslaua Damian
Citation: G.R. No. 5273
Court: Supreme Court
Division: First Division
Ponente: Torres, J.
Decided: September 9, 1909

Summary

This 1909 Supreme Court case involved a contractual dispute over unpaid installments on a P1,394 loan. Wenceslaua Damian had agreed to pay Francisca Jose monthly installments of P20 but stopped payments after May 1907. The loan resulted from debt restructuring of an original P4,000 obligation dating to 2004, involving sales of houses and jewelry with pacto de retro. The Supreme Court affirmed the lower court's judgment for P250, representing 12.5 unpaid monthly installments, with legal interest from the complaint filing date. The Court established important precedent that when debts are payable in installments, creditors can only claim unpaid installments due at the time of filing unless there's a contrary stipulation allowing acceleration of the entire debt. The decision reinforced contractual freedom principles under Civil Code Article 1255 and clarified interest calculation rules under Article 1755.

Statutes applied

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Tranquilino Rubis v. The Philippine Charity Sweepstakes G.R. No. 46686
Geronimo Santiago, Jr. v. Fabian R. Millar G.R. No. 45993
C. H. Hodges, Recurrente, Contra Carmen Regalado Y Maria Gay, Recurridas G.R. No. 46326
H. P. L. Jollye v. Emeterio Barcelon G.R. No. 45213
Ignacio Arroyo v. Alfred Berwin G.R. No. 10551

By Intellegal Editorial Board · September 9, 1909

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