Petitioner
Inchausti & Co.
Respondent
Gregorio Yulo
Citation
G.R. No. 7721
Court
Supreme Court
Division
Second Division
Ponente
Arellano, C.J.
Decided
March 25, 1914

Summary

Commercial firm Inchausti & Company sued heir Gregorio Yulo for debt of P253,445.42 under a solidary obligation executed by six heirs of Teodoro Yulo. During the litigation, three co-heirs obtained a separate agreement reducing the debt to P225,000 with extended payment terms. The Supreme Court held this separate agreement did not novate the original contract but established important precedent that under Civil Code Article 1143, debt remission granted to some solidary debtors automatically benefits all co-debtors. The Court ordered Gregorio to pay only his proportional share (P112,500) of the reduced debt amount, balancing creditor rights with debtor protections in solidary obligations and establishing key jurisprudence on the effects of partial debt remission in joint and solidary obligations.

Statutes applied

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By the Intellegal Editorial Board · March 25, 1914

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