Hermosa v. Longara

93 Phil. 971 (1953)

FACTS:

Three kinds of claims received after the death of the intestate in December 1944. The claimant presented evidence and the Court of Appeals found that the intestate has asked for the said credit advances for himself and for the members of his family “on condition that their payment should be made by Fernando Hermosa, Sr. as soon as he received funds derived from the sale of his property in Spain.” The Court of Appeals held that payment of the advances did not become due until the administratrix received the sum of P20,000 from the buyer of the property. Upon authorization of the probate court in October 1997, the same was paid for subsequently.

ISSUE:

Whether the obligation contracted by the intestate was subject to a condition exclusively dependent upon the will of the debtor and therefore null and void.

RULING:

As the obligation retroacts to the date when the contract was entered into, all amounts advanced from the time of the agreement became due, upon the happening of the suspensive condition. As the obligation to pay became due and demandable only when the house was sold and the proceeds received in the islands, the action to recover the same only accrued, within the meaning of the statute of limitations, on date the money became available here hence the action to recover the advances has not yet prescribed.

 * Case digest by Cherrie Mae Aguila-Granada, LLB-1, Andres Bonifacio Law School, SY 2017-2018

By |2018-07-06T03:12:34+00:00June 11th, 2018|Case Digests|0 Comments

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