Be the collection of a promissory note reads as follows: Villaba, Leyte, August 24, virtual law library chanrobles 1949.

This is to acknowledge receipt of the sum of One Thousand Six Hundred Pesos (P1, 600) from Patent Health, Filipino citizen, of age, single, a resident of Villa Also, Leyte, like myself, as my indebtedness to her. I am going to pay debt to her, her Heirs, assigns and successors, in the said sum of P1, 600 in Philippine currency, or as soon as possible as soon as I Have money. virtual law library chanrobles This debt is not Covered By Any security Because of the intimate relations of my family to virtual law library her. chanrobles This sum covers my previous indebtedness to her from her Which I Received on May 4, 1947 and previous virtual law library chanrobles thereto. I hereby certify That I Have to pay indebtedness to her This whole, Before I Exercise my right of repurchase of an agricultural land, Situated in Tag-alang, Villaba, Leyte, bearing Tax No. 2662, Which I sold to her under a covenant retro sale. The Magistrate ruled ordering the payment of the debt within the term of four months from the date of its enactment, with virtual law library chanrobles costas. At the hearing of the case in the Court of First Instance of Leyte, before whom this cause was raised on appeal, both parties made an agreement reads as follows: That, upon the face of the promissory note in question, it is not definitive Apparent That term is fixed therein and STI That performance is left to the Will of the debtor-defendant. (Rec. on Appeal p. 9) chanrobles virtual law library That the questions Involved in the present action are Purely questions of Law, viz.: Chanrobles virtual law library (A) Whether or not the Justice of the Peace of Villaba, Leyte, to take cognizance HAD jurisdiction of the present case and to fix a term for the Definite payment of the indebtedness in question by the defendant by Applying the Provisions of article 1128 of the Civil Code; chanrobles virtual law library

B) Whether or not, the Court of First Instance has, consequently, an appellate jurisdiction in the present action; (Rec. on Appeal, pp. 9-10) and the judge, stating that the obligation is pure and unconditional, issued decisions in favor of the plaintiff ordering the payment of debt interest and virtual law library chanrobles costas.

The demandao Tribunal. appeal directly to the virtual law library chanrobles According to the agreement of facts submitted by the parties, the question to solve is this: if the term of payment has been made at the discretion of the debtor, as indeed so does the condition of payment "or as soon as possible as soon as I Have money, "" is null condition? chanrobles virtual law library Article 1115 Civil Code provides that "Where the performance of the condition depends on the sole will of the debtor, the conditional obligation is void." Must be null and of no value because of the will of the debtor, the collection would be impossible for the illusory the right of the creditor. The condition declared invalid, the obligation must be declared pure and unconditional? We think not. If, through inadvertence or ignorance, the parties agreed to a payment contrary to the law, that the condition void, it has to convert the pure primary obligation - enforceable immediately - when your original intention was to grant the debtor within for payment? Pure declare the obligation is to impose a completely different approach from what was agreed, should be determined other period consistent with the law and the will of the parties, and it is clear that the new condition should not rely solely on the creditor, is so unfair to leave exclusive of the debtor will be left to the sole discretion of the creditor. A third party must determine this term, taking into account the cirnstancias under which the loan was granted. So the article 1128, inspired by a true sense of justice, provides that "if the obligation not point out run, but its nature and circumstances it is apparent that he wanted given to the debtor, the court shall determine the duration of that. Also set the The duration of the courts when it has been at the will of the debtor. "chanrobles virtual law library

gradually as stated in the car it is seen that such obligation is to run, since neither can be enforced compliance course or not depends on the existence of the same eventual realization of some event. But with this obligation to be run, not yet certain important day for compliance, with the result that it is an indefinite period, or whose duration is not fixed by entering into the contract partner. It is also clear that the term is granted the exclusive benefit of damandado own comfort and the same, since it served the terms of the claimants gain nothing with no immediate enforceability of the obligation. There is not even agreed Intres any debt for as long as possible by the defendant in payment thereof. For this reason, in any way considered the case, it certainly falls under the provision in Article 1128 of the Civil Code. . .: Chanrobles virtual law library Manifestly inadequate car's liability as to the marking of the length of time that it is granted without the slightest shadow of doubt in favor of the debtor or the defendant, that deficiency must be supplied by judicial decision determined that duration in use of the power expressly granted to the courts for such purpose by the statutory provision just transcribe. Judge therefore I act according to law to ajercer such power in this case by setting the duration of the term under the basis of having to make debt payments at the rate of P200 per month. And certainly do not see abuse of judicial discretion in pointing out such a fee, given the importance of duty and the absence of any stipulation of interest for creditors. (18 Phil., 357.) In Seoane against Franco, being speaker Judge Moreland, this Court said:

From these decisions it is clear that the document tried the case before us is one that is left of the payment period will of the mortgagor. This being the case, he should have taken legal action in order to point out the date on which the obligation was to overcome and be payable. Until it had promoted such action could not be initiate litigation to recover the amount mentioned in the instrument. It is therefore evident that the action was premature. The document should have been tried before maturity.Therefore it must dismiss the virtual law library chanrobles accion. Ordinarily, when an action is dismissed of this nature then the plaintiff can sue the foster order to fix the date on which the writing has to overcome. . . . (24 Phil., 320) In Yu Chin Lim Piao against Tuaca, under the presentation of Judge Moreland, was reiterated for the fourth time the doctrine adopted in previous decisions that "When a lease does not stipulate any deadline but in its nature and circumstances mayplazodel deduced that the lease is at the discretion of the lessee, or when the power to fix a limit rests solely with the lessee, fix their duration triubnales. " (33 Phil., 98) chanrobles virtual law library And against Jose Gonzales, the two promissory notes at issue provided that the debt was paid "as soon as possible". Resolving the conflict, this Court, through Justice Imperial, said: It is by the parties Practically Admitted That the Obligations Arising from the two promissory notes governed by Should Be said article, (Art. 1128, Code Civ) inasmuch as it Was the intention of the plaintiff, Evidence by the terms of the said notes , to grant the Debtor to pay Period Within Which to the Debts. . . .The defendant contends That art. 1113 of the Civil Code Should Be Applied inasmuch as derived from the Obligations Were the notes promisory demandable from the time of Their Execution,. . .. chanrobles virtual law library We Hold That the two are governed by promissory notes art.1128 under the terms thereof Because the plaintiff Intended to grant the defendant to pay Period Within Which to His Debts. As the promissory notes do not Fix This Period, it is for the court to fix the Same. (66 Phil., 369) To halt after consider the five decisions cited and the Osmena against Rama, we conclude that when the deadline for payment of an obligation is left to the sole will of the debtor, that condition must be annulled, but the cancellation does not convert the obligation into simple and unconditional creditor's recourse in such a case go to court to ask for fixing the term of virtual law library chanrobles pago. That the Magistrate Villaba, Leyte, has jurisdiction over this cause no doubt, as the demand does not claim more than the payment of the amount of P1, 600: the Court of First Instance of Leyte, therefore, also has jurisdiction apelada. virtual law library chanrobles As the plaintiff claims payment of the obligation without having first obtained the court for the fixing of the payment deadline, the presentation of your claim is premature. (Seoane against Franco, supra) chanrobles virtual law library

Appealed the decision was reversed with costs against the applicant, virtual law library chanrobles apelada. Tuason, Montemayor, Juice and Labrador, JJ., Concur. Bago! I-click ang mga salita sa itaas upang tumingin ng mga alternatibong translation. Huwag pansinin
Google Translate para sa Negosyo:Toolkit ng TagapagsalinTranslator ng WebsiteGlobal Market Finder