II.

Form and Interpretation of Negotiable Instruments

-must payable on demand or at a fixed or determinable future time
G.R. No. L-29900 June 28, 1974
Pay v. Palanca
IN THE MATTER OF THE INTESTATE ESTATE OF JUSTO PALANCA, Deceased,
GEORGE PAY, petitioner-appellant,
vs.SEGUNDINA CHUA VDA. DE PALANCA, oppositor-appellee.
FERNANDO, J.:p
Petitioner George Pay is a creditor of the Late Justo Palanca who died in Manila on July
3, 1963. The claim of the petitioner is based on a promissory note dated January 30,
1952, whereby the late Justo Palanca and Rosa Gonzales Vda. de Carlos Palanca
promised to pay George Pay the amount of P26,900.00, with interest thereon at the rate
of 12% per annum.
The promissory note, dated January 30, 1962, is worded thus: " `For value received
from time to time since 1947, we [jointly and severally promise to] pay to Mr. [George
Pay] at his office at the China Banking Corporation the sum of [Twenty Six Thousand
Nine Hundred Pesos] (P26,900.00), with interest thereon at the rate of 12% per annum
upon receipt by either of the undersigned of cash payment from the Estate of the late
Don Carlos Palanca orupon demand'. . . .
Issue:
Whether or not a creditor is barred by prescription in his attempt to collect on a
promissory note executed more than fifteen years earlier with the debtor sued promising
to pay either upon receipt by him of his share from a certain estate or upon demand?
Held:
Yes. He is barred by prescription. From the manner in which the promissory note was
executed, it would appear that petitioner was hopeful that the satisfaction of his credit
could be realized either through the debtor sued receiving cash payment from the estate
of the late Carlos Palanca presumptively as one of the heirs, or, as expressed therein,
"upon demand." What is undeniable is that on August 26, 1967, more than fifteen years
after the execution of the promissory note on January 30, 1952, this petition was filed.
Article 1179 of the Civil Code provides: "Every obligation whose performance does not

depend upon a future or uncertain event, or upon a past event unknown to the parties,
is demandable at once." The obligation being due and demandable, it would appear that
the filing of the suit after fifteen years was much too late. For again, according to the
Civil Code, which is based on Section 43 of Act No. 190, the prescriptive period for a
written contract is that of ten years..