Aniversario vs Ternate, 10 Phil 53
Subject: Obligations and Contracts
FACTS
By a
written instrument, dated September 18, 1906, the plaintiff petitioned that the
defendant be sentenced to the payment of 510 pesos, together with interest
thereon from the date of the first demand for payment, with the costs.
The
defendant pleaded that "on or about the 25th of November, 1902, he
received from the plaintiff the sum of 510 pesos in payment of a horse which he
then sold and delivered to her, and that the defendant has not received from
the plaintiff any sum whatever with which to purchase a horse, and that he is
in no wise indebted to the plaintiff."
On
appeal taken for a review of the evidence, the appellant contends that the
lower court erred in finding that Exhibit A of the plaintiff, and the contents
thereof, rather support the contention of the defendant than the allegations of
the complaint. Said exhibit is as follows: "Received from Doña Maria
Aniversario the sum of five hundred and ten (510) pesos, in payment of the
price of a white horse purchased at San Juan de Bocboc — Manila, November 25,
1902. — Florencio Ternate." The plaintiff, testifying in regard to this exhibit,
said that she understood perfectly the contents of the above receipt, when the
same was handed to her by Florencio Ternate.
ISSUE
Whether
or not the money in question was payment “for a horse already purchased” or “for
a horse to be purchased”.
RULING
Yes,
the money in question was payment for a horse already purchased and not for a
horse to be purchased.
Under
the law (Article 1370 par.1, NCC), if the terms of a contract are clear and
leave no doubt upon the intention of the contracting parties, the literal
meaning of its stipulations shall control.
In
this case, the money was paid for a horse already purchased. The document
“exhibited by the plaintiff in support of her action does not prove all
allegations of the complaint but those of the answer of the defendant, to the
effect that the latter, on the abovementioned date, received the sum of P510,
not to purchase a horse at that time, as contended by the plaintiff, but in
payment of the price of a white horse already bought, as alleged by the
defendant. This construction by the lower court is in conformity with the
provisions of Article 1281 of the Civil Code (now Article 1370 of the new Civil
Code) which says that “if the terms of a contract are clear and leave no doubt
as to the intention of the contracting parties, the literal sense of its
provision shall be observed.” Hence, the defendant does not owe the appellant
anything.
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