Banez vs Young, GR No L-4635, October 27, 1952
Subject: Obligations and Contracts
FACTS
Vicente
Banez is the plaintiff-appellant in this case while Carlos young was the
defendant-appellee.
The plaintiff, Vicente Banez, filed a
complaint against the defendant, Carlos Young, in the Manila Municipal Court,
seeking repayment of the interest on P363.92 with its legal interest and costs.
Obtaining judgment in favor of the
plaintiff, the defendant appealed and the Court of First Instance of Manila,
issued a judgment dismissing the claim with costs.
Against this decision, the plaintiff
appealed directly to the Supreme Court.
ISSUE
Whether
or not there is a valid consent from the creditor.
RULING
No,
there is none.
Under
the law (Art 1270, NCC), condonation or remission is essentially gratuitous,
and requires the acceptance by the obligor. It may be made expressly or
impliedly. One and the other kinds shall be subject to the rules which govern
inofficious donations. Express condonation shall, furthermore, comply with the
forms of donation.
One of
the essential requisites for remission is that the parties must be capacitated
and must consent. Wherein this case, it is beyond the power of the courts or of
Congress to condone interest unless the creditor consents. Hence, the appealed decision is
confirmed with costs against the appellant.
No comments:
Post a Comment