Case Digest: Somes vs Molina Y Salvador et.al., 15 Phil 133, G.R No. 5160

Somes vs Molina Y Salvador et.al., 15 Phil 133, G.R No. 5160, February 3, 1910

Subject: Obligations and Contracts

FACTS

On the 18th day of April 1905, said Molina obtained against said De la Riva a judgment in the Court of First Instance for the amount of the second installment due under said contract. An appeal was taken from said judgment by De la Riva, and the Supreme Court affirmed the judgment on the 22d day of March 1906.

On the 23d day of November 1905, the defendant Molina recovered against the defendant De la Riva another judgment in the Court of First Instance upon the third installment due under said contract. An appeal was taken from that judgment and the same was affirmed by the Supreme Court on the 5th day of January 1907.

On the 19th day of February 1907, the said Molina obtained another judgment against De la Riva in the Court of First Instance for the recovery of the fourth and last installment due under said contract. Executions were issued under said judgments on the 21st day of April 1906, the 19th day of February, 1907, and the 19th day of February, 1907, respectively. Said executions were placed in the hands of the sheriff of the city of Manila and the sheriff of the Province of Albay, and all of the property of the defendant De la Riva was levied upon under said executions, which levies still remain in force, the property not having been sold pursuant thereto.

No payment was made by De la Riva under said contract except the first payment, which was made at the date of the execution of the contract.

ISSUE

Whether or not the plaintiff in the instant case is entitled of subrogation.

RULING

Yes. The plaintiff herein is entitled of subrogation in the judgment obtained in action No. 3402, but he may not exercise the rights conferred by such subrogation until the defendant Molina has been fully paid judgments in actions Nos. 3829 and 4766.It is brought squarely within the well-established doctrine that the surety cannot exercise the rights conferred by subrogation until the debt which the principal debtor owes to the creditor is fully paid.