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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-1939 Jurisprudence                 

  • G.R. No. 43850 April 3, 1939 - JOSE C. BUCOY v. JOHN R. MCFIE, ET AL.

    067 Phil 126

  • G.R. No. 45080 April 3, 1939 - FLORENCIA DUQUILLO v. PAZ BAYOT

    067 Phil 131

  • G.R. No. 45112 April 3, 1939 - APOLONIA GOMEZ v. LEVY HERMANOS, INC.

    067 Phil 134

  • G.R. No. 45144 April 3, 1939 - M. E. GREY v. INSULAR LUMBER COMPANY

    067 Phil 139

  • G.R. No. 45696 April 3, 1939 - PLACIDA PASCASIO, ET AL. v. BENITO GUIDO

    067 Phil 143

  • G.R. No. 45159 April 4, 1939 - GOVERNMENT OF THE PHIL. v. EMILIO MA. DE MORETA

    067 Phil 146

  • G.R. Nos. 46231-46235 April 4, 1939 - PEOPLE OF THE PHIL. v. PAULO B. GONZALEZ

    067 Phil 147

  • G.R. No. 46239 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. ROSENDO MARCOS, ET AL.

    067 Phil 150

  • G.R. No. 46247 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. MUNICIPAL COUNCIL OF SAN RAFAEL, ET AL.

    067 Phil 158

  • G.R. No. 45177 April 5, 1939 - JOSE MARTINEZ v. SANTOS B. PAMPOLINA

    067 Phil 167

  • G.R. No. 45193 April 6, 1939 - EMILIE ELMIRA RENEE BOUDARD, ET AL. v. STEWART EDDIE TAIT

    067 Phil 170

  • G.R. No. 46510 April 5, 1939 - ORIENT PROTECTIVE ASSURANCE ASSOCIATION v. ANTONIO RAMOS

    067 Phil 176

  • G.R. No. 45517 April 5, 1939 - TARCILA L. TRINIDAD v. ORIENT PROTECTIVE ASSURANCE ASSOCIATION

    067 Phil 181

  • G.R. No. 45738 April 6, 1939 - PEOPLE OF THE PHIL. v. MAXIMIANO CELORICO

    067 Phil 185

  • G.R. No. 45748 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCO VERA REYES

    067 Phil 187

  • G.R. No. 45955 April 5, 1939 - TEODORICA R. VIUDA DE JOSE v. JULIO VELOSO BARRUECO

    067 Phil 191

  • G.R. No. 46144 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCISCO CINCO, ET AL.

    067 Phil 196

  • G.R. No. 46409 April 5, 1939 - INSULAR MOTORS INCORPORATED v. CITY OF MANILA, ET AL.

    067 Phil 201

  • G.R. No. 46478 April 6, 1939 - PEOPLE OF THE PHIL. v. GO UG, ET AL.

    067 Phil 202

  • G.R. No. 43822 April 10, 1939 - PHILIPPINE TRUST CO. v. HONGKONG & SHANCHAI BANKING CORPORATION

    067 Phil 204

  • G.R. No. 45152 April 10, 1939 - HILARIA SIKAT v. JOHN CANSON

    067 Phil 207

  • G.R. No. 45170 April 10, 1939 - ARSENIO DE VERA, ET AL. v. CLEOTILDE GALAURAN

    067 Phil 213

  • G.R. No. 45171 April 10, 1939 - EUGENIO VERAGUTH, ET AL. v. ROSARIO MONTILLA, ET AL.

    067 Phil 215

  • G.R. No. 45192 April 10, 1939 - IN RE: VICENTE J. FRANCISCO

    067 Phil 222

  • G.R. No. 45200 April 10, 1939 - GOVERNMENT OF THE PHIL. v. APOLONIA S. ZAPANTA, ET AL.

    067 Phil 232

  • G.R. No. 45246 April 10, 1939 - CARLOS N. FRANCISCO v. PARSONS HARDWARE CO.

    067 Phil 234

  • G.R. No. 45273 April 10, 1939 - LUNETA MOTOR CO. v. FEDERICO ABAD

    067 Phil 236

  • G.R. No. 45295 April 10, 1939 - RUFO ARCENAS v. INOCENCIO DEL ROSARIO, ET AL.

    067 Phil 238

  • G.R. No. 45302 April 10, 1939 - GERVASIA ENCARNACION, ET AL. v. PROVINCIAL SHERIFF OF RIZAL, ET AL.

    067 Phil 245

  • G.R. No. 45337 April 10, 1939 - MANILA MOTOR CO. v. ANICETO MARAÑA

    067 Phil 247

  • G.R. No. 45381 April 10, 1939 - FELIX BENEDICTO v. PERFECTO ESPINO

    067 Phil 249

  • G.R. No. 45898 April 10, 1939 - JOVITA JOVEN v. MARCELO T. BONCAN, ET AL.

    067 Phil 252

  • G.R. No. 46530 April 10, 1939 - PEOPLE OF THE PHIL. v. CATALINO RABAO

    067 Phil 255

  • G.R. No. 45123 April 12, 1939 - AGRIPINO INFANTE v. MARCOS DULAY

    067 Phil 259

  • G.R. No. 45165 April 12, 1939 - GREGORIA JIMENEZ v. GEROMIMO JIMENEZ

    067 Phil 263

  • G.R. No. 45277 April 12, 1939 - TORIBIO TEODORO v. JUAN POSADAS

    067 Phil 267

  • G.R. No. 45306 April 12, 1939 - JOSUE SONCUYA v. LA URBANA

    067 Phil 271

  • G.R. No. 45365 April 12, 1939 - FULTON IRON WORKS CO. v. SIDNEY C. SCHWARZKOPF

    067 Phil 274

  • G.R. No. 45375 April 12, 1939 - COMMONWEALTH OF THE PHIL. v. GLORIA BALDELLO

    067 Phil 277

  • G.R. No. 45454 April 12, 1939 - EULALIO GARCIA v. SINFOROSA C. DAVID, ET AL.

    067 Phil 279

  • G.R. No. 45515 April 12, 1939 - TOLARAM MENGHRA v. BULCHAND ARACHAND, ET AL.

    067 Phil 286

  • G.R. No. 45742 April 12, 1939 - TIBURCIO MAMUYAC v. PEDRO ABENA

    067 Phil 289

  • G.R. No. 45752 April 12, 1939 - PEOPLE OF THE PHIL. v. JUAN PERALTA, ET AL.

    067 Phil 293

  • G.R. No. 45821 April 12, 1939 - SOCONY-VACUUM CORPORATION v. LEON C. MIRAFLORES

    067 Phil 304

  • G.R. No. 45899 April 12, 1939 - RAYMUNDO VARGAS v. NIEVES TANCIOCO,, ET AL.

    067 Phil 308

  • G.R. No. 45405 April 13, 1939 - IN RE: ANTONIO FRANCO

    067 Phil 312

  • G.R. No. 45529 April 13, 1939 - VENANCIO QUEBLAR v. LEONARDO GARDUÑO

    067 Phil 316

  • G.R. No. 46428 April 13, 1939 - PEOPLE OF THE PHIL. v. IRINEO TUMLOS

    067 Phil 320

  • G.R. No. 45253 April 14, 1939 - FIDELITY AND SURETY COMPANY OF THE PHIL. v. ISABELO G. SANCHEZ, ET AL.

    067 Phil 323

  • G.R. No. 45310 April 14, 1939 - MARCOS J. ROTEA v. FRANCISCA DELUPIO

    067 Phil 330

  • G.R. No. 45400 April 14, 1939 - MARCIANA LUNASCO v. VETERANS ADMINISTRATION

    067 Phil 333

  • G.R. No. 45536 April 14, 1939 - PEDRO AMANTE v. SERAFIN P. HILADO

    067 Phil 338

  • G.R. No. 45601 April 14, 1939 - TAVERA-LUNA v. MARIANO NABLE

    067 Phil 340

  • G.R. No. 45687 April 14, 1939 - CARIDAD ESTATE OF CAVITE, INC. v. VICENTE AVILA

    067 Phil 345

  • G.R. No. 45931 April 14, 1939 - URBANO SERRANO v. VICENTE DE LA CRUZ

    067 Phil 348

  • G.R. No. 45340 April 15, 1939 - MARCELA BALLESTEROS v. VETERANS ADMINISTRATION

    067 Phil 351

  • G.R. No. 45430 April 15, 1939 - TERESA GARCIA v. LUISA GARCIA, ET AL.

    067 Phil 353

  • G.R. No. 45643 April 16, 1939 - RAYMUNDO CORDERO v. COURT OF FIRST INSTANCE OF LAGUNA, Respondents.

    067 Phil 358

  • G.R. No. 45576 April 19, 1939 - MAXIMIANO FUENTES v. JUSTICE OF THE PEACE OF PILA, LAGUNA, ET AL.

    067 Phil 364

  • G.R. No. 45248 April 18, 1939 - VICENTE REYES VILLAVICENCIO v. SANTIAGO QUINIO

    067 Phil 367

  • G.R. No. 45418 April 18, 1939 - AMBROSIO RAMOS, ET AL. v. H. A. GIBBON, ET AL.

    067 Phil 371

  • G.R. No. 45701 April 18, 1939 - TIRSO GARCIA v. TY CAMCO SOBRINO

    067 Phil 384

  • G.R. No. 45721 April 18, 1939 - MELCHOR LAMPREA v. DIRECTOR OF LANDS, ET AL.

    067 Phil 388

  • G.R. No. 45803 April 18, 1939 - VICENTA C. VDA. DE GUIDOTE v. BANK OF THE PHILIPPINE ISLANDS

    067 Phil 391

  • G.R. No. 45923 Abril 18, 1939 - CHOA FUN v. EL SECRETARIO DEL TRABAJO

    067 Phil 394

  • G.R. No. 46015 April 18, 1939 - LIBERATO JIMENEZ v. INES DE CASTRO, ET AL.

    067 Phil 398

  • G.R. No. 46043 April 18, 1939 - TERESA LANDRITO, ET AL. v. RICARDO GONZALEZ, ET AL.

    067 Phil 401

  • G.R. No. 46134 April 18, 1939 - NICOLASA DE GUZMAN v. ANGELA LIMCOLIOC

    067 Phil 404

  • G.R. No. 46317 April 18, 1939 - JUSTO QUIMING v. MARIANO L. DE LA ROSA

    067 Phil 406

  • G.R. No. 45290 April 19, 1939 - GOVERNMENT OF THE PHIL. v. PAULA MERCADO

    067 Phil 409

  • G.R. No. 45126 April 19, 1939 - DIRECTOR OF LANDS v. ALBINO PANUNCIO

    067 Phil 414

  • G.R. No. 45166 April 19, 1939 - LEON C. VIARDO v. GALICANO GUTIERREZ

    067 Phil 416

  • G.R. No. 45190 April 19, 1939 - PEOPLE OF THE PHIL. v. ANTONIO APAREJADO, ET AL.

    067 Phil 418

  • G.R. No. 45531 April 19, 1939 - FRED OMNAS, ET AL. v. PABLO S. RIVERA

    067 Phil 419

  • G.R. No. 46002 April 19, 1939 - SALVACION RIOSA v. STILIANOPULOS, INC.

    067 Phil 422

  • G.R. No. 45715 April 20, 1939 - PEOPLE OF THE PHIL. v. REMIGIO OLIVERIA

    067 Phil 427

  • G.R. No. 45934 April 20, 1939 - FORTUNATO DIAZ v. PEOPLE OF THE PHIL.

    067 Phil 432

  • G.R. No. 45980 April 20, 1939 - MARIA MARTINEZ v. YEK TONG LIN FIRE & MARINE INSURANCE CO.

    067 Phil 436

  • G.R. No. 45493 April 21, 1939 - GERARDO GARCIA v. ANGEL SUAREZ

    067 Phil 441

  • G.R. No. 45595 April 21, 1939 - JUAN POSADAS, ET AL. v. GO HAP, ET AL.

    067 Phil 446

  • G.R. No. 46046 April 21, 1939 - PROCOPIO GAQUIT v. DOROTEO CONUI

    067 Phil 449

  • G.R. No. 46570 April 21, 1939 - JOSE D. VILLENA v. SECRETARY OF THE INTERIOR

    067 Phil 451

  • G.R. No. 45449 April 22, 1939 - TOMAS S. OCEJO v. CONSUL GENERAL OF SPAIN

    067 Phil 475

  • G.R. No. 46330 April 22, 1939 - IRENEO ABAD SANTOS, ET AL. v. PROVINCE OF TARLAC, ET AL.

    067 Phil 480

  • G.R. No. 45413 April 24, 1939 - LA YEBANA, CO., INC. v. JULIO L. VALENZUELA, ET AL.

    067 Phil 482

  • G.R. No. 45666 April 24, 1939 - ALFREDO VALENZUELA v. PEOPLE OF THE PHIL.

    067 Phil 490

  • G.R. No. 45978 April 24, 1939 - MIGUELA ELEAZAR v. EUSEBIO ELEAZAR

    067 Phil 497

  • G.R. No. 46029 April 24, 1939 - NATIONAL LOAN AND INVESTMENT BOARD v. LUIS MENESES

    067 Phil 498

  • G.R. No. 45369 April 25, 1939 - ISABELA SUGAR CO., INC. v. ALFFREDO L. YATCO

    067 Phil 500

  • G.R. No. 45544 April 25, 1939 - COLLECTOR OF INTERNAL REVENUE v. LORENZO ECHARRI

    067 Phil 502

  • G.R. No. 45624 April 25, 1939 - GEORGE LITTON v. HILL & CERON, ET AL.

    067 Phil 509

  • G.R. No. 45739 April 26, 1939 - PEOPLE OF THE PHIL. v. SOTERO PEJI BAUTISTA

    067 Phil 518

  • G.R. No. 45755 April 25, 1939 - ASUNCION ABAD v. AMANDO AQUINO

    067 Phil 526

  • G.R. No. 45964 April 26, 1939 - PEOPLE OF THE PHIL. v. RESTITURO FALLER

    067 Phil 529

  • G.R. No. 46035 April 25, 1939 - DIRECTOR OF LANDS v. PHILIPPINE NATIONAL BANK, ET AL.

    067 Phil 531

  • G.R. No. 46260 April 26, 1939 - PABLO TAMAYO v. FRANCISCO E. JOSE, ET AL.

    067 Phil 536

  • G.R. No. 46356 April 25, 1939 - FRUCTUOSA VELASCO VDA. DE TALAVERA v. CORRECTIONAL INSTITUTION FOR WOMEN

    067 Phil 538

  • G.R. No. 45403 April 26, 1939 - NATIONAL CITY BANK OF NEW YORK v. NEW YORK TONG LIN & MARINE INSURANCE COMPANY

    067 Phil 544

  • G.R. No. 45519 April 26, 1939 - RUFINA SALAO, ET AL. v. TEOFILO C. SANTOS, ET AL.

    067 Phil 547

  • G.R. No. 45521 April 26, 1939 - JOSE MORENO, ET AL. v. BONIFACIO SAN MATEO, ET AL.

    067 Phil 551

  • G.R. No. 45598 April 26, 1939 - TAN PHO v. HASSAMAL DALAMAL

    067 Phil 555

  • G.R. No. 45614 April 26, 1939 - NORBERTO FORDAN v. ANTONIO LUZON

    067 Phil 559

  • G.R. No. 45662 April 26, 1939 - ENRIQUE CLEMENTE v. DIONISIO GALVAN

    067 Phil 565

  • G.R. No. 46366 April 26, 1939 - PHILIPPINE NATIONAL BANK v. PARDO Y ROBLES HERMANOS, ET AI. .

    067 Phil 570

  • G.R. No. 46492 April 26, 1939 - RAMON SOTELO v. ARSENIO P. DIZON, ET AL.

    067 Phil 573

  • G.R. No. 45173 April 27, 1939 - RED LINE TRANSPORTATION CO., INC. v. BACHRACH MOTOR COMPANY, INC.

    067 Phil 577

  • G.R. No. 45359 April 27, 1939 - JACINTO M. DEL SAZ OROZCO, ET AL. v. SALVADOR ARANETA

    067 Phil 591

  • G.R. No. 45506 April 27, 1939 - FORTUNATO MANZANERO v. REMEDIOS BONGON

    067 Phil 595

  • G.R. No. 45508 April 27, 1939 - SEGUNDA DEVEZA v. ERIBERTO BALMEO, ET AL.

    067 Phil 603

  • G.R. No. 45534 April 27, 1939 - JOSEFA RIZAL MERCADO, ET AL. v. ALFREDO HIDALGO REAL

    067 Phil 608

  • G.R. No. 45694 April 27, 1939 - FRANCISCO YATCO v. EL HOGAR FILIPINO

    067 Phil 610

  • G.R. No. 45724 April 27, 1939 - IGNACIO DE GUZMAN, ET AL. v. TEODORO IBEA, ET AL.

    067 Phil 633

  • G.R. No. 45741 April 27, 1939 - F. Y A. GARCIA DIEGO v. GLORIA DE ANTONIO, ET AL.

    067 Phil 637

  • G.R. No. 45185 April 28, 1939 - GOVERNMENT OF THE PHIL. v. SALUD ALDEGUER VIUDA DE ROMERO SALAS

    067 Phil 643

  • G.R. No. 45464 April 28, 1939 - JOSUE SONCUYA v. CARMEN DE LUNA

    067 Phil 646

  • G.R. No. 45625 April 28, 1939 - MARGARITA VILLANUEVA v. JUAN SANTOS

    067 Phil 648

  • G.R. No. 45761 April 28, 1939 - JULIA DEL ROSARIO, ET AL. v. ANTONIO DEL ROSARIO, ET AL.

    067 Phil 652

  • G.R. No. 45266 April 29, 1939 - SIMEON RAEL v. PROVINCIAL GOVERNMENT OF RIZAL

    067 Phil 654

  • G.R. No. 45410 April 29, 1939 - MACONDRAY & CO., INC. v. JOSE BERNABE

    067 Phil 658

  • G.R. No. 45412 April 29, 1939 - COSME CARLOS, ET AL. v. COSME CARLOS

    067 Phil 662

  • G.R. No. 45425 April 29, 1939 - JOSE GATCHALIAN v. COLLECTOR OF INTERNAL REVENUE

    067 Phil 666

  • G.R. No. 45479 April 29, 1939 - FELIX ATACADOR v. HILARION SILAYAN

    067 Phil 674

  • G.R. No. 45597 April 29, 1939 - MACARIA PASCUAL v. LORENZA RAMIREZ, ET AL.

    067 Phil 678

  • G.R. No. 45965 April 29, 1939 - AMPARO GONZALEZ, ET AL. v. PRIMITIVO TRINIDAD, ET AL.

    067 Phil 682

  • G.R. No. 46003 April 29, 1939 - SIXTO DE LA COSTA, ET AL. v. BONIFACIO CLEOFAS

    067 Phil 686

  • G.R. No. 46026 April 29, 1939 - JESUSA PORTILLO-RIVERA v. STRACHAN, MACMURRAY & CO., LTD.

    067 Phil 694

  • G.R. No. 46604 April 29, 1939 - FRANCISCO MORFE, ET AL. v. JUSTICE OF THE PEACE OF CALOOCAN, ET AL.

    067 Phil 696

  •  





     
     

    G.R. No. 45413   April 24, 1939 - LA YEBANA, CO., INC. v. JULIO L. VALENZUELA, ET AL. <br /><br />067 Phil 482

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 45413. April 24, 1939.]

    LA YEBANA, CO., INC., Plaintiff-Appellee, v. JULIO L. VALENZUELA, BONIFACIA M. DE VALENZUELA and RUFINO VALENZUELA, Defendants. RUFINO VALENZUELA, Appellant.

    Payawal, Osorio & Mendoza for Appellant.

    Francisco Claravall for Appellee.

    No appearance for other parties.

    SYLLABUS


    1. SURETYSHIP AND GUARANTY; PACTS, CLAUSES AND CONDITIONS IN A BOND; SOLIDARY GUARANTORS. — It is not contrary to law, to morals or public order that the parties to a bond make agreements, clauses and conditions of the nature of those appearing in Exhibit A (art. 1255, Civil Code). And if the guarantor binds himself solidarily with the principal debtor to pay the latter’s debt to his creditor, he cannot and should not complain that the creditor should thereafter proceed against him to collect his credit. This is because the creditor may proceed against any one of the solidary debtors or against all of them simultaneously, the fact that an action had been instituted of that payment had been enforced against one of them not being a bar thereto so long as there remains a balance to collect (art. 1144, Civil Code).

    2. ID.; ID.; ID. — This is also true with respect to the solidary guarantors because under the law, the very fact that they are such solidary guarantors makes them as principally liable as the principal debtors themselves. By the contract of surety ship and guarantee, the law says, one binds himself to pay or perform for another in case the latter does not do so; and if the guarantor binds himself solidarily with the principal debtor, the rule to be observed is that set forth in article 1114 of said Code.

    3. ID.; ID.; ID.; DELAY IN BRINGING AN ACTION. — The failure of the appellee to take prompt action against J. L. V. upon knowing that he had overdrawn his accounts and to inform the appellant of said fact so as to give him an opportunity to proceed against said J. L. V., does not amount to granting him an extension in the sense intended by article 1851 of the Civil Code, which says: "An extension granted the debtor by the creditor without the consent of the guarantor, extinguishes the guarantee," because the fact is that such extension, which must be more or less express before it may assume the nature of a novation, has not been granted him. Furthermore, as has been held in various cases, the mere fact of not taking action against a debtor for the collection of a credit for which he must answer, as soon as the obligation becomes due, does not constitute an extension for the fulfillment of said obligation.


    D E C I S I O N


    DIAZ, J.:


    The appeal which led to the elevation of the present case to this court is from the judgment of the Court of First Instance of Bulacan, the dispositive part of which reads as follows:jgc:chanrobles.com.ph

    "In view of all the foregoing, the court renders judgment sentencing the defendants Julio L. Valenzuela and Rufino Valenzuela jointly and severally to pay plaintiff the sum of P1,000 within the period of ninety days, and should they fail to do so the mortgaged property described in Exhibit A shall be sold at public auction and the proceeds therefrom applied to the payment of the aforecited sum.

    "The defendant Julio Valenzuela is further sentenced to pay plaintiff the sum of P3,254.64 representing the balance of his debt not covered by the security given by defendant Rufino Valenzuela, and the costs of the suit." Defendant Rufino Valenzuela interposed said appeal with a view to having the aforementioned judgment reversed.

    To arrive at the conclusion which prompted it to render the judgment appealed from the lower court took into account the facts admitted by the parties according to a stipulation which they submitted during trial.

    Said stipulation states that Julio L. Valenzuela was made a sales agent of the products of the appellee, La Yebana Co., Inc. His obligation as such, during the consistence of the relation between the two as agent and principal, consisted in selling the products of the aforementioned company which the latter would deliver to him from time to time upon his request, answering for the value of said products, rendering accounts of the sales, delivering the proceeds thereof, and returning to said Company the products which he may have been unable to sell. To guarantee the faithful performance of this obligation, Julio L. Valenzuela executed a bond of P1,000 on December 1, 1931, and signed Exhibit A which is the document embodying said obligation, jointly with the appellant. After the execution of said bond and by virtue of the terms thereof, the appellee delivered to Julio L. Valenzuela, upon his request, goods and merchandise to be sold him under the conditions hereinbefore mentioned. Upon liquidation of his accounts on July 30, 1935, it was found that Julio L. Valenzuela owed the appellee P6,254.64 As the bond which he had executed with the appellant to answer for his obligation was not sufficient, he was asked to give another security to which he consented. executing for that purpose on the same day, jointly with his wife, Bonifacia Mercado de Valenzuela, the deed of mortgage Exhibit B whereby the two encumbered in favor of the appellee their house on F. Jocson Street No. 74, Interior, in Sampaloc district, Manila, valued at P2,000 Still later they ceded the mortgaged house to the appellee inpartial payment of the obligation of the husband, there reducing said indebtedness to P4,254.61. After some time Julio L. Valenzuela, his wife and the appellant were asked to pay this balance, the appellee demanding of the appellee that he pay P1,000 of said balance in accordance with the terms of their aforesaid bond Exhibit A. . Not having than so, the appellee commenced this case in the lower court with the result adverted to in the beginning.

    In support of his appeal, the appellant contends that the lower court erred (a) in not finding that the execution by the spouses Julio L. Valenzuela and Bonifacia Mercado in favor of the appellee of the deed of mortgage Exhibit B, which took place on July 30, 1935, without his consent or knowledge, had the effect of extinguishing his liability as surety; (b) in not likewise finding that the failure of the appellee to take prompt action against Julio L. Valenzuela upon knowing that said defendant had overdrawn his accounts, operated to grant him more time to straighten them without his (appellant’s) consent and immediately had the effect also of extinguishing his obligation as such surety; and (c) in sentencing him, jointly and severally with Julio L. Valenzuela, to pay the appellee the sum of P1,000.

    The questions raised by the appellant may be easily resolved by examining and knowing the terms of his bond Exhibit A. . They are as follows:jgc:chanrobles.com.ph

    "Know all men by these presents:jgc:chanrobles.com.ph

    "That we, Julio L. Valenzuela, of legal age, married and residing at No. 132 Mangahan, Sampaloc, Manila, as principal, and Rufino Valenzuela, of legal age, widower, and residing at Malolos, Bulacan, as surety, hereby bind ourselves to ’La Yebana Co., Inc.’, a corporation duly organized under the laws of the Philippine Islands with its principal office in the City of Manila and hereafter known as the Corporation, in the total sum of one thousand pesos (P1,000), Philippine currency, for the due payment of which we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents.

    "Whereas, said principal is a sales agent of the Corporation and as such received and may from time to time in the future receive from said Corporation all goods, merchandise and articles for the purpose of selling them under the duty of returning to said Corporation said goods and merchandise as have not been sold and answering for the value of said merchandise and effects; and

    "Whereas, the said surety Rufino Valenzuela is the real owner of real property, located in the barrio of Catmon, municipality of Malolos, Province of Bulacan, Philippine Islands, the description of which is as follows:jgc:chanrobles.com.ph

    "‘A parcel of land (lot No. 2379 of the cadastral survey of Malolos), with its improvements, situated in the municipality of Malolos. Bounded on the NE. by the Sapang Catmon; on the SW. by lot No. 2380; and on the NW. by0 lot No. 8224. Beginning at a point marked 1 on plan, being S. 20 deg. 09’ E., 1018.76 m. from B. B. M. No. 23; thence W. 24 deg. 28’ E., 40.17 m. to point 2; thence S. 21 deg. 56’ E., 1323 m. to point 3; thence S. 6 deg. 28’ E., 33.50 m. to point 4; thence N. 70 deg. 27’ W., 26.89 m. to the point of beginning; containing an area of five hundred and ninety-seven square meters, more or less. All points referred to are indicated on the plan; bearings true; declination 0 deg. 30’ E., date of survey, May 1921-November 1922; segun consta en el certificado original de titulo No. 4153 de la Provincia de Bulacan. Valor amillarado en P2,685.00.’

    "And said surety by these presents binds himself that said property with all its improvements shall answer as guarantee for the faithful and exact compliance with the obligations of the sales agent as they appear in said exhibit. Said surety agrees that during the whole period this contract is in force and before any breach thereof, all the real estate taxes which encumber the same shall be paid. He likewise binds himself not to allow that said property or any part thereof be mortgaged or otherwise alienated without the previous written consent of the corporation.

    "Wherefore, the conditions of this obligation of suretyship are that if said principal complies well and faithfully with all his obligations in this contract, remitting or delivering to said Corporation all the money which represents the value of said goods as above stipulated, this guaranty shall be null and void; otherwise, it will be enforced in accordance with law.

    "It is further agreed that the efficacy and force of this contract shall not be affected by the acceptance of other guaranties nor by any law or extension for the fulfillment of any obligation herein contracted, said surety hereby making express renunciation of any right or benefit granted by law.

    "In testimony whereof, we sign these presents this 7th of December, A. D. 1931, in the City of Manila, Philippine Islands.

    (Sgd.) "RUFINO VALENZUELA

    "Surety

    (Sgd.) "JULIO L. VALENZUELA

    "Principal

    "Signed in the presence of:chanrob1es virtual 1aw library

    (Sgd.) "MANUEL ARCEO

    "Witness

    (Sgd.) "MIGUEL B. SAMPANA

    "Witness

    " (The ratification clause and the annotation of said bond in the Registry of Property of Bulacan have been omitted.)"

    It will be noted that the parties who executed the said bond, Julio L. Valenzuela and the appellant, expressly agreed with the appellee that the efficacy thereof could not be affected by the latter’s acceptance of other guaranties to secure the faithful compliance by Julio L. Valenzuela with his obligations as sales agent, nor by any extension which the Corporation might grant him to pay his obligation. It will be further noted that the liability of the appellant, under the said bond, is not merely subsidiary or secondary, but joint and several and as primary as that of Julio L. Valenzuela himself. It is not contrary to law, to morals or public order that the parties to a bond make agreements, clauses and conditions of the nature of those appearing in Exhibit A (art. 1255, Civil Code). And if, as in the case now before us, the guarantor binds himself solidarily with the principal debtor to pay the latter’s debt to his creditor, he cannot and should not complain that the creditor should thereafter proceed against him to collect its credit. This is because the creditor may proceed against any one of the solidary debtors or against all of them simultaneously, the fact that an action had been instituted or that payment had been enforced against one of them not being a bar thereto so long as there remains a balance to collect (art. 1144, Civil Code). This is also true with respect to the solidary guarantors because under the law, the very fact that they are such solidary guarantors makes them as principally liable as the principal debtors themselves. By the contract of suretyship and guarantee, the law says, one binds himself to pay or perform for another in case the latter does not do so; and if the guarantor binds himself solidarily with the principal debtor, the rule to be observed is that set forth in article 1144 of the said Code. (Chinese Chamber of Commerce v. Pua Te Ching, 16 Phil., 406; Inchausti & Co. v. Yulo, 34 Phil., 978; Jaucian v. Querol, 38 Phil., 707; U. S. v. Varadero de la Quinta, 40 Phil., 48; Castellvi de Higgins and Higgins v. Sellner, 41 Phil., 142; Clark v. Sellner, 42 Phil., 384; Bank of the Philippine Islands v. Albaladejo y Cia., 53 Phil., 141.)

    The failure of the appellee to take prompt action against Julio L. Valenzuela upon knowing that he had overdrawn his accounts and to inform the appellant of said fact so as to give him an opportunity to proceed against him, is not tantamount to granting him an extension in the sense intended by article 1851 of the Civil Code, which says: "An extension granted the debtor by the creditor without the consent of the guarantor, extinguishes the guarantee" because the fact is that such extension, which must be more or less express before it may assume the nature of a novation, has not been granted him. Furthermore, as has been held in various cases, the mere fact of not taking action against a debtor for the collection of a credit for which he must answer, as soon as the obligation becomes due, does not constitute an extension for the fulfillment of said obligation. (Banco Español Filipino v. Donaldson, Sim & Co., 5 Phil., 418; Hijos de I. de la Rama v. Estate of Benedicto, 5 Phil., 512; Hongkong & Shanghai Banking Corporation v. Aldecoa & Co., 30 Phil., 255.) On the other hand, there is nothing in the bond Exhibit A to show that the products or goods which the appellee could deliver to Julio L. Valenzuela should not exceed P1,000 as this was only the amount of the bond. What appears therein is that the appellee did not want to demand a bond of more than P1,000 to answer for the payment of the products or goods which, being of that value, it was to deliver to Julio L. Valenzuela without limiting in any manner the amount of said products and goods. It reserved its right to give him more, or less, this being deducible not only from the second paragraph of the deed of suretyship, but also from the third in which appears the agreement of those who executed the same — among them the appellant — to the effect that the appellee might require and accept other guaranties from the principal debtor.

    The appellant’s reason for contending that the sureties are released from their obligation if by any act of the creditor they cannot thereafter be subrogated to the rights, mortgages and privileges pertaining to him, according to article 1852 of the Civil Code, has been practically answered. If, however, the foregoing considerations are not yet sufficient to resolve the question, what Falcon, commenting on the article referred to, said may and should be added thereto: "This will happen when the creditor voluntarily cancels a mortgage constituted in his favor, freely renounces some benefit to which the law entitles him, or performs any other similar act by virtue of which the enforcement of the credit is made more difficult, the conditions thereof being changed." (Falcon, Doctrinal Exposition of the Spanish Civil Law, volume 4, page 457); and surely nothing of the kind was done, by the appellee.

    In conclusion, we find that the errors attributed by appellant to the lower court do not exist and his appeal is not well-taken.

    Wherefore, the judgment appealed from is affirmed, with costs against the appellant. So ordered.

    Avanceña, C.J., Villa-Real, Imperial, Laurel, Concepcion and Moran, JJ., concur.

    G.R. No. 45413   April 24, 1939 - LA YEBANA, CO., INC. v. JULIO L. VALENZUELA, ET AL. <br /><br />067 Phil 482


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