Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1960 > January 1960 Decisions > G.R. No. L-12692 January 30, 1960 - COSMIC LUMBER COMPANY, INC. v. AGAPITA MANAOIS

106 Phil 1015:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-12692 January 30, 1960.]

COSMIC LUMBER COMPANY, INC., Plaintiff-Appellee, v. AGAPITA MANAOIS, Defendant-Appellant.

Primicias & Del Castillo for Appellee.

José Rivera for Appellant.


SYLLABUS


OBLIGATIONS AND CONTRACTS; WHEN COURT MAY FIX A PERIOD. — Where in a contract of sale on credit no time for payment of the obligation was stipulated or fixed by the parties, and from the nature and the circumstances of the obligation it can be inferred that a period was intended, the Court may fix the period for payment pursuant to article 1197 of the New Civil Code.


D E C I S I O N


PADILLA, J.:


The defendant’s appeal from a judgment of the Court of First Instance of Pangasinan, Fourth Branch, ordering her to pay the plaintiff the sum of P4,147.74, lawful interest thereon from 24 March 1954 when the original complaint was filed until fully paid (civil case No. 12902), was certified by the Court of Appeals to this Court for it involves only a question of law.

As agreed upon by the parties, the facts are: On different dates from 10 November 1952 to 30 June 1953 the appellant bought, took delivery and received from the appellee hardware goods, lumber and construction materials valued at the total sum of P12,127.57 (par. 1, stipulation of facts; Exhibits A to Z; AA to OO), and from 4 November 1952 to 10 March 1954 the appellant paid the appellee the total sum of P6,979.83 which the latter credited to the former’s account (par. 3, stipulation of facts; Exhibits PP, PP-1, QQ, QQ-1 to QQ-2). On 23 December 1954, after the original complaint had been filed by the appellee (24 March 1954), the appellant paid the appellee the sum of P1,000 which the latter also credited to the former’s account (par. 6, stipulation of facts), thereby reducing her total indebtedness to P4,147.74.

The appellant does not deny that she received the wares and materials listed in the invoices (Exhibits A to Z and AA to OO), and that she is still indebted to the appellee in the sum of P4,147.74. At the hearing of the case on 4 June 1956, her counsel withdrew the objection (filed earlier during the day) to the items listed in some of the invoices (Minutes of the session of 4 June 1956). However, she argues that as no time for payment was stipulated or fixed and from the nature and the circumstances of the obligation it could be inferred that a period was intended, the Court should fix the period for payment pursuant to article 1197 of the new Civil Code.

The parties entered into a contract of sale on credit. In the invoices (Exhibits A to Z and AA to OO) of the wares and materials sold and delivered to the appellant, the words "credit sales" appear and it is stated that —

All civil actions on this contract shall be instituted in the courts of the City of Dagupan and it is hereby agreed that all my/our purchases from this Company are payable in the said City of Dagupan. It is agreed that if this bill is not paid within . . . . . . . days from date hereof I/we will pay interest at the rate of 10 per centum per annum on all overdue accounts. The buyer hereby agrees to pay any and all attorney’s fees and court costs should the seller institute legal action. Goods travel at buyer’s risk. No claim of whatsoever nature will be considered after 24 hours from date of delivery.

The parties intended to fix a period for payment of the appellant’s obligation but failed to do so. Under article 1197 of the new Civil Code, the Court may fix it. Taking into consideration that from 10 November 1952, the first sale, and 30 June 1953, the last sale, to the present, more than six and nearly seven years already have elapsed, the appellant who does not deny her obligation must be ordered to pay the appellee the amount she still owes it within fifteen (15) days from the date the judgment shall have become final.

With the slight modification just mentioned, the judgment appealed from is affirmed, with costs against the Appellant.

Paras, C.J., Bengzon, Montemayor, Bautista Angelo, Labrador, Concepción, Reyes, J. B. L., Endencia, Barrera and Gutiérrez David, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-1960 Jurisprudence                 

  • G.R. No. L-16413 January 26, 1960 - EMILIO C. SANTOS v. COMMISSION ON ELECTIONS

    106 Phil 877

  • G.R. No. L-10854 January 27, 1960 - MANILA POLO CLUB v. BIBIANO L. MEER

    106 Phil 885

  • G.R. Nos. L-12091 & L-12092 January 28, 1960 - PEOPLE OF THE PHIL. v. LIM HO

    106 Phil 887

  • G.R. No. L-9075 January 29, 1960 - S. V. S. PICTURES, INC. v. COURT OF APPEALS

    106 Phil 897

  • G.R. No. L-12476 January 29, 1960 - COLLECTOR OF INTERNAL REVENUE v. ANGLO CALIFORNIA NATIONAL BANK

    106 Phil 903

  • G.R. No. L-12573 January 29, 1960 - PAULINA DURAN v. BERNARDINO PAGARIGAN

    106 Phil 907

  • G.R. Nos. L-12614 & L-12615. January 29, 1960 - JUAN ESTELLA, ET., AL. v. REGISTER OF DEEDS OF RIZAL

    106 Phil 911

  • G.R. No. L-12981 January 29, 1960 - IN RE: MARCIANO DEETUANKA v. REPUBLIC OF THE PHIL.

    106 Phil 916

  • G.R. No. L-13194 January 29, 1960 - BUENAVENTURA T. SALDAÑA v. PHILIPPINE GUARANTY CO., INC.

    106 Phil 919

  • G.R. No. L-13489 January 29, 1960 - BANK OF THE PHILIPPINE ISLANDS v. JOSE J. GONZALES

    106 Phil 925

  • G.R. No. L-13536 January 29, 1960 - ADRIANO VALDEZ v. RODRIGO OCUMEN

    106 Phil 929

  • G.R. No. L-13956 January 29, 1960 - ROMULO C. NICOLAS v. FULGENCIO DACARA

    106 Phil 934

  • G.R. No. L-14027 January 29, 1960 - LIBERTAD ALTAVAS CONLU v. COURT OF APPEALS

    106 Phil 940

  • G.R. No. L-14306 January 29, 1960 - PABLO CALION v. PEOPLE OF THE PHIL.

    106 Phil 943

  • G.R. No. L-14341 January 29, 1960 - MARCIANO SONGAHID v. BENITO CINCO

    106 Phil 946

  • G.R. No. L-14359 January 29, 1960 - IN RE: SALVADORA ONG v. REPUBLIC OF THE PHIL.

    106 Phil 950

  • G.R. No. L-16360 January 29, 1960 - FILEMON SALCEDO, JR. v. COMMISSION ON ELECTIONS

    106 Phil 953

  • G.R. No. L-6406 January 30, 1960 - PEOPLE OF THE PHIL. v. KUSAIN SAIK

    106 Phil 957

  • G.R. No. L-9483 January 30, 1960 - PEOPLE OF THE PHIL. v. ELIAS NANA

    106 Phil 966

  • G.R. No. L-11215 January 30, 1960 - PEOPLE OF THE PHIL. v. QUIRINO BALOYO

    106 Phil 972

  • G.R. No. L-11430 January 30, 1960 - PEOPLE OF THE PHIL. v. TOMAS ESTACIO

    106 Phil 981

  • G.R. No. L-11756 January 30, 1960 - JOSE B. GAMBOA v. MA- AO SUGAR CENTRAL CO., INC.

    106 Phil 989

  • G.R. No. L-11908 January 30, 1960 - FLORA CAMPANERO v. APOLONIO T. COLOMA

    106 Phil 993

  • G.R. No. L-12105 January 30, 1960 - TESTATE ESTATE OF C. O. BOHANAN v. MAGDALENA C. BOHANAN

    106 Phil 997

  • G.R. No. L-12280 January 30, 1960 - PEOPLE OF THE PHIL. v. PIO TEMPLONUEVO

    106 Phil 1003

  • G.R. No. L-12661 January 30, 1960 - PEOPLE OF THE PHIL. v. FRANCISCO ARANDA

    106 Phil 1008

  • G.R. No. L-12692 January 30, 1960 - COSMIC LUMBER COMPANY, INC. v. AGAPITA MANAOIS

    106 Phil 1015

  • G.R. No. L-12754 January 30, 1960 - ESTANISLAO ALFONSO v. PASAY CITY

    106 Phil 1017

  • G.R. No. L-13146 January 30, 1960 - VALENTIN CASTILLO v. ARTURO SAMONTE

    106 Phil 1023

  • G.R. No. L-13160 January 30, 1960 - BIENVENIDO NERA v. PAULINO GARCIA

    106 Phil 1031

  • G.R. No. L-13274 January 30, 1960 - REMEDIOS SACLOLO v. COURT OF AGRARIAN RELATIONS

    106 Phil 1038

  • G.R. No. L-13399 January 30, 1960 - ALBERTA VICENCIO v. GAVINO TUMALAD

    106 Phil 1042

  • G.R. No. L-13456 January 30, 1960 - IRINEO C. HAMOY v. SECRETARY OF AGRICULTURE

    106 Phil 1046

  • G.R. No. L-13488 January 30, 1960 - MAURO PRIETO v. HIGINIO B. MACADAEG

    106 Phil 1055

  • G.R. No. L-13551 January 30, 1960 - CONSTANCIO JOAQUIN v. ABUNDIO MADRID

    106 Phil 1060

  • G.R. No. L-13564 January 30, 1960 - ANDRES CENTENERA v. NICASIO YATCO

    106 Phil 1064

  • G.R. No. L-13764 January 30, 1960 - RAFAEL RUEDA v. MARCELO JUAN

    106 Phil 1069

  • G.R. No. L-13781 January 30, 1960 - Testate Estate of JOSE J. JAVELLANA v. JOSE JAVELLANA

    106 Phil 1073

  • G.R. No. L-14016 January 30, 1960 - ALFREDO FORMOSO v. DELFIN S. FLORES

    106 Phil 1079

  • G.R. Nos. L-14023 & L-14135 January 30, 1960 - TALISAY-SILAY MILLING CO., INC. v. COURT OF INDUSTRIAL RELATIONS

    106 Phil 1081

  • G.R. No. L-14047 January 30, 1960 - PRIMO PANTI v. PROVINCIAL BOARD OF CATANDUANES

    106 Phil 1093

  • G.R. No. L-14109 January 30, 1960 - NATIONAL LUMBER & HARDWARE CO. v. PEDRO J. VELASCO

    106 Phil 1099

  • G.R. No. L-14310 January 30, 1960 - MAURO PRIETO v. JUAN P. ENRIQUEZ

    106 Phil 1103

  • G.R. No. L-14327 January 30, 1960 - PEOPLE OF THE PHIL. v. BERNARDO BORJA

    106 Phil 1111

  • G.R. No. L-14373 January 30, 1960 - GENERAL INSURANCE & SURETY CORP. v. NG HUA

    106 Phil 1117

  • G.R. No. L-14375 January 30, 1960 - ANDRES CASTILLO v. FROILAN BAYONA

    106 Phil 1121

  • G.R. No. L-14535 January 30, 1960 - BENITO SYMACO v. PATERIO AQUINO

    106 Phil 1130

  • G.R. No. L-14674 January 30, 1960 - MELECIO R. DOMINGO v. JUDGE S. C. MOSCOSO

    106 Phil 1138

  • G.R. No. L-16286 January 30, 1960 - CESAR SAMSON v. NUMERIANO G. ESTENZO

    106 Phil 1140