Monday, February 8, 2010

Floriano vs Delgado, 11 Phil 154, August 27, 1908

Facts: On February 17, 1907, Floriano filed a complaint against Delgado and Bertumen, alleging that the latter were indebted to the plaintiff in the sum of P1,352.80, who engaged to pay it together with interest at the rate of ten percent per annum, as appears in their promissory note on January 20, 1907. The said amount was not paid, not withstanding demand. Thus constitute this case.

Issue: Whether or not the obligation contracted by both parties are pure obligation.

Held: Yes. In accordance with the old laws in force in the Islands prior to the enactment of the present Civil Code, when an obligation is pure, simple and unconditional and no particular day has been fixed for its fulfillment payment payment of the same may be demanded ten days after it is contracted.

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