Monday, February 8, 2010

Hermosa vs Longara, G. R. No. L-5267, October 27, 1953

Facts: There are three kinds of claims occured after the death of the intestate in December, 1944. The claimant presented evidence and the CA found that the intestate has asked for the said credit advances for himself and for the members of his family "on condition that their payment should be made by Fernando Hermosa, Sr. as soon as he received funds derived from the sale of his property in Spain." CA held that payment of the advances did not become due until the administratrix recieved the sum of P20,000 from the buyer of the property. Upon authorization of the probate court in October, 1997. and the same was paid for subsequently. Thus constitute this appeal.

Issue: Whether the obligation contracted by the intestate was subject to a condition exclusively dependent upon the will of the debtor and therefore null and void.

Held:
The obligation contracted is a suspensive condition, upon the happening of which the obligation to pay is made dependent. And upon the happening of the condition, the debt became immediately due and demandable.

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