digested by Ms. Iola Vianka Pinon
Facts: A judgment was rendered by the CFI against the defendant. While there was a pending appeal to the Supreme Court, the defendant through a letter to the plaintiff tendered payment for the sum of P5,933.30 with accrued interest, he also stated that he formally accrued interest subsequent to the date of his letter. The judgment of the lower court was favorable to the Plaintiff with a larger amount, so the latter ignored the defendant's letter. But the said decision was reversed and the defendant was ordered to pay the amount mentioned in his letter which he deposited over a year after his letter tendering payment to the clerk of court.
Issue: Whether or not the defendant was relieved from payng further interests from the date of his letter.
Held: The stipulated interest should accrue, and be payable up to the date on which the principal is paid. The reason for this is that the tender of payment did not have the effect of suspending the interest and its accumulation under the provision of Article 1256 of the Civil Code.
Facts: A judgment was rendered by the CFI against the defendant. While there was a pending appeal to the Supreme Court, the defendant through a letter to the plaintiff tendered payment for the sum of P5,933.30 with accrued interest, he also stated that he formally accrued interest subsequent to the date of his letter. The judgment of the lower court was favorable to the Plaintiff with a larger amount, so the latter ignored the defendant's letter. But the said decision was reversed and the defendant was ordered to pay the amount mentioned in his letter which he deposited over a year after his letter tendering payment to the clerk of court.
Issue: Whether or not the defendant was relieved from payng further interests from the date of his letter.
Held: The stipulated interest should accrue, and be payable up to the date on which the principal is paid. The reason for this is that the tender of payment did not have the effect of suspending the interest and its accumulation under the provision of Article 1256 of the Civil Code.
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