Saturday, February 13, 2010

Reyes vs Martinez, G.R. No. L-32226, December 29, 1930

Facts: This action was instituted on March 18, 1927, in the Court of First Instance of the Province of Laguna by Estanislao Reyes against the Martinez heirs upon four several causes of action in which the plaintiff seeks, first, to recover five parcels of land, containing approximately one thousand coconut trees and to obtain a declaration of ownership in his own favor as against the defendants with respect to said parcels; secondly, to recover from the defendants the sum of P9,377.50, being the alleged proceeds of some 1,860 coconut trees which, prior to July 31, 1926, had been applied to the benefit of said defendants; thirdly, to recover from the defendants the sum of P43,000, as the alleged value of the proceeds of the lands involved in the receivership in the case of Martinez vs. Graño, G. R. No. 27685, to which the plaintiff supposes himself to be entitled, but which have gone, so he claims, to the benefit of the defendants in said receivership; and fourthly, to recover the sum of P10,000 from the defendants as damages resulting from their improper meddling in the administration of the receivership property. From this judgment both parties appealed.

Issue: Whether or not the claim of the dependant can be conceded.

Held: In view of the conclusion reached in Martinez vs. Graño (51 Phil., 287), as well as in view of the solution reached in the case now before us, the claim of the defendants, as appellants, to the interest on the sum of P8,000 from July 31, 1926, cannot be conceded, as the judgment itself bears interest at the lawful rate from the date the same was rendered.


No comments:

Post a Comment