Scribd Logo
Upload

Welcome to Scribd!

  • 385 views

    Hermosa Vs Longara

    Uploaded by

    reymond
    This case involved claims made by Epifanio M. Longara against the estate of Fernando Hermosa, Sr. for credit advances totaling over P18,000 made to Hermosa, his son, and grandson from 1932 to 1947. Longara argued the advances were to be paid back once Hermosa received funds from the sale of property in Spain. Hermosa's heirs contested, arguing the condition made the obligation void. The Court of Appeals and Supreme Court ruled the condition was not purely dependent on Hermosa's will, as the property sale also depended on a willing buyer, so the obligation was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Hermosa Vs Longara

    Uploaded by

    reymond
    385 views2 pages
    This case involved claims made by Epifanio M. Longara against the estate of Fernando Hermosa, Sr. for credit advances totaling over P18,000 made to Hermosa, his son, and grandson from 1932 to 1947. Longara argued the advances were to be paid back once Hermosa received funds from the sale of property in Spain. Hermosa's heirs contested, arguing the condition made the obligation void. The Court of Appeals and Supreme Court ruled the condition was not purely dependent on Hermosa's will, as the property sale also depended on a willing buyer, so the obligation was valid.

    Original Description:

    HERMOSA VS LONGARA GR No. L-5267, October 27, 1953

    Original Title

    Hermosa vs Longara

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involved claims made by Epifanio M. Longara against the estate of Fernando Hermosa, Sr. for credit advances totaling over P18,000 made to Hermosa, his son, and grandson from 1932 to 1947. Longara argued the advances were to be paid back once Hermosa received funds from the sale of property in Spain. Hermosa's heirs contested, arguing the condition made the obligation void. The Court of Appeals and Supreme Court ruled the condition was not purely dependent on Hermosa's will, as the property sale also depended on a willing buyer, so the obligation was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    385 views2 pages

    Hermosa Vs Longara

    Uploaded by

    reymond
    This case involved claims made by Epifanio M. Longara against the estate of Fernando Hermosa, Sr. for credit advances totaling over P18,000 made to Hermosa, his son, and grandson from 1932 to 1947. Longara argued the advances were to be paid back once Hermosa received funds from the sale of property in Spain. Hermosa's heirs contested, arguing the condition made the obligation void. The Court of Appeals and Supreme Court ruled the condition was not purely dependent on Hermosa's will, as the property sale also depended on a willing buyer, so the obligation was valid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    HERMOSA VS LONGARA

    GR No. L-5267, October 27, 1953


    FACTS:
    This is an appeal by way of certiorari against a decision of the Court of Appeals, fourth division, approving certain
    claims presented by Epifanio M. Longara against the testate estate of Fernando Hermosa, Sr. The claims are of three
    kinds, namely, P2,341.41 representing credit advances made to the intestate from 1932 to 1944, P12,924.12 made to his
    son Francisco Hermosa, and P3,772 made to his grandson, Fernando Hermosa, Jr. from 1945 to 1947, after the death of
    the intestate, which occurred in December, 1944. The claimant presented evidence and the Court of Appeals found, in
    accordance therewith, that the intestate had 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 receive funds derived
    from the sale of his property in Spain." Claimant had testified without opposition that the credit advances were to be
    "payable as soon as Fernando Hermosa, Sr.'s property in Spain was sold and he receive money derived from the sale."
    The Court of Appeals held that payment of the advances did not become due until the administratrix received the sum of
    P20,000 from the buyer of the property. Upon authorization of the probate court in October, 1947, and the same was
    paid for subsequently. The Claim was filed on October 2, 1948.
    ISSUE: Does said condition a potestative condition and thusly void and unenforceable?
    RULING:
    A careful consideration of the condition upon which payment of the sums advanced was made to depend, "as soon as he
    (intestate) receive funds derived from the sale of his property in Spain," discloses the fact that the condition in question
    does not depend exclusively upon the will of the debtor, but also upon other circumstances beyond his power or control.
    Cirumstances show that the intestate had already decided to sell his house lest he meant to fool his creditors. But in
    addition of the sale to him (the intestate-vendor), there were still other conditions that had no concur to effect the sale,
    mainly that of the presence of a buyer, ready, able and willing to purchase the property under the conditions demanded
    by the intestate. It is evident, therefore, that the condition of the obligation was not a purely protestative one, depending
    exclusively upon the will of the intestate, but a mixed one, depending partly upon the will of intestate and partly upon
    chance. The Supreme Court upheld the ruling of the lower courts.
    FACTS:
    Intestate Fernando Hermosa, Sr. asked for three (3) credit advances from respondent
    Epifanio M. Longara. Two (2) of said credit advances were made during his lifetime and in his
    favor and in his son while the last credit was made after his death and in favor of his grandson.
    Evidences show that said credits were asked by the intestate on condition that their payment
    should be made by him, as soon as he receives funds derived from the sale of his property in
    Spain.
    After the intestates death and upon authorization of the probate court, the administration
    of the intestates property, his wife, sold the property and the same was paid for subsequently. As
    a consequence, respondent filed an action for the payment of the aforesaid credits which was
    upheld by the lower court and by the Court of Appeals.
    However, the same was contested by herein petitioners, heirs of the intestate, on the ground
    that the obligation contracted by the intestate was subject to a condition exclusively dependent
    upon the will of the debtor condicion potestiva and therefore null and void, in accordance with
    article 1115 of the Old Civil Code.
    ISSUE:
    Whether or not the condition made in the obligation is a purely suspensive condition
    dependent or potestative upon the exclusive will of the debtor.
    RULING:
    NO, the condition of the obligation was that the payment was to be made as soon as he
    (obligor) receives funds from the sale of his property in Spain. The will to sell on the part of the
    debtor (intestate) was present in fact or presumed legally to exist although the price and other
    condition thereof were still within his discretion and final approval. But in addition to this

    acceptability of the sale to him (obligor), there were still other conditions that had to concur to
    effect the sale, mainly that of the presence of a buyer, ready, able and willing to purchase the
    property under the condition demanded by the vendor.

    You might also like