G.
R. no. L – 5515
Levy
Hermanos Vs. Pedro Paterno
Facts:
1.
Pedro
Paterno (defendant) executed a document in favor of Levy Hermanos (plaintiff), indicating
that a balance of P6,177.35 will be payable in partial payments.
2.
The defendant made several payments and later
claimed to establish the installment of P30.00 per month payment.
3.
The
plaintiff disagreed and brought suit and asked that he should be paid the sum
of P5,862.35 (unpaid balance) or that a period be specified within which he
should pay the same, in case the court should deem such manner of payment more
equitable.
4.
During
the trial it was agreed by the parties that the sum which the defendant owed
the plaintiff was P5,317.35
5.
In
view of the evidence adduced during the trial, a monthly payment of P200 would
be reasonable compliance with the agreement to pay the debt in installment. The
payment will be rendered on or before the 15th of each month.
6.
The
defendant appealed that:
a.
The
obligation is one of payment by installment, its fulfillment cannot be required
immediately;
b.
No
fixed day was specified for its fulfillment;
c.
Payment
is undetermined or was not fixed by parties when they executed the contract.
ISSUE:
Whether or not the defendant should pay the plaintiff according
to the period fixed by court.
HELD:
Yes.
The trial court acted in accordance with the law in exercising said power by
fixing the duration of the period on the basis that the payment of the debt
should be made at the rate of P200.00 a month.
There was no abuse of judicial
discretion in fixing such a rate, considering the importance of the obligatin
and the absence of any stipulation of the interest in favor of the creditor.
