EN BANC

[GR No. 47362. December 19, 1940.]

JUAN F. VILLAROEL, appellant-appellant, against BERNARDINO ESTRADA, recourse-appeal.

Mr. Felipe Agoncillo representing the appellant-appellant.

D. Crispin Oben on behalf of the appeal-appeal.

SYLLABUS

1. CONTRACTS; NEW PROMISE TO PAY A PRESCRIBED DEBT; MORAL OBLIGATION AS CONSIDERATION OF A

CONTRACT. - The present action is not based on the original obligation entered into by the mother of the defendant, who has already
lent, but on the one contracted by the defendant on August 9, 1930 (Exhibit B) when assuming the fulfillment of that obligation, already
prescribed . The defendant being the only inheritance of the primitive debtor, with the right to succeed it in his inheritance, that debt
incurred by his mother legally, although he lost its effectiveness by prescription, now it is, however, for him a moral obligation, which is
sufficient consideration to create and make effective and enforceable his obligation voluntarily contracted on August 9, 1930 in Exhibit
B.

2. ID .; ID .; ID. - The rule that a new promise to pay a prescribed debt must be made by the same obligated person or by another legally
authorized by it, does not apply to the present case in which compliance with the obligation of the originally obligated is not required,
but of the one who later voluntarily wanted to assume this obligation.

DECISION

ADVANCE, Pres p: chanrob1es virtua l 1aw library

On May 9, 1912, Alejandra F. Callao, mother of the defendant Juan F. Villarroel, obtained a loan of Mariano Estrada and
Severina from the spouses payable after seven years (Exhibit A). Alejandra passed away, leaving the defendant as the only
heir. The husbands Mariano Estrada and Severina also died, leaving the plaintiff Bernardino Estrada as sole heir. On August 9,
1930, the defendant signed a document (Exhibit B) declaring the amount of P1,000 owed to the plaintiff, with an interest of 12
percent per year. This action is about the collection of this amount.

The Court of First Instance of Laguna, in which this action was filed, ordered the defendant to pay the plaintiff the claimed
amount of P1,000 with his legal interests of 12 percent a year from August 9, 1930 until his complete payment. He appealed this
sentence.

It will be noted that the parties to the present case are, respectively, the only heirs of the original creditors and debtor. This
action is exercised by virtue of the obligation that the defendant, as the only son of the debtor primitive, contracted in favor of
the plaintiff, the sole heir of the primitive creditors. It is admitted that the amount of P1,000 to which this obligation is
contracted is the same debt of the defendant's mother to the plaintiff's parents.

Although the action to recover the original debt has already prescribed when the lawsuit was filed in this case, the question
raised in this appeal is mainly that of whether, notwithstanding such a prescription, the action filed is proceeding. However, the
present action is not based on the original obligation contracted by the mother of the defendant, which has already prescribed,
but on the one contracted by the defendant on August 9, 1930 (Exhibit B) when assuming compliance with that obligation ,
already prescribed. The defendant being the only heir of the primitive debtor, with the right to succeed it in his inheritance, that
debt contracted by his mother legally, although he lost its effectiveness by prescription, is now, however, for him a moral
obligation, which is considered sufficient to create and make effective and enforceable its obligation voluntarily contracted on
August 9, 1930 in Exhibit B.

The rule that a new promise to pay a prescribed debt must be made by the same obligated person or by another legally
authorized by it, is not applicable to the present case in which compliance with the obligation of the originally obligated is not
required, but of the one who later voluntarily wanted to assume this obligation.

The sentence appealed is confirmed, with the costs to the appellant. That's how it is ordered.

Imperial, Diaz, Laurel and Horrilleno, MM., Are satisfied.