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Magdalena Estates sold land to Rodriguez on a promissory note for an unpaid balance of 5K. Rodriguez and a surety, Luzon Surety, signed a bond agreeing to pay. When the obligation became due, the surety paid the 5K but Magdalena Estates demanded interest from Rodriguez, who refused. The municipal court ordered Rodriguez to pay interest. The Supreme Court found that while Magdalena Estates could not demand interest from the surety after accepting the 5K payment per the bond terms, there was no waiver of their right to collect interest from Rodriguez.
Magdalena Estates sold land to Rodriguez on a promissory note for an unpaid balance of 5K. Rodriguez and a surety, Luzon Surety, signed a bond agreeing to pay. When the obligation became due, the surety paid the 5K but Magdalena Estates demanded interest from Rodriguez, who refused. The municipal court ordered Rodriguez to pay interest. The Supreme Court found that while Magdalena Estates could not demand interest from the surety after accepting the 5K payment per the bond terms, there was no waiver of their right to collect interest from Rodriguez.
Magdalena Estates sold land to Rodriguez on a promissory note for an unpaid balance of 5K. Rodriguez and a surety, Luzon Surety, signed a bond agreeing to pay. When the obligation became due, the surety paid the 5K but Magdalena Estates demanded interest from Rodriguez, who refused. The municipal court ordered Rodriguez to pay interest. The Supreme Court found that while Magdalena Estates could not demand interest from the surety after accepting the 5K payment per the bond terms, there was no waiver of their right to collect interest from Rodriguez.
Facts: Defendants- appellants bought land from Magdalena Estates.
There was an unpaid balance of 5K, so Rodriguez sps executed a promissory note promising to pay. Same date, Rodriguez sps and Luzon Surety entered into a bond in favor of the appellee. SC: When obligation became due and demandable, the surety paid P5K to the appellee. The appellee demanded from appellants the payment of the accumulated interest on the P5 K. Rodriguez sps refused, so Magdalena Estates went to Court. Municipal Court ordered Rodriguez sps to pay. Rules in Art 1252 1254 of the CC apply to a person owing several debts of the same kind to a single creditor cant apply to someone whose obligation as a mere surety is both contingent and singular, his liability is confined to such obligation and he is entitled to have all payments made applied exclusively to said application and no other Art 1253 is merely director, not mandatory o True, Magdalena Estates cant protest for non-payment of interest when it accepted the amount of P5 K from the surety and they cant apply part of that amount for the interest due o BUT SC cant also say there was a waiver or condonation on the interest due