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MAGDALENA ESTATES INC VS 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