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October 5, 1918 | Street, J. | Solidary Obligations > Effects > Solidary Debtor in relation to Solidary Co-Debtor
PETITIONER: Roman Jaucian
RESPONDENT: Francisco Querol, administrator of the intestate estate of the deceased Hermenegilda Rogero
SUMMARY: Dayadante and Rogero obliged themselves to be indebted to Jaucian. Rogero is the surety, but on the terms
of obligation both debtors bound themselves jointly and severally. Jaucian went after Rogero but she had died, so he
charged the claim against Rogeros estate belatedly, 2 years after the committee filed their report for allowance on the
claims against the estate. Rogero being solidarily liable to the obligation with Dayadante, Jaucians claim is an absolute
one, one that should have been allowed by the committee had it been presented to the committee on time.
DOCTRINE: Where a guarantor or surety is jointly and severally bound with the principal debtor, the
obligation of the guarantor or surety, equally with that of the principal debtor, is absolute and not
contingent.
FACTS:
1.
2.
On Rogeros Liability
5. Rogero was liable absolutely and unconditionally for
the full amount of the obligation without any right to
demand the exhaustion of the property of the principal
debtor previous to its payment. Her position so far as
the creditor was concerned was exactly the same as if
she had been the principal debtor.
6. Liability extends unconditionally to the entire amount
stated in the obligation. Where the debtor is liable in
solidum and without postponement of execution, the
liability is not contingent but absolute.
7. Jaucians was an absolute claim and the committee on
claims had a duty to have allowed it in full as such
against the estate of Rogero.
8. If the claim had been opportunely presented to the
committee for allowance and found to be a valid claim,
it should have been allowed, just as if the contract had
been with her alone.
9. This claim was an absolute claim. Such claims are
barred if not presented to the committee in time.
10. For this reason, the claim was properly rejected by the
court.
RULING:
The decision of the trial court denying Jaucians
petition was correct and must be affirmed.
RATIO:
On the April 13, 1914 Order
1. Moirs April 13, 1914 Order was not a final order. In
effect, it held that whatever rights Jaucian might have
against the estate of Rogero were subject to the
performance of a condition precedent his exhaustion
of this remedy against Dayadante. The court regarded
Daydante as the principal debtor and Rogero as a surety
liable only for such deficiency after exhaustion of the
assets of the principal coobligor.
2. The pivotal fact upon which the order was based was
the failure of the appellant to show that he had
exhausted his remedy against Daydante. The court
regarded this failure as a complete bar to the granting
of the petition that time.
3. The part of the opinion which contained statements of
what the court intended to do when the petition should
be renewed was not binding upon him or any other
judge.
4. The Order of April 13, 1914 required no action by the
administrator at that time, was not final, therefore was
not appealable. As such, no rights were conferred by
the said Order of April 13, 1914 and it did not preclude
the administrator from making opposition to the
petition of Jaucian when it was renewed.