Without any protest or objection on the part of the Esguerras, said
4. ESGUERRA VS. VILLANUEVA obligation must be deemed fully complied with.
(G.R. No. L-23191. December 19. 1967.)
DOCTRINE: A mere receipt acknowledging partial payment does not
equate to an acceptance of the partial performance of the obligation. 1235
The verb accept as used in Art 1235 means to take as satisfactory or
sufficient, or to give assent to, or to agree or accede to an incomplete
performance.
FACTS
Spouses Esguerra and Isidro de Guzman entered into a contract
whereby Esguerra leased to De Guzman a portion of the building,
belonging to the Esguerra, for a term of 10 years.
De guzman failed to pay the rental, and his mother, Segunda De
Guzman, executed a promissory note.
None of the aforementioned payments having been made when
due, the Esguerras commenced an action against Mrs. De Guzamn
for the collection of the said money.
The parties reached a compromised agreement, which was
approved by Judge Villanueva
o Judge Villanueva acknowledged that De Guzman
delivered to Esguerra P800 and P1,460, and that the
receipt of said sums by the Esguerras constituted full
satisfaction of the aforementioned judgment by
compromise
Respondents claim that the receipt of said sums of P800 and
P1,460 by the Esguerras constituted acceptance of the
incomplete and irregular performance of respondents obligation.
ISSUE
WON the receipt of the sums of money constitutes acceptance of the
irregular performance? NO.
HELD
The Supreme Court ruled in favor of Esguerra. The obligation in
this case is deemed not extinguished.
The verb accept as used in Art 1235 means to take as
satisfactory or sufficient, or to give assent to, or to agree or
accede to an incomplete performance.
In the case at bar, the Esguerras had neither acceded or assented to
said payment, nor taken the same as satisfactory or sufficient
compliance with the rendered.
The day immediately following that of the first payment of P800,
the Esguerras asked Judge Villanueva to issue the corresponding
writes of execution in the 2 cases. Thus, the Esguerras patently
manifested their dissatisfaction with- which necessarily implied an
objection or protest to- said partial payment.
The law does not require the protest or objection of the creditor to
be made in a particular manner or at a particular time. In the case at
bar, the Esguerras had performed said acts within such time.
WHO WON? SALDANA