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RFC v CA FACTS: "On October 31, 1941, Jesus de Anduiza and Quintana Cano executed the following promissory

y note(PI3,800.00 Legaspi, Albay, Octcber 37, 1941 ''On or befcre October 31, 1951 for value received, I/we, jointly an d severally, promise to pay the Agricultural and Industrial Bank, or order, at its office at Manila or Agency at Legaspi, Albay, Philippines, the sum of (P13,800.00), Philippine currency, with interest at the rate of 6 per centum per annum, from the date hereof until paid. Payments of the principal and the corresponding interest are to be made in 10 years equal annual installments of P1,874.98 each in accordance with the following schedule of amortizations . All unpaid installments shall bear interest at the rate of 6 per centum, per annum Secured by mortgage Failed to pay yearly amortizations Estelito Madrid paid for them to creditor for P7,374.83 for principal and P2,625 for interest or a total of P10, 000. Balance of P6,425 likewise paid on Oct. 30. Estelito demanded from Anduiza the P16, 425 but failed to pay. RFC then AIC refused to cancel mortgage executed by Anduiza RFC: Loan not due and demandable because payable in 10 years, no authority from debtor; accepted only pending proof of Anduizas authority; cannot release mortgage because Anduiza refuse to approve No authority, paid P2,000, null and void Madrids claim, concede to RFC all legal remedies Anduiza: Not yet due, mere deposit, null and void by EO 49 (June 6, 1945) -> invalidating the Japanese Currency TC: For petitioner but retrial upon motion that disappearance due to misunderstanding then dismissed CA: Cancel mortgage and Anduiza pay petitioner SC: Clear any time before date Payment may be made even if unknown to debtor "It is presumed that a person who has interest on the compliance of the obligation who is replaced in the payment to the debtor; in natural defense of their own interests, and unusual and unaccustomed that, out of sheer generosity, debt is satisfied without any benefit other than the part of that thus applicable. In this sense, the guarantor, that is, if not a principal debtor, is debtor finally since it has linked its interests, with his account and reason, to the person liable, and is committed to it alternatively to pay what is owed, be advanced many times, for different reasons, to pay the debt, taking it own and legitimate profit. Apart from the legal interest, particular reasons of another order, a genre involving any benefit, can also move the mind of a third person for substitution in place of the debtor. "

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