EN BANC

G.R. No. L-47362 December 19, 1940

JUAN F. VILLARROEL, recurrente-apelante,

vs.
BERNARDINO ESTRADA, recurrido-apelado.

D. Felipe Agoncillo en representacion del recurrente-appelante.

D. Crispin Oben en representacion del recurrido-apelado.

AVANCEÑA, Pres.:

On May 9, 1912, Alejandro F. Callao, mother of defendant John F.

Villarroel, obtained from the spouses Mariano Estrada and
Severina a loan of P1, 000 payable after seven years (Exhibito A).
Alejandra died, leaving as sole heir to the defendant. Spouses
Mariano Estrada and Severina also died, leaving as sole heir to the
plaintiff Bernardino Estrada. On August 9, 1930, the defendant
signed a document (Exhibito B) by which the applicant must
declare in the amount of P1, 000, with an interest of 12 percent per
year. This action relates to the recovery of this amount.

The Court of First Instance of Laguna, which was filed in this

action, condemn the defendant to pay the claimed amount of P1,
000 with legal interest of 12 percent per year since the August 9,
1930 until full pay. He appealed the sentence.

It will be noted that the parties in the present case are, respectively,
the only heirs and creditors of the original debtor. This action is
brought under the defendant's liability as the only son of the
original debtor in favor of the plaintiff contracted, sole heir of
primitive loa creditors. It is recognized that the amount of P1, 000
to which contracts this obligation is the same debt of the mother's
parents sued the plaintiff.

Although the action to recover the original debt has prescribed and
when the lawsuit was filed in this case, the question raised in this
appeal is primarily whether, notwithstanding such requirement, the
action taken is appropriate. However, this action is based on the
original obligation contracted by the mother of the defendant, who
has already prescribed, but in which the defendant contracted the
August 9, 1930 (Exhibito B) by assuming the fulfillment of that
obligation, as prescribed. Being the only defendant in the original
herdero debtor eligible successor into his inheritance, that debt
brought by his mother in law, although it lost its effectiveness by
prescription, is now, however, for a moral obligation, that is
consideration enough to create and make effective and enforceable
obligation voluntarily contracted its August 9, 1930 in Exhibito B.

The rule that a new promise to pay a debt prrescrita must be made
by the same person obligated or otherwise legally authorized by it,
is not applicable to the present case is not required in compliance
with the mandatory obligation orignalmente but which would give
it voluntarily assumed this obligation.

It confirms the judgment appealed from, with costs against the

appellant. IT IS SO ORDERED.