JOHN F. VILLAROEL, appellant-appellee v.

ESTRADA BERNARDINO, used-appealed

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

AVANCENA, J.:

Facts:
1. On May 9, 1912, Alejandra Callao obtained a debt of P1,000 from the spouses
Mariano Estrada and Severina. The debt was payable after 7 years.
2. Alejandra Callao died and left John F. Villaroel as her sole heir. The spouses Mariano
Estrada and Severina also passed away and left Estrada Bernardino as their sole heir.
3. On August 9, 1930, more than 7 years from the time the debt was incurred, Villaroel
gave a document to Estrada wherein he declared that he owed an amount of P1,000
with an interest of 12% per year.
a. The action of this case relates to the recovery of this amount.
4. CFI of Laguna decided that Villaroel shall pay the amount with its legal interests of
12% from August 9, 1930 to its complete payment.

Issue/s:
1. WON Villaroel should pay the amount despite the prescription of the original debt
2. WON Villaroel can recover the demanded amount since the debt has already
prescribed

Held/Rationale:
1. Yes. The present action is based on the obligation that Villaroel contracted in August
9, 1930 and not original obligation which his mother contracted back in 1912. Being
the sole heir of the indebted one with rights over her inheritance, the debt contracted
by his mother legally, although no longer effective by prescription, is now a moral
obligation.
a. Moral obligation and natural obligation are used interchangeably.

2. No. The case is expressly covered under Art. 1424 of the Civil Code which states
that when a right to sue upon a civil obligation has lapsed by extinctive
prescription, the obligor who voluntarily performs the contract cannot
recover what he has delivered or the value of the service he has rendered.