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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-222. April 26, 1950. ]

SALVACION F. VDA. DE EDUQUE, ETC., Plaintiff-Appellee, v. JOSE M. OCAMPO, Defendant-Appellant.

Alfredo B. Cacnio and Padilla, Carlos & Fernando for Appellant.

Jose Feria for Appellee.

Delfin L. Gonzalez for plaintiff-intervenor.

SYLLABUS


1. OBLIGATIONS AND CONTRACTS; TENDER OF PAYMENT; CASHIER’S CHECK WHERE NO OBJECTION IS MADE. — A cashier’s check may constitute a sufficient tender where no objection is made on this ground.


D E C I S I O N


MORAN, C.J. :


This is an action to compel acceptance of payment of a mortgage debt.

On February 16, 1935, Dr. Jose Eduque secured two loans from Mariano Ocampo de Leon, Doña Escolastica de los Reyes and Don Jose M. Ocampo, the first in the amount of P40,000 and the second in the sum of P15,000, both payable within the period of twenty years, with interest at the rate of 5 per cent per annum. Payment of these two loans was guaranteed by mortgage on real property. In the mortgage contract it is stipulated that any of the mortgage creditors may receive payment and execute deeds of cancellation of the mortgage debts.

On December 6, 1943, plaintiff and appellee, as administratrix of the estate of the deceased Dr. Jose Eduque, tendered payment, by means of a cashier’s check, of the total amount of the two loans, P55,000, to defendant-appellant Jose M. Ocampo, one of the creditors, who refused to accept payment. By reason of such refusal, an action was brought and a cashier’s check for the total amount of P55,000 was deposited in court. After trial, judgment was rendered against defendant compelling him to accept the P55,000 deposited in court, to issue deeds for cancellation of the mortgage debts, and to pay the expenses of consignation and costs.

Defendant accepted the judgment with respect to the second loan of P15,000 upon the ground that, according to him, in the deed of mortgage corresponding to that loan it clearly appeared that the loan was payable "durante el término de 20 años," and that the only question remaining between the parties is the interpretation of the first deed of mortgage regarding the first loan of P40,000. And he asked the court to order "que de la cantidad de P55,000 consignada en este Juzgado, se entregue al demandado la suma de P15,000, después de descontar proporcionalmente cualesquiera cantidades por depósito y otros conceptos seg
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