Professional Documents
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CredTrans Prelims TSN
CredTrans Prelims TSN
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Ateneo de Davao University
Jacinto St., Davao City
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Ateneo de Davao University
Jacinto St., Davao City
BPI vs. CA
Sometime in 1980, Frank Roa sold a house and lot to
private respondents ALS and Antonio Litonjua
for P850,000. They paid P350k in cash and assumed
the P500k balance of Roas indebtedness with petitioner
BPI Investment Corp. (BPIIC). Said loan was mortgaged
with the said house and lot. BPIIC, however, was not
willing to extend the old interest rate (from Roas loan) to
private respondents and proposed to grant them a new
loan of P500,000 to be applied to Roas debt and
secured by the same property with new interest rate.
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Ateneo de Davao University
Jacinto St., Davao City
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Ateneo de Davao University
Jacinto St., Davao City
HELD: Yes.
Sps. Tans reliance on Art. 1358 of the Civil Code is
misplaced for the requirement that contracts where the
amount involved exceeds P500.00 must appear in writing
is only for convenience. At all events, a check, the entries
of which are no doubt in writing, could prove a loan
transaction.
Shifting gears
Destruction of the thing loaned does not extinguish
ones obligation to pay. In mutuum, what is your
obligation? Your obligation is to pay the money. If the
money was lost or you became insolvent or you were
robbed, will that extinguish the obligation? No. Genus
nunquam perit. Money is a generic thing. Therefore, even if
the money that you are supposed to pay the loan for was
destroyed, obligation is not extinguished in mutuum.
Mutuum
Subject matter is
money or other
consumable thing
Same
kind,
quality
and
quantity
only
equivalent
thereof
May
be
gratuitious
Barter
Non-fungible or
non-consumable
thing
The equivalent
thing is given in
return for what
has
been
received
Always onerous
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Ateneo de Davao University
Jacinto St., Davao City
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Ateneo de Davao University
Jacinto St., Davao City
HELD: Yes.
Interest may be imposed even in the absence of stipulation
in the contract.
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Ateneo de Davao University
Jacinto St., Davao City
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Ateneo de Davao University
Jacinto St., Davao City
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Ateneo de Davao University
Jacinto St., Davao City