137 - Cu-Unjieng e Hijos vs. Mabalacat Sugar Co., 54 Phil 976, 4 October 1930
137 - Cu-Unjieng e Hijos vs. Mabalacat Sugar Co., 54 Phil 976, 4 October 1930
: Petitioner Respondent
Lower Courts .
Appellate Court
Issue whether the action was prematurely stated since notwithstanding extension of time of
payment
Is SC Ruling Yes. Notwithstanding the failure of the debtor to comply with the terms of this extension,
it is insisted for the appellant that this agreement for the extension of the time of
payment had the effect of abrogating the stipulation of the original contract with respect
to the acceleration of the maturity of the debt by non-compliance with the terms of the
mortgage.
As the trial court pointed out, this contention is untenable. The agreement to extend
the time of payment was voluntary and without consideration so far as the
creditor is concerned; and the failure of the debtor to comply with the terms of
the extension justified the creditor in treating it as of no effect.