4. Esguerra vs. Villanueva

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4. ESGUERRA VS. VILLANUEVA (G.R. No. L-23191. December 19. 1967.)

6ithout any protest or ob3ection on the part of the $sguerras" said obligation must be deemed fully complied with.

DOCRIN DOCRINE! E! A mere receipt receipt acknowledg acknowledging ing partial payment does not equate to an acceptance of the partial performance of the obligation. 123" ISSUE

The verb “accept” as used in Art 12! means to take as “satisfactory or  sufficient”" or “to give assent to”" or “to agree or accede” to an incomplete  performance.

67+ the receip receiptt of the sums of money constitu constitutes tes acceptanc acceptancee of the irregular performance8 NO.

#ACS

$ELD

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#pouses $sguerra and %sidro de &u'man entered into a contract whereby $sguerra leased to (e &u'man a portion of the building"  belonging to the $sguerra" for a term of 1) years. years.

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(e gu'man failed to pay the rental" and his mother" #egunda (e &u'man" e*ecuted a promissory note.

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 +one of the aforementioned payments having been made when due" the $sguerras commenced an action against ,rs. (e &u'amn for the collection of the said money. The partie partiess reache reached d a compro compromise mised d agreem agreement ent"" which which was approved by -udge illanueva -udg -udgee ill illan anue ueva va ackn acknow owle ledg dged ed that that (e &u'ma &u'man n o delive delivered red to $sguer $sguerra ra /0)) /0)) and /1" /1")" )" and that that the receipt receipt of said sums by the $sguerras $sguerras constitute constituted d full sati satisf sfact actio ion n of the the afor aforem emen enti tion oned ed 3udg 3udgme ment nt by compromise 4espondents claim that the “receipt” of said sums of /0)) and /1" /1") ) by the the $sgu $sguer erras ras cons consti titu tute ted d “acce “accept ptan ance ce”” of the the incomplete and irregular performance of respondent5s obligation.

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The #upreme 9ourt ruled in favor of $sguerra. The obligation in this case is deemed not e*tinguished.

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The The verb verb “acc “accep ept” t” as used used in Art 12! 12! means means to take as “satisfactory or sufficient”" or “to give assent to”" or “to agree or  accede” to an incomplete performance.

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%n the case at bar" the $sguerras had neither acceded or assented to said payment" payment" nor taken the same as satisfactory satisfactory or sufficient sufficient compliance with the rendered.

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The day immediately following that of the first payment of /0))" the $sguerras asked -udge illanueva to issue the corresponding writes of e*ecution in the 2 cases. Thus" the $sguerras patently manifested their dissatisfaction with: which necessarily implied an ob3ection or protest to: said partial payment.

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The law does not require the protest or ob3ection of the creditor to  be made in a particular manner or at a particular time. %n the case at  bar" the $sguerras had performed said acts within such time. time.

%$O %ON& SALDANA