Azcona vs Jamandre

OBLIGATIONS AND CONTRACTS G.R. No./ SCRA: L-30597 Date: June 30, 1987 AZCONA vs JAMANDRE Petitioner(s): GUILLERMO AZCONA and FE JALANDONI AZCONA Respondent(s): JOSE JAMANDRE, Administrator of the Intestate Estate of Cirilo Jamandre (Sp. Proc. 6921 of the Court of First Instance of Negros Occidental), and the HONORABLE COURT OF APPEALS Facts: • Guillermo Azcona leased 80 hectares out of his 150 hectare share in Hacienda Sta. Fe in NegrosOccidental to Cirilo Jamandre. The agreed yearly rental was P7200 and the term was for 3agricultural years beginning 1960. On March 30, 1960, when the first annual rent was due, petitioner was not able to deliver possession of the leased property thus he “waived” payment of that rental. Respondent only entered the premises on October 26, 1960 after paying P7000, which was acknowledged by the petitioner in the receipt. On April 6, 1961, the petitioner notified respondent that the contract of lease was deemed cancelled for violation of the conditions of the contract. Earlier, in fact, the respondent had been ousted from the possession of the 60 hectares of the leased premises and let with only 20 hectares of the original area. Issue(s): •

Whether

or

not

the

obligation

is

extinguished

by

the

acceptance of payment though incomplete Held: •

Yes. The obligation already ceased to exist when the petitioner accepted the payment without contention even if it is incomplete

Rationale: •

Petitioner contends that the payment of P7000, which was short of P200, was a violation of the agreement thus the contract should be

Raphael Cezar Buenaobra 02/ 20/ 2013

ART 1235 (Payment or Performance)

OBLIGATIONS AND CONTRACTS deemed canceled. But the petitioner unqualifiedly accepted the amount. The absence of any mention of the discrepancy in the receipt nor any protest or demand to collect the remaining balance, means that petitioner acknowledged the amount as the full payment for the rent. The SC affirms the decision of the CA and petition is denied. •

Art 1235 – When the obligee accepts the performance, knowing its incompleteness or irregularity,and without expressing any protest or objection, the obligation is deemed fully complied with

Raphael Cezar Buenaobra 02/ 20/ 2013

ART 1235 (Payment or Performance)