Article1180Patente vs OmegaG.R.

L-4433Facts: On May 4, 1947, Roman Omega sold his agricultural land to Salud Patente, under a pacto de retro sale. On 24th of August 1949, Roman Omega executed a promissory note, promising to pay his indebtedness amounting to 1,600 pesos , to her, her heirs, assigns and successors as soon as possible or as soon as he has the money. That, he will pay the whole amount before he exercises his right of repurchase of his agricultural land. On the promissory note, no definite term is fixed and that its performance is left to the will of the debtor. Issue: Whether of not the court has jurisdiction to take cognizance of the case and to fix a definite term for the payment of the indebtedness. Held: Yes. Promissory notes are governed by Article 1128 of the Civil Code, because under the terms thereof the plaintiff intended to grant the defendant a period within which to pay his debts. As the promissory notes do not fix this period, it is for the court to fix the same.