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G.R. No. L-18411 area of 2191 square meters, Quezon City, Extinguishment of Obligations: Payment or Performance: Application of Payments #2 December 17, 1966 covered by Transfer Certificate of Title No. 13 (6947), Quezon City, within a period of MAGDALENA ESTATES, INC. vs. sixty (60) days from January 7, 1957; That ANTONIO A. RODRIGUEZ and the Surety shall be notified in writing within HERMINIA C. RODRIGUEZ Ten (10) days from moment of default otherwise, this undertaking is THE CASE: automatically null and void. Appeal from the decision of the CFI of On June 20, 1958, when the obligation of Manila ordering the defendants-appellants the appellants became due and to pay jointly and severally to the plaintiffdemandable, the Luzon Surety Co., Inc. appellee the sum of P655.89, plus legal paid to the appellee the sum of P5,000.00. interest thereon from date of the judicial Subsequently, the appellee demanded demand, the sum of P100.00 as attorney's from the appellants the payment of fees, and to pay the costs. P655.89 corresponding to the alleged accumulated interests on the principal of FACTS: P5,000.00. The appellants bought from the appellee a parcel of land in Quezon City known as Lot Due to the refusal of the appellants to pay 7-K-2-G, Psd-26193. In view of an unpaid the said interest, the appellee started this balance of P5,000.00 on account of the suit in the Municipal Court of Manila to purchase price of the lot, the appellants enforce the collection thereof. The said executed on January 4, 1957, the following court, on February 5, 1959, rendered PN representing the said account: judgment in favor of the appellee and against the appellants, ordering the latter PN to pay jointly and severally the appellee P5,000.00 the sum of P655.89 with interest thereon Manila, January 4, at the legal rate from November 10, 1958, 1957 the date of the filing of the complaint, until We, the Spouses ANTONIO A. the whole amount is fully paid. RODRIGUEZ and HERMINIA C. RODRIGUEZ, jointly and severally Not satisfied with that judgment, promise to pay the Magdalena appellants appealed to the CFI of Manila, Estates, Inc., or order, at its offices in where the case was submitted for decision the City of Manila, without any on the pleadings. The CFI of Manila demand the sum of P5,000.00, rendered the judgment stated at the outset Philippine currency, with interest at of this decision. the rate of Nine Per Cent 9% per annum, within sixty (60) days from ISSUES: January 7, 1957. The sum of 1. WON The lower court erred in P5,000.00 represents the balance of concluding as a fact from the pleadings the purchase price of the parcel of that the plaintiff-appellee demanded, land known as Lot 7-K-2-G, Psd. and the Luzon Surety Co., Inc. refused, 26193, containing an area of 2,191 the payment of interest in the amount square meters, Quezon City. of P655.89, and in not finding and declaring that said plaintiff-appellee On the same date, the appellants and the waived or condoned the said interests. Luzon Surety Co., Inc. executed a bond in favor of the appellee, as follows: 2. WON the lower court erred in not finding and declaring that the obligation . . . comply with the obligation to pay the of the defendants-appellants in favor of amount of P5,000.00 representing balance the plaintiff-appellee was totally of the purchase price of a parcel of land extinguished by payment and/or known as Lot 7-K-2-G, Psd-26193, with an condonation.