Maxene Joi A.

Pigtain
LAW1101- Sec 16
Lopez Vito vs Tambunting, 33 Phil 226
G.R. No. 9806, January 19, 1916
ARAULLO, J.:
FACTS:

 The defendant owes P2,000 in specialist medical fees to his daughter.

 The CFI decided that the defendant could only pay P700 as a fair sum.

 The receipt for P700 was in defendant's possession, and he claimed this evidence as proof
that he had already paid the plaintiff's fees.

ISSUE:

WON the obligation has been extinguished

RULING:

 SC: despite the fact that the defendant had custody of the receipt, the plaintiff had not been
paid the P700.

 not applicable: The voluntary surrender of a private instrument proving credit by a

borrower to his debtor entails the renunciation of the creditor's right of action against the
debtor.

 Article 1189 states that unless the contrary is proven, the borrower will be believed to have
delivered the private instrument that evidences the debt of his own free will whenever it is
in the hands of the debtor.

 there was enough proof to the contrary; plaintiff submitted the receipt to the defendant in
order to recover his fee.