EN BANC

[G.R. No. 47362. December 19, 1940.]

JUAN F. VILLAROEL, appellant-appellant,
against BERNARDINO ESTRADA, appealed-appealed.

D. Felipe Agoncillo in representation of the appellant-appellant.

D. Crispin Oben in representation of the appealed-appellant.

SYLLABUS
CONTRACTS; NEW PROMISE TO PAY A PRESCRIBED DEBT; MORAL OBLIGATION AS CONSIDERATION OF A
CONTRACT. –

The present action is not based on the original obligation entered into by the defendant's mother, who has already preserved,
but on the one contracted by the defendant on August 9, 1930 (Exhibit B) upon assuming the fulfillment of that obligation,
already prescribed . Being the defendant the only inheritance of the original debtor, with the right to succeed in his
inheritance, that debt contracted by his mother legally, although lost its effectiveness by prescription, is now, however, a
moral obligation, which is sufficient consideration to create and make efieaz and exigible their obligation voluntarily
contracted on August 9, 1930 in Exhibit B. 2. ID .; ID; ID. - The rule that a new promise to pay a prescribed debt must be
made by the same obligated person or by another legally authorized by it, is not applicable to the present case in which
compliance with the obligation of the originally obligated is not required, but of the one that later voluntarily wanted to
assume this obligation.

DECISION

On May 9, 1912, Alejandra F. Callao, the mother of the defendant Juan F. Villarroel, obtained from the spouses Mariano
Estrada and Severina a P1,000 loan payable after seven years (Exhibit A). Alejandra passed away, leaving the defendant
as the sole heir. The spouses Mariano Estrada and Severina also died, leaving the plaintiff Bernardino Estrada as the sole
heir. On August 9, 1930, the defendant subscribed a document (Exhibit B) by which he declares in duty to the plaintiff the
amount of P1,000, with an interest of 12 percent per year. This action is about the collection of this amount.

The Court of First Instance of Laguna, in which this action was filed, ordered the defendant to pay the plaintiff the amount
claimed of P1,000 with its legal interests of 12 percent a year from August 9, 1930 to its full payment. Appeal of this sentence.

It will be noted that the parties in the present case are, respectively, the sole heirs of the original creditors and the debtor.
This action is exercised by virtue of the obligation that the defendant, as the only son of the original debtor, contracted in
favor of the claimant, sole heir of the original creditors. It is admitted that the amount of P1,000 to which this obligation is
contracted is the same debt of the defendant's mother to the parents of the plaintiff.

Although the action to recover the original debt has already prescribed when the claim was filed in this case, the question
that arises in this appeal is mainly the question of whether, notwithstanding such a prescription, the action filed is proceeding.
However, the present action is not based on the original obligation contracted by the defendant's estate, which has already
been prescribed, but on the one contracted by the defendant on August 9, 1930 (Exhibit B) upon assuming compliance with
that obligation. already prescribed. Being the defendant the only heir of the original debtor, with the right to succeed her in
her inheritance, that debt contracted by her mother legally, although it lost its effectiveness by prescription, is now, however,
a moral obligation, which is sufficient consideration to create and make effective and enforceable its obligation voluntarily
contracted on August 9, 1930 in Exhibit B.

The rule that a new promise to pay a prescribed debt must be made by the same obligated person or by another legally
authorized by it, is not applicable to the present case in which compliance with the obligation of the originally obligated is
not required, but who later voluntarily wanted to assume this obligation.

The sentence appealed is confirmed, with the costs to the appellant. This is how it is ordered.

Imperial, Diaz, Laurel and Horrilleno, MM., Are satisfied.