Title: Fisher v. Robb, G.R. No.

46274 , 2 November 1939

Topic: Classification of Obligations

Doctrine: A mere moral obligation or conscience duty arising wholly from ethical motives
or a mere conscientious duty unconnected with any legal obligation, perfect or imperfect,
or with the receipt of benefit by the promisor of a material or pecuniary nature will not
furnish a consideration for an executory promise.

Facts:

The Board of Directors of Philippine Greyhound Club, Inc. sent Robb to Shanghai for the
purpose of studying the operation of a dog racing course. In the foreign country, Robb
became acquainted with Fisher, a manager of a dog racing course.

Fisher expressed his intention to become a stockholder of the Philippine Greyhound Club,
Inc. Subsequently, Fisher filed a subscription bank and sent it to the organization through
a telegraphic transfer in the amount of P3,000.00.

Fisher made his second installment to the organization. Unfortunately, the enterprise failed
due to the manipulations of those who managed the club. Robb wrote a letter to Fisher
explaining the business status of the Club and stated his plans to save the properties of
those who made their investment to the organization through installment payment.

However, Fisher demanded the return of the entire amount that he invested to the club
which Robb declined. In his defense, he is not obliged under the law to reimburse Fisher’s
loss which he might have suffered, just like in the present case.

Issue:

Whether or not there was sufficient consideration to justify the promise made by Robb in
his letters.

Held:

No. The court held that the promise made by an organizer of a dog racing course to a
stockholder to return to him certain amounts paid by the latter in satisfaction of his
subscription upon the belief of said organizer that he was morally responsible because of
the failure of the enterprise, is not the consideration required by article 1261 of the Civil
Code as an essential element for the legal existence of an onerous contract which would
bind the promisor to comply with his promise.