Ysabel Allyna B.

Munoz
Rochelle C. Guerra
Case Title: Osmena vs Rama,
14 Phil. 99 GR No. 4437 September 9, 1909

On Nov 15, 1890, Don Victoriano Osmena lent P200 to Dona Cenona Rama with half a
cuartillo interest per month on each peso. If Dona Rama fails to comply, she must sell all her
harvested sugar and pledge her present and future properties, including her house in Pagina. On
Oct 27, 1891, Don Victoriano Osmena lent P70 to Dona Cenona Rama, P50 of which she loaned
to Don Evaristo Penares to be paid in sugar. Don Victoriano Osmena passed away before the
contracts were executed and they were inherited by Agustina Rafols. The plaintiff filed a lawsuit
in the Court of First Instance of the Province of Cebu, demanding payment or judgment. The
defendant denied the allegations.
The issue is that Dona Cenona Rama failed to pay Don Victoriano Osmena P200 plus P20 (P50
paid by Don Evaristo Penales) with interest.
Dona Osmena won the case because the plaintiff was the only witness. Defendant had no proof
so the lower court ruled in favor of plaintiff for P200 that is Dona Osmena not responsible for
P50 payment.