G.R. No. L‑2875 (October 3, 1906)

FACTS
– Elena Javier (widow of Ner) leased an estate in Cadiz Nuevo, Negros Occidental, to a lessee for five years, beginning 16 November 1894.
– Possession was returned to the lessor on 18 January 1903 after the lessee failed to pay the full rent and retained certain carabaos and other property delivered by the plaintiff.
– The written lease was executed with Ceferino Tan Suico. His son, Simeon Tan Suico, also signed the contract, but the instrument did not expressly name him as a party.
– The plaintiff sued to recover the unpaid rent, the value of the retained animals and property, and the balance claimed in the amended complaint amounted to ₱4,882.62.
– The lower court rendered judgment for ₱4,782.62 against Ceferino Tan Suico, holding Simeon not liable, and the plaintiff appealed, alleging a typographical error that undervalued the award by ₱100.

ISSUE
Whether Simeon Tan Suico, who signed the lease but was not expressly named as a party, is bound by the contract and liable for the unpaid rent, and whether the judgment against Ceferino Tan Suico should be corrected to reflect the proper amount of ₱4,882.62.

RULING
– The Supreme Court held that Simeon Tan Suico was not a party to the lease contract; his signature alone did not create contractual liability absent a clear designation as lessee. The evidence did not pre‑ponderate in his favor, and the lower court’s judgment in his favor was affirmed.
– Regarding Ceferino Tan Suico, the Court found the lower court’s award to be a clerical error. The judgment is modified to award the plaintiff ₱4,882.62 (an increase of ₱100), with the remainder of the judgment affirmed.
– Costs of the appeal were assessed against the plaintiff. The judgment is to be entered after twenty days, and the case remanded to the lower court for implementation.

Concurrence: Chief Justice Arellano and Justices Johnson, Carson, and Tracey concurred. Justices Torres and Mapa did not sit.