GR 43522 23; (May, 1938) (Digest)
G.R. No. 43522 , 43523, 43751-43753; May 18, 1938
E. G. TURNER, plaintiff-appellee, vs. CIRILO CASABAR, ET AL., defendants-appellants.
FACTS
Plaintiff E.G. Turner, a lawyer, filed several collection cases against defendants Cirilo Casabar and Valentina S. Cruz based on multiple promissory notes. The defendants denied the validity of the obligations, alleging that the notes represented usurious computations of attorney’s fees and balances from land sales, and that some amounts had already been paid. They also raised counterclaims for refunds of alleged overpayments for lands sold by Turner, expenses for defending defective titles, and damages. The cases were jointly tried in the Court of First Instance of Pangasinan, which ruled in favor of Turner. The defendants appealed.
ISSUE
The main issues are: (1) whether the promissory notes executed by the defendants are valid and enforceable; and (2) whether the defendants’ counterclaims have merit.
RULING
The Supreme Court affirmed the lower court’s decision, ruling in favor of plaintiff Turner. The Court found that the promissory notes were valid and supported by consideration, resulting from mutual agreements and liquidations of accounts between the parties. The defendants failed to prove their allegations of usury, payment, or lack of consideration. The stipulated interest rates (12% and 14% per annum) were legal. The defendants’ counterclaims were dismissed as unsubstantiated and, in part, barred by prescription. The Court also noted that defendant Casabar ultimately gained from the land transactions, having obtained a larger area of land than originally purchased.
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