GR 40890; (November, 1934) (Digest)
G.R. No. 40890 ; November 27, 1934
ANGELES TAPIA VIUDA DE JONES, plaintiff-appellant, vs. P. D. CARMAN and E. E. ELSER, defendants-appellees.
FACTS
Plaintiff-appellant Angeles Tapia Viuda de Jones, widow and beneficiary of the life insurance policies of her deceased husband Walter E. Jones, received the insurance proceeds. Out of the total, a check for P20,000 was endorsed and delivered to Francisco A. Delgado, with P7,017.02 used to pay her husband’s promissory note to China Banking Corporation, on which defendant-appellee P. D. Carman was an accommodation endorser. The appellant claimed this endorsement was made under duress and intimidation due to threats from Carman and his attorney. These threats involved filing a lawsuit to prevent payment of the insurance proceeds and alleging, in such a suit, that her husband committed suicide and committed fraud, which could jeopardize her receipt of the insurance money. The defendant-appellee E. E. Elser was the Manila representative of the insurance companies who made the payment.
ISSUE
Whether the plaintiff-appellant’s endorsement and delivery of the P20,000 check were vitiated by intimidation under Article 1267 of the Civil Code, thereby annulling the juristic act.
RULING
No. The Supreme Court, in its majority opinion (with dissents), affirmed the lower court’s decision. The Court found that the circumstances did not constitute the intimidation required by Article 1267 of the Civil Code to annul the act. The plaintiff-appellant was assisted by competent counsel and her uncle, both able lawyers, during the negotiations and at the time of payment. The Court held that the alleged threats, considering her counsel’s advice and the context, did not inspire a “reasonable and well-grounded fear of suffering an imminent and serious injury” to her person or property as required by law. Her act of endorsing the check was considered voluntary.
AI Generated by Armztrong.