G.R. No. 42701 ; March 6, 1937
Yutivo Sons Hardware Co. vs. Tomas Confesor

FACTS

Plaintiff Yutivo Sons Hardware Co. supplied construction materials valued at P7,151.18 for the building of defendant Tomas Confesor’s house. Defendant had requested a credit line of up to P2,000 through architect Fernando Ocampo, which plaintiff granted. Materials were delivered upon orders by defendant personally or by Ocampo in his name, and defendant made periodic payments, reducing the balance. Plaintiff claimed a remaining unpaid balance of P1,400.70. Defendant denied any direct transaction with plaintiff, contending that Ocampo had undertaken the entire construction, including materials, for a lump sum of P45,000 under a written contract (Exhibit 1).

ISSUE

Whether defendant Confesor is personally liable to plaintiff for the unpaid balance of the construction materials supplied.

RULING

Yes, defendant is personally liable. The Supreme Court affirmed the trial court’s judgment. The evidence established that defendant directly obtained a credit line from plaintiff, ordered the materials, and made partial payments over time, thereby recognizing the debt. Exhibit 1, presented by defendant, did not prove that Ocampo assumed responsibility for supplying materials; rather, its terms, including a separate fee for Ocampo’s services, indicated the construction was “by administration,” meaning materials were to be furnished and paid for by the owner (defendant). Defendant’s failure to present the supplementary contract referenced in Exhibit 1 gave rise to an adverse presumption. Thus, the direct creditor-debtor relationship between plaintiff and defendant was upheld.

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