GR L 11409; (March, 1917) (Digest)
G.R. No. L-11409; March 21, 1917
Case Title: RAMON ONGPIN, as administrator of the testate estate of Roman Ongpin, applicant-appellant, vs. VICENTA RIVERA, as guardian of the person of the minor, Carmen Rivera, opponent-appellee.
FACTS:
Roman Ongpin died on December 10, 1912. His will bequeathed a legacy equivalent to five percent of his estate’s net proceeds, amounting to P9,867.02, to Carmen Rivera, a minor and the natural daughter of Vicenta Rivera. During the probate proceedings, the guardian of the minor petitioned the court to compel the estate administrator, Ramon Ongpin, to deliver the legacy along with its accrued income. The court, on July 12, 1915, ordered the administrator to liquidate and pay the legacy, subject to the guardian increasing her bond. Prior to this, from December 31, 1912, to June 30, 1915, the administrator had made partial deliveries to the legatee totaling P2,040. On July 20, 1915, the administrator deposited the remaining balance of P7,737.02 with the clerk of court. Subsequently, on October 20, 1915, the lower court issued an order directing the administrator to pay the deposited sum plus legal interest of P1,160.55 (calculated at 6% per annum for two and a half years). The administrator appealed this order, contesting the imposition of interest.
ISSUE:
Whether the administrator of the estate is obligated to pay legal interest on the legacy to the minor legatee, Carmen Rivera.
RULING:
No. The Supreme Court affirmed the lower court’s order insofar as it directed the delivery of the remaining legacy (P7,737.02) to the legatee but reversed the portion requiring payment of legal interest. The Court held that interest is owed by a debtor only from the moment he is in delay (in mora) or delinquent in fulfilling his obligation. In this case, the administrator’s duty to deliver the legacy became demandable on June 2, 1914, when the court approved the tentative partition of the estate. The administrator was not delinquent because he had been making partial payments since shortly after the testator’s death and, upon the court’s directive, promptly deposited the remainder with the clerk of court. Therefore, the legatee was not entitled to the claimed interest. No costs were awarded.
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