GR L 3468; (April, 1951) (Digest)
G.R. No. L-3468; April 25, 1951
Gregoria Aranzanso, plaintiff-appellant, vs. Gregorio Martinez, defendant-appellee.
FACTS
On July 22, 1949, plaintiff Gregoria Aranzanso filed an action in the Court of First Instance of Manila to recover a debt of P15,000 from defendant Gregorio Martinez, evidenced by a promissory note executed on August 16, 1939. The note stipulated that the indebtedness was payable when the price of copra was good, but if the plaintiff needed the money, the defendant was to find means for payment. The complaint alleged the indebtedness was payable on demand and that the note was presented for payment in 1941. The defendant filed a motion to dismiss, alleging the court had no jurisdiction and the complaint stated no cause of action, invoking the debt moratorium under Republic Act No. 342 . He argued the obligation was not yet due and demandable because he had a pending war damage claim with the United States Philippines War Damage Commission. The lower court issued an order dismissing the complaint without prejudice.
ISSUE
Whether the lower court correctly dismissed the complaint based on the debt moratorium under Republic Act No. 342 , considering the defendant’s pending war damage claim.
RULING
Yes, the dismissal was proper. The Supreme Court affirmed the appealed order. The obligation, contracted on August 16, 1939 (before December 8, 1941), is covered by the debt moratorium under Section 2 of Republic Act No. 342 . This provision states that pre-war debts shall not be due and demandable for eight years from the settlement of the debtor’s war damage claim. The Court rejected the appellant’s arguments: (1) that the motion to dismiss could not consider the war damage claim as it was not alleged in the complaint, holding that the defendant properly alleged and proved this fact to invoke the moratorium; (2) that actual payment of the war damage claim was required, holding that a pending claim (not disallowed) also entitles the debtor to the moratorium’s benefits as a war sufferer; and (3) that there was a novation in August 1948, holding this was an afterthought not alleged in the complaint. Costs were imposed on the appellant.