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34 SCRA 337 Mercantile Law Negotiable Instruments Law Negotiable Instruments in

General Sum Certain in Money Currency To Be Used


Octavio Kalalo is an engineer whose services were contracted by Alfredo Luz, an architect
in 1961. Luz contracted Kalalo to work on ten projects across the country, one of which was
an in the International Rice Research Institute (IRRI) Research Center in Los Baos,
Laguna. Luz was to be paid $140,000.00 for the entire project. For Kalalos work, Luz
agreed to pay him 20% of what IRRI is going to pay or equivalent to $28,000.00.
ISSUE: Whether or not Kalalo should be paid in US currency.
HELD: No. The agreement was forged in 1961, years before the passage of Republic Act
529 in 1950. The said law requires that payment in a particular kind of coin or currency
other than the Philippine currency shall be discharged in Philippine currency measured at
the prevailing rate of exchange at the time the obligation was incurred. Nothing in the law
however provides which rate of exchange shall be used hence it is but logical to use the
rate of exchange at the time of payment.

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