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  • Tomas Osmeña V. Cenona Rama (G.R. No. 4437. September 9, 1909.)

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    Kat Jolejole
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    Tomas Osmeña filed a case against Cenona Rama for unpaid debt. Rama acknowledged the debt but said she would only pay if she sold her house. The court held that this condition imposed by Rama was invalid under the Civil Code because performance of the condition depended solely on her will. Conditions depending exclusively on the promisor's will are void. Osmeña was entitled to payment of the debt without the condition.

    Original Description:

    condition; civil law

    Original Title

    Osmena v Rama

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    Tomas Osmeña filed a case against Cenona Rama for unpaid debt. Rama acknowledged the debt but said she would only pay if she sold her house. The court held that this condition imposed by Rama was invalid under the Civil Code because performance of the condition depended solely on her will. Conditions depending exclusively on the promisor's will are void. Osmeña was entitled to payment of the debt without the condition.

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    51 views1 page

    Tomas Osmeña V. Cenona Rama (G.R. No. 4437. September 9, 1909.)

    Uploaded by

    Kat Jolejole
    Tomas Osmeña filed a case against Cenona Rama for unpaid debt. Rama acknowledged the debt but said she would only pay if she sold her house. The court held that this condition imposed by Rama was invalid under the Civil Code because performance of the condition depended solely on her will. Conditions depending exclusively on the promisor's will are void. Osmeña was entitled to payment of the debt without the condition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
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    TOMAS OSMEÑA v.

    CENONA RAMA
    [G.R. No. 4437. September 9, 1909. ]

    Facts:
    Plaintiff commenced an action for the payment of debt against the defendant.
    The plaintiff presented an acknowledgment of the indebtedness made by the
    defendant imposing the condition that she would pay the obligation if she
    sold her house.

    Issue:
    Is the statement in the acknowledgment a valid condition?

    Held:
    No. A condition imposed upon a contract by the promisor, the performance of
    which depends upon his exclusive will, is void, in accordance with the
    provisions of article 1115 of the Civil Code.

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