7/24/2019 Syquia v. Jacinto

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1. VDA. DE SYQUIA V. JACINTO

FACTS:

BPI obtained a judgment against Perfecto and Felipe Jacinto and Rafael Palma

on a promissory note for the sum of P22,000 with interest BPI assigned and

transferred said judgment to !regorio "y#uia

 $he widow of !regorio "y#uia, %led suit against Perfecto and Felipe Jacinto

and Rafael Palma reciting the judgment

 $he defendants %led a joint amended answer in which they admitted the

 judgment but they denied the assignment to "y#uia and the allegation that nothing

had been paid on said judgment and that the full amount thereof was still due $hey

set up as a special defense that at the time of ma&ing the assignment to !regorio

"y#uia, the ban& had no right or interest under said judgment, the same ha'ing

been fully paid

In the same answer they set up a counter(demand to the following e)ect*

that BPI caused an e+ecution to sell at a public sale three properties belonging to

the Jacinto which had been pre'iously attached $he defendants prayed that they

be absol'ed from the demand of the petitioner and that the estate of !regorio

"y#uia be condemned to pay the sum of P0,-.0

ISSUE:

/hether or not the creditor has already made the demand on the guarantor just

because the guarantor was sued at the time as the debtor

HELD:

emand can be made only after judgment on the debt, for ob'iously the

1e+haustion of the principals property1 3 the bene%t of which the guarantor claims

3 cannot e'en begin to ta&e place before judgment has been obtained 4nly then

can the creditor 1le'y upon the property of the principal1 3 only then can the

liability of the creditor begin under article 566 of the 7i'il 7ode It would be absurd

and futile to point out 1saleable property of the debtor1 at the inception of the suit,

when it cannot be sei8ed or sold, and re#uire the creditor to ma&e a 1le'y1 upon it

 Just because the guarantor was sued at the time as the debtor, this does not mean

that the creditor has already made the demand on the guarantor