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

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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342 views1 page

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

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.

Uploaded by

Kat Jolejole
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

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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