Scribd
Upload
82 views1 page

Azcona v. Jamandre, GR L-30597, June 30, 1987 (Per J. Cruz, First Division)

1) Guillermo Azcona leased property to Cirilo Jamandre for 3 years at a yearly rental of P7200. However, Azcona was unable to deliver possession for the first year so waived payment. Jamandre paid P7000 which Azcona acknowledged in a receipt without protest. 2) Azcona claimed the contract was cancelled due to non-payment of the full amount. However, since Azcona accepted the payment without objection to the P200 shortfall, it is deemed fully compliant under Article 1235 of the Civil Code. 3) The Supreme Court affirms the decision and denies the petition, finding Jamandre had effectively paid the rental obligation.

Uploaded by

Maria Isabella Miralles
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
82 views1 page

Azcona v. Jamandre, GR L-30597, June 30, 1987 (Per J. Cruz, First Division)

1) Guillermo Azcona leased property to Cirilo Jamandre for 3 years at a yearly rental of P7200. However, Azcona was unable to deliver possession for the first year so waived payment. Jamandre paid P7000 which Azcona acknowledged in a receipt without protest. 2) Azcona claimed the contract was cancelled due to non-payment of the full amount. However, since Azcona accepted the payment without objection to the P200 shortfall, it is deemed fully compliant under Article 1235 of the Civil Code. 3) The Supreme Court affirms the decision and denies the petition, finding Jamandre had effectively paid the rental obligation.

Uploaded by

Maria Isabella Miralles
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

Payment or Performance – Arts.

1232, 1244, 1246-1251, 1302; RA 529; RA 8183;


PD 72, Secs. 31-32

MIRALLES (72) Azcona v. Jamandre, GR L-30597, June 30, 1987 [Per J. Cruz,
First Division]
FACTS:
Guillermo Azcona leased his property to Cirilo Jamandre. The agreed yearly
rental was P7200 and the term was for 3 agricultural years beginning 1960.
When the first annual rent was due, petitioner was not able to deliver
possession of the leased property thus he “waived” payment of that rental.
Respondent only entered the premises after paying P7000, which was
acknowledged by the petitioner in the receipt. However, the petitioner notified
respondent that the contract of lease was deemed cancelled for violation of
the conditions of the contract, one of which is the payment of the agreed
yearly rental.
ISSUE: WON the obligation to pay the agreed yearly rentals is deemed fully
complied with
HELD:
YES. According to Art 1235 – When the obligee accepts the performance,
knowing its incompleteness or irregularity, and without expressing any
protest or objection, the obligation is deemed fully complied with.
Petitioner contends that the payment of P7000, which was short of P200,
was a violation of the agreement thus the contract should be deemed
cancelled. But the petitioner unqualifiedly accepted the amount. The absence
of any mention of the discrepancy in the receipt nor any protest or demand
to collect the remaining balance, means that petitioner acknowledged the
amount as the full payment for the rent.
The SC affirms the decision of the CA and petition is denied.
Note: The CA held that the amount of P200 had been condoned but the SC
viewed it as a mere reduction of the stipulated rental in consideration of the
withdrawal from the leased premises where the petitioner intended to graze
his cattle.

You might also like