Barral, Cass June B.
20230111065
CASE DIGEST
1. Villarroel v Estrada
G.R. No. 47362, December 19, 1940
Facts:
On May 9, 1912, Alejandra F. Callao, mother of defendant Juan F. Villarroel,
obtained a loan of P1,000 from Mariano Estrada and Severina, payable after seven
years. Alejandra passed away, leaving the defendant as the only heir. The spouses
Mariano Estrada and Severina also died, leaving plaintiff Bernardino Estrada as
sole heir.
On August 9, 1930, Juan Villarroel executed a document whereby he owed the
Bernardino Estrada an amount of P1,000, with interest of 12 per cent per annum.
Issue \ s:
1. Whether or not the defendant is still obliged to pay for the debt as he is only
an heir of the primitive debtor.
Held:
No, he is not obliged to pay for the debt as the action to recover the original debt
has already prescribed when the lawsuit was filed in this case but the defendant
executed a document regarding the debt he owes that for him, it is a moral
obligation.