Ysabel Allyna B.

Munoz
Rochelle C. Guerra
Case Digest
Title:
Osmena vs Rama, 14 Phil. 99
GR No. 4437
September 9, 1909
Facts of the case:
On November 15, 1890, Don Victoriano Osmena loaned P200 to Dona Cenona
Rama with an interest of half a cuartillo (quarter) per month on each peso with
the promise that if Dona Rama does not comply, she will sell all the sugar she
has harvested, and pledge as security all her present and future properties, and
as special security, her house in which she lives in in Pagina. On October 27,
1891, Don Victoriano Osmena loaned P70 to Dona Cenona Rama, P50 of which
she has loaned to Don Evaristo Penares which they will pay in sugar. There was
no date supplied in the case. Don Victoriano Osmena died between the
execution and delivery of the contracts and they are passed down to one of his
heirs, Agustina Rafols. The plaintiff commenced the present action in the Court of
First Instance of the Province of Cebu and demanded for payment wherein the
failure to pay will have a judgment. The defendant filed a general denial.
Issue of the case:
Dona Cenona Rama failed to comply with her promise to pay Don Victoriano
Osmena P200 with additional P20 (P50 paid by Don Evaristo Penales) with
interest
Ruling of the Supreme Court:
Dona Victoriano Osmena won the case by the decision of the supreme court.
Rationale:
The only witness produced during the trial was the plaintiff himself. On the other
hand, the defendant did not offer any proof in the lower court. The lower court
rendered a judgment in favor of the plaintiff and against the defendant for the
sum of P200. Dona Osmena had no responsibility for the payment of the P50
since there was another person responsible for the said amount of money.