a Gimenez denied claiming that Pando was responsible for the delinquency in

A gimenez denied claiming that pando was responsible

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a. Gimenez – denied, claiming that Pando was responsible for the delinquency in taxes since he was administering it b. Pando – denied such obligation, claiming that his duties were to collect rents only and apply them to the interest on the mortgage i. Thus was actually what was in their original agreement but Gimenez alleges that Pando modified the letter sent to him 6. Gimenez also claimed that when the property was turned over, it was agreed that Pando would keep the property in good condition, pay expenses inherent in the preservation of the building and pay the rent to lessor. These were not contracited by Pando. ISSUE: WON Pando was remiss in his duties as an antichretic creditor. YES 1. Being an antichretic creditor means that one is obliged to pay: a. Taxes and charges of the estate, b. Necessary expenses for preservation and repair c. Sums which may be chargeable against the fruits 2. These obligations are correlated with the creditor’s right to take charge of the property and collect the fruits for himself. These are necessary consequences of the antichresis contract since they arise from its very nature 3. SC held that it’s been proved by preponderance of evidence that Pando assumed the obligation to pay both tax on the house and rent of the lot. Pando took over the administration months before the rents were reduced and it didn’t seem that the reduction was foreseen. 4. Pando’s failing to do his obligation results in his paying of indemnity for damages a. Based on the value and condition of the house and the improvements made by the Gimenez upon said lot, as well as the other circumstances of the case the total amount of the damages sustained by Gimenez must be fixed at P5,000. [2137] Peralta v Quimpo (CA) 2 of the sisters Cristeta and Estrella Bernardina Casia (when Bernardina died) Peralta 1. Spouses Fuentes left to their 4 daughters a residential lot in Capiz with an assessed value of P530. 2. It was alleged that 2 of the sisters (Cristeta and Estrella), in representation of the other 2 (Conseula and Isidra), conveyed and transferred the residential lot by way of antichresis to Bernardina as security for their P650 loan. 27
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a. The money was used for the needs 3 of the sisters (Cristeta, Estrella, and Isidra and the school expenses of Consuelo) sisters however they were not able to pay it. 3. Thus, Bernardina instituted intestate proceedings. CFI ordered Cristeta and Estrella (2 of the sisters) to deliver the residential lot (since they were still occupying it) or pay the 650 loan. They failed to deliver nor pay, thus the lot was forfeited and adjudicated to Bernardina’s only sister and sole heir, Casia. 4. Casia filed with the US Philippine War Damage Commission to be compensated for the damages sustained by the house.
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