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PACIFICA JIMENEZ V. BUCOYG.R. No. L-10221 | Februar 2!" 1#$!

DOCTRINE: The administrator calls attention to the fact that the notes contained no expresspromise to pay for a certain amount. This is without merit. An acnowled!e may"ecome a promise to pay "y the addition of words "y which a promise of payment isnaturally implied# such as $paya"le%# $paya"le% on a !i&en date# $paya"le on demand%# $paid'when called for%. To constitute a !ood promissory note# no precise words of contract arenecessary# pro&ided they amount# in le!al e(ect# a promise to pay.

)ACT*:In this intestate of +uther and ,acita -oun! who died in /01 and /02 respecti&ely# ,aci3ca

4imene5 presented for payment 1 promissory notes si!ned "y ,acita for di(erent amounts totallin!,2#666. Acnowled!in! receipt "y ,acita durin! the 4apanese occupation# in the currency thenpre&ailin!# the administrator manifested willin!ness to pay pro&ided ad7ustment of the sums "emade in line with the 8allantyne schedule. ,aci3ca o"7ected to the ad7ustment insistin! on fullpayment in accordance with the notes.

The lower court held that the notes should "e paid in the currency pre&ailin! after the war# and

that conse9uently ,aci3ca was entitled to reco&er ,2#666 plus attorneys fees for the sum of,2#666. ence this appeal.

I**;E:six months after the war#>

the amounts mentioned. 8ut the important 9uestion# which o"&iously compelled the administratorto appeal# is whether the amounts should "e paid# peso for peso# or whether a reduction should "emade in accordance with the well?nown 8allantyne schedule.

This matter of payment of loans contracted durin! the 4apanese occupation has recei&ed theCourt@s attention in many liti!ations after the li"eration. The !ist of its ad7udications is that %& '(e)oa* +(ou), be a%, ,ur%* '(e Jaa*e+e o//ua'%o*" '(e Ba))a*'*e +/(e,u)e +(ou),a) %'( /orre+o*,%* re,u/'%o* o& '(e aou*'. oe3er" %& '(e )oa* a+ e4re++)

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aree, 'o be aab)e o*) a&'er '(e ar or a&'er )%bera'%o*" or be/ae aab)e a&'er'(o+e ,a'e+" *o re,u/'%o* /ou), be e5e/'e," a*, e+o-&or-e+o ae*' +(a)) beor,ere, %* P(%)%%*e /urre*/.

The 8allantyne Con&ersion Ta"le does not apply where the monetary o"li!ation# under the

contract# was not paya"le durin! the 4apanese occupation but until after one year counted for thedate of ratication of the Treaty of Peace concluding the Greater East Asia War. Arellano vs.DeDomin!o# 6 ,hil.# /62.B a promise to pay ,6#666 six months after the war# without interest.> And so of the other notes.

6A* a/7*o)e,e*' a be/oe a ro%+e b '(e a,,%'%o* o& or,+ b (%/( aro%+e o& ae*' %+ *a'ura)) %)%e," +u/( a+" 6aab)e"6 6aab)e6 o* a %3e* ,a"6aab)e o* ,ea*,"6 6a%, . . . (e* /a))e, &or"6 68o /o*+'%'u'e a oo, ro%++or*o'e" *o re/%+e or,+ o& /o*'ra/' are *e/e++ar" ro3%,e, '(e aou*'" %* )ea) e5e/'"'o a ro%+e 'o a. I* o'(er or,+" %& o3er a*, abo3e '(e ere a/7*o)e,e*' o& '(e,eb' '(ere a be /o))e/'e, &ro '(e or,+ u+e, a ro%+e 'o a %'" '(e %*+'rue*'a be rear,e, a+ a ro%++or *o'e. >Due A. 8. F20# paya"le on demand#> or# >Iacnowled!e myself to "e inde"ted to A in F6/# to "e paid on demand# for &alue recei&ed#> or# >IO. ;. FG0 to "e paid on =ay 0th#> are held to "e promissory notes# si!ni3cance "ein! !i&en towords of payment as indicatin! a promise to pay.>

Another ar!ument of the administrator is that as the deceased +uther -oun! did not si!n thesenotes# his estate is not lia"le for the same. This defense# howe&er# was not interposed in the lowercourt. It is now unfair to put up this new defense# "ecause had it "een raised in the court "elow#,aci3ca could ha&e pro&ed otherwise. It is now settled practice that on appeal a chan!e of theoryis not permitted.