Professional Documents
Culture Documents
ROBERT E. IRAN
Defendant,
On January 6, 2005, defendant came to the residence of the plaintiff requesting that he be allowed to
borrow Pesos: Fifty Thousand (P 50,000.00) for the purpose of using the money to pay for the hospital
Touched with his compassionate heart, plaintiff lent the aforesaid amount on the condition that he be
repayed on or before May 31, 2005 as provided for in the promissory note executed by the plaintiff.
On June 8, 2005, defendant received the demand letter from the plaintiff. Upon reading the demand
letter, in truth and in fact, defendant scampered to look for funds in order the settle the amount owed to the
plaintiff.
On June 10, 2005, defendant went to the residence of the plaintiff in order to effect payment.
However, the plaintiff was not physically around at that time. Defendant decided to tender the amount of
Pesos: Fifty Thousand (P 50,000.00) demanded from him to the plaintiff’s daughter, Ma. Cristina S. Bacalla,
of legal age, and living with plaintiff within the same abode. Receipt of the amount is evidenced by a written
However, plaintiff claims to have not received the payment from the defendant. Further, plaintiff is
insisting that there was a stipulation of interest of 5% per month which was not written on the face of the
promissory note executed by the defendant. Defendant claims otherwise as stipulated in the foregoing, hence
2)Whether or not interest charges may be legally imposed even in the absence of such provision on the face of
the promissory note executed by the defendant;
3)Whether or not the payment made to the daughter of the plaintiff who lives with him in the same abode is a
valid tender of payment as if it was made directly to the plaintiff therefore extinguishing the obligation.
WITNESSES TO BE PRESENTED
The testimonies of the witnesses would not consume more than 15 minutes on direct examination, and
RESPECTFULLY SUBMITTED.
Cebu City.
NOEL O. BACALLA
Attorney for the Defendant
6F Cebu Holdings Center, CBP
Cebu City /Tel no. 2315301
Roll no. 00079
IBP no. 00080 Jan. 1, 2005
PTR no.0000012 Jan. 1, 2005
Cebu City
Copy furnished by personal service:
Atty. Richard Z. Tenchavez
Counsel for the plaintiff
Unit 2 Carbon Market
Ermita, Cebu City