Arches v. Villarruz

ENDENCIA, J.:

This is an appeal from an order of the Court of First Instance of Capiz, dated September 18, 1953, dismissing the complaint filed in the above-entitled case, and from another order, dated November 14, 1953, denying the motion for reconsideration of the order of dismissal as well as the admission of an amendment complaint, but authorizing plaintiff Jose A. Arches to file a separate action against William Villarruz for the collection of the sums of money mentioned in the complaint. Plaintiff filed his complaint under Act No. 3688. He alleged therein William Villarruz entered into a contract with the Government of the Philippines for the construction of Ivisan Bridge and Approaches, Capiz Iloilo Road, Project No. PR-48 (1); that as required by law, William Villarruz together with the Visayan Surety & Insurance Corporation executed a surety bond whereby they agreed and severally to pay P16,871, Philippine currency, in favor of the government of the Philippines and to "any individual, firm, partnership, corporation, William Villarruz, with labor and materials may be used in the construction of said bridge"; that "defendant contractor William Villarruz, as principal, on various times and on various occasions prior thereto had obtained money from the plaintiff Jose A. Arches and paid for labor and materials to help finance the construction and completion of his specific contract work with the Government, Project No. PR-48 (1) Ivisan Bridge and Approaches, Capiz-Iloilo Road, as follows: a.

To principal of promissory note, dated July 16, 1950, in the sum of P8,400.00 To interest on the same from July 16, 1950, at the rate of 10% per annum, to this date, January 16, 1952, or 1,260.00 b. To principal of promissory note, dated December 4, 1950, in the sum of 1,397.00 To interest on the same from December 4, 1950, at the rate of 10% per annum, to this date, January 4, 1952, or 150.00. c.

To principal of promissory note, dated January 16, 1951, in the sum of 1,092.00 To interest on the same from January 16, 1951, at the rate of 10% per annum to this date, January 16, 1952, or 109.00 d. To principal of promissory note, dated February 19, 1951, in the sum of 645.00 To interest on the same from February 19, 1951, at the rate of 10% per annum, to this date, January 19, 1952, or 55.00 e. To principal of promissory note, dated April 19, 1951, in the sum of 1,300.00 To interest on the same from April 19, 1951, at the rate of 10% per annum, to this date, January 19, 1952, or 96.00 TOTAL