G.R. No. 82233 March 22, 1990
Art. 1240 – Payment shall be made to person in whose
favor obligation has been constituted.
Facts:
·
The tricycle driven by the deceased Bienvenido Nacario figured in an
accident with a bus driven by Bitancor and owned and operated by Baritua.
·
No criminal case was ever instituted, but only extra-judicial
settlement.
·
The petitioners and bus insurer (Philippine First Insurance Company,
Inc.) negotiated Nacario's widow, who received P18,500.00.
·
The widow Alicia executed a "Release of Claim" and an
affidavit of desistance.
·
After more than one year, the respondents, who are the parents of the
deceased Nacario, filed a complaint against the petitioners to be indemnified
for the death of their son, for the funeral expenses incurred by reason
thereof, and for the damage for the tricycle which they (the private
respondents) only loaned to the victim.
·
The court a quo dismissed the complaint, but the CA
ruled that the release executed by Alicia did not discharge the liability of
the petitioners because she was not the one who suffered these damages arising
from the death of the respondents’ son.
Issue:
WoN
Alicia, the spouse and the
one who received the petitioners' payment, is entitled to it.
Held:
Yes, the Court holds that Alicia is entitled to the
payment for damages because she is among the persons to whom payment to extinguish an obligation should be
made as enumerated in Article 1240 of the Civil Code.
Art 1240. Payment shall
be made to the person in whose favor the obligation has been constituted, or
his successor in interest, or any person authorized to receive it.
Certainly there can be no question that Alicia
and her son with the deceased are the successors in interest referred to in law
as the persons authorized to receive payment. The petitioners therefore acted
correctly in settling their obligation with Alicia as the widow of Bienvenido
and as the natural guardian of their lone child.Thus, the petition is DENIED.
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