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Bernardo S. Du?gao, Et Al. Vs. Angel Roque, Et Al. 090 Phil 657

BERNARDO S. DU?GAO and MARIA GERVACIO BLAS, petitioners, vs. ANGEL ROQUE, ALFONSO ROQUE and JUSTINA ROQUE, respondents.

G.R. Nos. L-4140 and L-4141 | 1951-12-29

D E C I S I O N


TUASON, J.:

This is an appeal by certiorari from the Court of Appeals, which affirmed the decision of the Court of First Instance of Pampanga in a case involving the validity of a consignation and a case to foreclose a mortgage. By stipulation the two cases were consolidated for trial and decision.

The facts as found by the Appellate Court and the issues submitted before it are set forth in the following paragraphs:

"On September 23, 1941 Maria Gervacio Blas, of Malabon, Rizal, borrowed from Alfonso Roque the sum of P3,000 and from the latter's sister Justina Roque, the sum of P2,000 payable within 5 years from said...