COSMIC LUMBER COMPANY, INC., PLAINTIFF AND APPELLEE, VS. AGAPITA MANAOIS, DEFENDANT AND APPELLANT.

The defendant’s appeal from a judgment of the Court of First
Instance of Pangasinan, Fourth Branch, ordering her to pay the
plaintiff the sum of P4,147.74, lawful interest thereon from 24 March
1954 when the original complaint was filed until fully paid (civil case
No. 12902), was certified by the Court of Appeals to this Court for it
involves only a question of law.

As agreed upon by the parties, the facts are: On different-dates
from 10 November 1952 to 30 June 1953 the appellant bought, took
delivery and received from the appellee hardware goods, lumber and
construction materials valued at the total sum of P12,127.57 (par. 1,
stipulation of facts; Exhibits A to Z; AA to OO), and from 4 November
1952 to 10 March 1954 the appellant paid the appellee the total sum of
P6,979.83 which the latter credited to the former’s account (par. 3,
stipulation of facts; Exhibits PP, PP-1, QQ, QQ-1 to QQ-2). On 23
December 1954, after the original complaint had been filed by the
appellee (24 March 1954), the appellant paid the appellee the sum of
P1.000 which the latter also credited to the former’s account (par. 6,
stipulation of facts), thereby reducing her total indebtedness to
P4,147.74.

The appellant does not deny that she received the wares and
materials listed in the invoices (Exhibits A to Z and AA to OO), and
that she is still indebted to the appellee in the sum of P4,147.74. At
the hearing of the case on 4 June 1956, her counsel withdrew the
objection (filed earlier during the day) to the items listed in some of
the invoices (Minutes of the session of 4 June 1956). However, she
argues that as no time for payment was stipulated or fixed and from the
nature and the circumstances of the obligation it could be inferred
that a period was intended, the Court should fix the period for payment
pursuant to article 1197 of the new Civil Code.

The parties entered into a contract of sale on credit. In the
invoices (Exhibits A to Z and A A to OO) of the wares and materials
sold and delivered to the appellant, the words “credit sales” appear
and it is stated that—

All civil actions on this contract shall be
instituted in the courts of the City of Dagupan and it is hereby agreed
that all my/our purchases from this Company are payable in the said
City of Dagupan. It is agreed that if this bill is not paid within
______ ( ) days from date hereof I/we will pay interest at the rate of
10 per centum per annum on all overdue accounts. The buyer hereby
agrees to pay any and all attorney’s fees and court costs should the
seller institute legal action. Goods travel at buyer’s risk. No claim
of whatsoever nature will be considered after 24 hours from date of
delivery.

The parties intended to fix a period for payment of the appellant’s
obligation but failed to do so. Under article 1197 of the new Civil
Code, the Court may fix it. Taking into consideration that from 10
November 1952, the first sale, and 30 June 1953, the last sale, to the
present, more than six and nearly seven years already have elapsed, the
appellant who does not deny her obligation must be ordered to pay the
appellee the amount she still owes it within fifteen (15) days from the
date the judgment shall have become final.

With the slight modification just mentioned, the judgment appealed from is affirmed, with costs against the appellant.

Paras, C. J., Bengzon, Montemayor, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Endencia, Barrera, and Gutierrez David, JJ., concur.