TAJANLANGIT v SOUTHERN MOTORS

FACTS: Tajanlangit bought 2 tractors and a thresher from Southern Motors. They executed a
promissory note in payment thereof; it contained an acceleration clause. Tajanlangit failed to
pay any of the stipulated installments. Thus, Southern Motors sued him on the PN. The sheriff
levied upon the properties of Tajanlangit (same machineries) and sold them at a public auction
to satisfy the debt. Southern Motors now prayed for execution. Tajanlangit sought to annul the
writ of executionclaiming that since Southern Motors repossessed the machineries
(mortgaged), he was therefore relieved from liability on the balance of the purchase price.

ISSUE: W/N Tajanlangit is relieved from his obligation to pay

HELD: NO. While it is true that the foreclosure on the chattel mortgage on the thing sold bars
further action for the recovery of the balance of the purchase price, this does not apply in this
case since Southern did not foreclose on the mortgage but insteas sued based on the PNs
exclusively. That being the case, it is not limited to the proceeds of the sale on execution of the
mortgaged goods and may claim the balance from Tajanlangit.