Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1909 > February 1909 Decisions > G.R. No. 5029 April 1, 1909 - JOSE MCMICKING v. EL BANCO ESPANOL FILIPINO

013 Phil 429:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 5029. April 1, 1909. ]

JOSE MCMICKING, sheriff of the city of Manila, Plaintiff-Appellee, v. EL BANCO ESPANOL-FILIPINO, ET AL., Defendants. — MANUEL AYALA, Appellant.

Rosado, Sanz & Opisso,, for Appellant.

Ortigas & Fisher, for Appellee.

SYLLABUS


1. SHIPS AND SHIPPING; STATUTORY LIENS IN FAVOR OF CREW. — Article 646 of the Code of Commerce creates a statutory lien upon a ship in favor of the crew engaged in operating the same, and this lien takes certain preference in accordance with the provisions of article 580. The wages due the crew and the expenses incurred in maintaining the vessel during the last voyage constitute a lien which takes preference over a lien created by pledging the ship as security for money borrowed. But there is no provision of law which authorizes the use of funds received from the sale of a mortgaged vessel to pay prior liens.

2. PLEADING AND PRACTICE; ACTION BY REAL PARTY IN INTEREST; ASSIGNMENT OF ACTIONS. — Under section 114 of the Code of Civil Procedure only the real party in interest may sue. This section, however, recognizes the assignment of rights of action and also recognizes that when one has such a right assigned to him he is then the real party in interest and may maintain an action upon such claim or right. Said section, however, should not be construed to prohibit the maintenance of an action by one who is legally authorized to represent the real parties in interest, when brought in the name of the latter.


D E C I S I O N


JOHNSON, J. :


From the record the following facts appear.

First. That prior to the 21st day of February, 1907, one Sanchez and one Cue Suan as a sociedad en comandita were the owners of certain steamship, known as the Hock-Tay.

Second. That on the 21st day of February, 1907, the said sociedad borrowed from El Banco Espanol-Filipino the sum of P30,000 at 8 per cent per annum from the 21st day of September, 1907, until paid, and gave as security for the payment of said sum a chattel mortgage executed and delivered in accordance with Act No. 1508 of the Philippine Commission.

Third. That said mortgage was duly recorded in the office of the collector of customs of the port of Manila on the 27th day of February, 1907, in the record of conveyances of titles, mortgages and hypothecations of vessels documented at said port

Fourth. That said mortgage was duly recorded in the office of the register of property of the city of Manila on the 13th day of September, 1907, in accordance with the provisions of section 4 of said Act (No. 1508).

Fifth. That, upon the 10th day of October, 1907, El Banco Espanol-Filipino caused to be delivered to the sheriff of the city of Manila the said chattel mortgage on the said steamer, Hock-Tay, together with notice that the terms of said mortgage had been broken by the mortgagors, and requested that the sheriff sell said mortgaged property in accordance with the provisions of section 14 of said Act (No. 1508).

Sixth. The sheriff gave notice to said mortgagors of said request on the part of the said mortgagee (El Banco Espanol-Filipino) and that said ship would be sold in accordance with the law.

Seventh. That due notice was given of the sale of said mortgaged property (the Hock-Tay) in accordance with the provisions of said Act.

Eighth. That the date fixed for the sale of said property was the 27th day of October, 1907.

Ninth. That, upon the 27th day of October, 1907, Manuel Ayala served upon the said sheriff the following notice:jgc:chanrobles.com.ph

"MANILA, October 26, 1907.

"To the Sheriff of the City of Manila.

"SIR: As captain of the steamer Hock-Tay, the judicial sale of which has been advertised by you for the 28th instant, at 9 o’clock, a. m., I make demand upon you not to deliver to the Banco Espanol-Filipino the sum of P4,441.92, which is the amount of the wages of the crew and expenses of supplies now owing, and which, in accordance with the Code of Commerce, constitute preferred claims; I make this claim in writing and under oath, as shown by the attached affidavit.

"Very respectfully,

"(Signed) MANUEL AYALA."cralaw virtua1aw library

The attached affidavit is as follows:jgc:chanrobles.com.ph

"CITY OF MANILA, PHILIPPINE ISLANDS, ss. :jgc:chanrobles.com.ph

"Manuel Ayala, being first duly sworn, says that he is the holder of a captain’s license authorizing him to command vessels of any tonnage in Philippine waters; that he is at the present time captain of the steamer Hock-Tay, registered in the port of Manila, P. I. That the said steamer Hock-Tay has been attached by the sheriff of Manila, who has announced the judicial sale thereof of the 28th instant to satisfy a credit with article 580 of the Code of Commerce, the money due to the captain and other members of the crew for salaries is entitled to preference over the claim of the bank; that the amounts owing by the ship for her equipment and provisions are also entitled to preference; that the wages due the captain and crew as shown by the shipping articles and account books of the vessel amount to the sum of P2,840.19; that the sum of P1,601.73 is now owing to the affiant for provisions, equipment and supplies furnished the vessel and expended during her last voyage upon proper authority.

"(Signed) MANUEL AYALA.

"Subscribed and sworn to before me, etc."cralaw virtua1aw library

Tenth. On the 27th day of October, 1907, the steamer was sold to the highest bidder for cash for the sum of P30,000.

On the 30th day of October, 1907, the sheriff of the city of Manila filed a complaint in the Court of First Instance of the city of Manila in which the foregoing facts were, in substance, alleged, which complaint concluded with the following prayer:jgc:chanrobles.com.ph

"The plaintiff asks the court:jgc:chanrobles.com.ph

"1. That the defendants be requested to interplead their respective rights to said funds.

"2. That, upon the delivery of the said funds to such person or persons ordered by the court, the plaintiff be relieved of any responsibility as to all the defendants in connection with said funds; and

"3. That the plaintiff be granted any other remedy which the court may deem just and equitable."cralaw virtua1aw library

To this complaint the defendant Manuel Ayala answered and alleged his claim or lien which he held against the said ship Hock-Tay. On the 9th day of November, 1907, the defendant El Banco Espanol-Filipino presented its answer in which it attempted to show that neither the said Sanchez Et. Al., nor the said Manuel Ayala had any right whatever to participate in the proceeds of the sale of said ship by said sheriff, and claimed that all of the money except the legal expenses should be paid to said bank. The record does not disclose whether or not the said sociedad en comandita filed an answer in said cause.

Upon the 4th day of August, 1908, the attorneys for El Banco Espanol-Filipino and for the said Manuel Ayala entered into an agreement in the words and figures following:jgc:chanrobles.com.ph

"For the purposes of this suit it is hereby stipulated between the representatives of the Banco Espanol-Filipino and of Captain Don Manuel Ayala, as follows:jgc:chanrobles.com.ph

"First. That the facts alleged in the paragraphs 1, 2, 4, 5, 6, 7, 8, and 9 of the complaint of interpleader filed in these proceedings by J. McMicking, as sheriff of the city of Manila, are true.

"Second. That it is true that the mortgage deed of the steamer Hock-Tay, which appears literally copied in paragraph 5 of the said complaint, was duly recorded by the Banco Espanol-Filipino in the office of the collector of customs of Manila, on the 27th day of February, 1907, and in the registry of chattel mortgages of the city of Manila on the 13th day of September, 1907.

"Third. That the limited partnership named "Sanchez y Cue Sang," sociedad en comandita, was the owner of the aforesaid steamer Hock-Tay at the date on which the representative of that partnership executed the mortgage deed of said steamer in favor of the Banco Espanol-Filipino.

"Fourth. That there is no credit, arising from the maintenance of the steamer Hock-Tay, recorded in the mercantile registry in favor of Captain Ayala.

"Fifth. That the last voyage of the steamer Hock-Tay prior to her sale by virtue of the mortgage executed by the partnership owner of the same in favor of the Banco Espanol-Filipino, began on the 12th of September, 1907, and ended on the 29th of September of the same year.

"Sixth. That the allegations contained in paragraphs 1, 2, 5, 6, and 7 of the answer of Manuel Ayala are true.

"Seventh. That Captain Manuel Ayala was the one who collected from the agents "Sanchez y Cue Sang," sociedad en comandita, the wages of the crew hired by him and who distributed the same among them, the said crew having nothing to do with the ship’s agents whom they did not know and with whom they made no contract except through Captain Ayala.

"Eighth. That the officers and crew of the steamer Hock-Tay, the same as all those belonging to the coastwise trade of these Islands, were hired upon a monthly salary with food and drink.

"Ninth. That Inchausti & Co., as charterers of the steamer Hock-Tay, paid to Manuel Ayala, during the month of September, 1907, all the expenses for subsistence, with the exception of those corresponding to the maintenance of the officers and crew, and that the balances appearing in Exhibits C and D, attached to the answer of Manuel Ayala, only refer to the food and drink of the officers and crew

"Tenth. That the firm of H. J. Andrews & Co. was the authorized agent of the partnership "Sanchez y Cue Sang," sociedad en comandita, the owner of the steamer Hock-Tay, and that G. Andrews was authorized to represent the firm of H. J. Andrews & Co.

"Eleventh. That the days of service of the crew and officers referred to in the statement contained in Exhibit B, attached to the answer of Captain Manuel Ayala, are intended to correspond to a number of successive days from the 1st day of October, 1907.

"Twelfth. That the port of Manila was, during all the dates referred to in his suit, the port of entry of the steamer Hock-Tay.

"Thirteenth. That on the date of the sale of the steamer Hock-Tay, under the mortgage executed by the partnership owner of the said vessel in favor of the Banco Espanol-Filipino, the amount of the lien created on said vessel in favor of the mortgage creditor was the sum of thirty thousand (P30,000) pesos, Philippine currency, with the interest thereon at the rate of 8 per cent per year, from the 21st of September, 1907, the date of the last payment of interest.

"The respective parties signing this stipulation pray the court to render a decision in the case in accordance with the facts contained herein, respectively waiving the submission of other evidence.

"Manila, August 4, 1908

(Signed) "Ortigas & Fisher,

"Attorneys for the Banco Espanol-Filipino.

(Signed) "Rosado, Sanz & Opisso,

"Attorneys for Don Manuel Ayala."cralaw virtua1aw library

Upon this agreed statement of facts the cause was submitted to the lower court and after due consideration of the facts that court rendered a judgment upon the 29th day of September, 1908, the dispositive part of which was in the words following:jgc:chanrobles.com.ph

"The court therefore finds that there is due the defendant Ayala from the proceeds of the sale of the vessel and in preference to the claim of the mortgagee the said sum of P756.66. It is therefore considered and adjudged that the judgment herein of January 20, 1908, be and the same is hereby vacated and that the sheriff of Manila, out of the proceeds of the sale of said vessel as reported by him, pay to the defendant Manuel Ayala the said sum of P756.66, and that the balance of said proceeds less the costs of this proceeding be paid to the mortgagee, the Banco Espanol-Flipino."cralaw virtua1aw library

From the decision of the lower court the defendant Manuel Ayala duly appealed and made the following assignments of error:jgc:chanrobles.com.ph

"The Court of First Instance of Manila, in rendering judgment in the above entitled case, committed error:jgc:chanrobles.com.ph

"I. In considering the credit of the Banco Espanol-Filipino as unquestionably a mortgage credit, in a suit in which the adverse party in interest is not the debtor, but a third party.

"II. In not acknowledging the lien existing in favor of all the credits claimed by the Appellant.

"III. In making, for the purposes of compliance with a mercantile contract, computations of time which violate the provisions of articles 57 and 60 of the Code of Commerce, giving to article 646 of the same code a restrictive construction which leads to an absurdity.

"IV. In giving to the food and drink of the crew, who give their services for salary and maintenance, a distinct character of salary or rent like an industrial contract of lease.

"V. In not granting the appellant Ayala the wages corresponding to the subordinate crew employed by him on the ship, and who are unable to claim, by themselves, their salaries, on account of the small amount of the same and the wandering character of the life imposed upon them by their occupation.

"VI. In granting the credit of the Banco Espanol-Filipino a preference over a great part of those claimed by the appellant Ayala, which were expenses incurred for the maintenance and benefit of the vessel during the existence of the mortgage in favor of the bank."cralaw virtua1aw library

El Banco Espanol-Filipino did not appeal from the judgment of the lower court and therefore whatever error may have been committed by the lower court to the prejudice of the said bank can not now be considered.

The Claim of the defendant Manuel Ayala is based upon the theory that the wages of the crew and expenses incurred for the ship and furnishing supplies for the same have a preference over the claim of the other defendant, El Banco Espanol-Filipino. The defendant, the said Ayala, evidently bases his claim upon the provisions of articles 580 and 646 of the Code of Commerce. Article 580 is as follows:jgc:chanrobles.com.ph

"In all judicial sales of vessels for the payment of creditors, the following shall have preference in the order stated:jgc:chanrobles.com.ph

"1. The credits in favor of the public treasury which are accounted for by means of a judicial certificate of the competent authority.

"2. The judicial costs of the proceedings, according to an appraisement approved by the judge or court.

"3. The pilotage charges, tonnage dues, and the other sea or port charges, proven by means of proper certificates of the officers intrusted with the collection.

"4. The salaries of the caretakers and watchmen of the vessel and any other expense connected with the preservation of said vessel, from the time of arrival until her sale, which appear to have been paid or are due by virtue of a true account approved by the judge or court.

"5. The rent of the warehouse where the rigging and stores of the vessel have been taken care of, according to contract.

"6. The salaries due the captain and crew during their last voyage, which shall be vouched for by virtue of the liquidation made from the shipping articles and account books of the vessel, approved by the chief of the bureau of merchant marine where there is one, and in his absence by the counsel, or judge, or court.

"7. The reimbursement for the goods of the freight the captain may have sold in order to repair the vessel, provided the sale has been ordered by a judicial instrument executed with the formalities required in such cases, and recorded in the certificate of the registry of the vessel.

"8. The part of the price which has not been paid the last vendor, the credits pending for the payment of material and work in the construction of the vessel, when it has not navigated, and those arising from the repair and equipment of the vessel and its provisioning with victuals and fuel during its last voyage.

"In order that said credits may enjoy the preference contained in this number, they must appear by contracts recorded in the commercial registry, or if they were contracted for the vessel while on a voyage and said vessel has not returned to the port where she is registered, they must be proven with the authority required for such cases and entered in the certificate of the record of said vessel.

"9. The amounts borrowed on bottomry bonds before the departure of the vessel, proven by means of the contracts executed according to law and recorded in the commercial registry, the amounts borrowed during the voyage with the authority mentioned in the foregoing number, filling the same requisites, and the insurance premium, proven by the policy of the contract or certificate taken from the books of the broker.

"10. The indemnity due the shippers for the value of the goods shipped, which were not delivered to the consignees, or for averages suffered for which the vessel is liable, provided either appear in a judicial or arbitration decision."cralaw virtua1aw library

By reference to paragraph 6 of said article 580, as above quoted, it is seen that in all judicial sales of vessels the salaries due the captain and the crew during the last voyage shall be paid in accordance with the preferences mentioned in said article out of the proceeds of said ship. Article 646 of said Code of Commerce provides:jgc:chanrobles.com.ph

"The vessel with her engines, rigging, equipment, and freights shall be liable for the pay earned by the crew engaged per month or for the trip, the liquidation and payment to take place between one voyage and the other.

"After a new voyage has been undertaken, credits such as the former shall lose their right of preference."cralaw virtua1aw library

This article creates a lien upon a ship in favor of the crew engaged in the operation of the same and this lien in favor of the crew takes certain preference in accordance with the provisions of said article 580. The wages due the crew and expenses incurred in maintaining the ship during the last voyage constitute a lien under the law and take preference over a lien created by giving the ship as security for money borrowed. The crew, therefore, under article 580 of the Commercial Code, for their wages, etc., for the last voyage, have a prior lien upon a ship, to the lien created in the present case by the chattel mortgage. Liens in favor of the crew under these circumstances are known as legal liens and whoever buys a ship or loans money and takes a chattel mortgage as security, takes the ship subject to such prior liens. In the present case the said mortgage was executed and delivered in accordance with the provisions of Act No. 1508 of the Philippine Commission. The ship was sold by the sheriff of the city of Manila in accordance with the provisions of section 14 of that Act. Section 14 provides the method of disposing of the funds received under such a sale. The method is as follows:jgc:chanrobles.com.ph

"The proceeds of such sale shall be applied to the payment, (1) of the cost and expenses of keeping and sale; (2) to the payment of the demand or obligation secured by such mortgages; (3) the residue shall be paid to persons holding subsequent mortgages in their order and (4) the balance shall be paid to the mortgagor or person holding under him or demand."cralaw virtua1aw library

It will be seen that there is no provision in the law for using the funds received in the sale of mortgaged property for the payment of amounts due on prior liens. The reason is plain why no such provision was made. It is that in no case can such a sale or a sale based upon the second mortgage or lien upon property affect in any way prior liens. To illustrate: Suppose that "A held a mortgage against the ship in question, executed, delivered a recorded prior to the date of the mortgage executed, delivered, and recorded to and by El Banco Espanol-Filipino. Certainly the sale of the ship under the mortgage in favor of the second mortgage could in no way affect the rights which "A" held against the ship and the purchaser under the sale of the mortgage in favor of Banco Espanol-Filipino would take the ship subject to the claim which "A" held against the same. The lien which Manuel Ayala and the other members of his crew held against the said ship were exactly analogous to the claims of "A" in the above illustration. Therefore the sale of the ship under the mortgage in question in no way divested the line which the law created in favor of the said Manuel Ayala and his crew against the ship in question. His remedy is, therefore, not against the money which was received under said sale, but against the ship by foreclosing his lien against the same. It is true that under a sale of personal property in accordance with section 14 of said Act, the sheriff has a right to pay the costs and expenses of keeping and sale, but we are not of the opinion that this relates to the cost of keeping and maintaining the ship prior to the time when the sheriff takes possession of it for the purpose of selling the same.

The Code of Commerce refers to two methods of sale: one a judicial and the other a voluntary sale. Article 580 provides how the funds received from a judicial sale shall be distributed and for the cancellation of liens held against the ship. But it can not be contended, even under the provisions of article 583, that the mere fact that a ship has been sold under a judicial sale, the rights of prior lien holders, who were not parties to the procedure under which such sale took place, were foreclosed. The rights of persons not parties to a proceeding can not be affected thereby. Article 582 gives a certain time within which the creditors shall present and enforce their liens when the sale is a voluntary one. Article 579 and 584 provide a method of collecting or enforcing not only the liens created under section 580 but also for the collection of any other kind of lien whatsoever.

The appellant alleges that the lower court committed an error in not allowing Manuel Ayala to collect the amount due the other members of the crew. The lower court denied the right of Ayala to collect the amount the amount due the other members of the crew upon the theory that he was not the real person in interest and was not, therefore, permitted to collect the amount under section 114 of the Code of Procedure in Civil Actions. The lower court allowed Ayala to collect the amount that was due him, as well as the amount which was due other members of the crew and which had been assigned to him. With reference to the amounts which had been assigned to him he was the real party in interest and, if he was entitled to recover at all he was entitled to recover not only what was due him but what had been assigned to him. But under no theory could be recover the amount due to the other members of the crew whose claims had not been assigned to him. Said section 114 of the Code of Procedure in Civil Actions expressly provides that every action must be prosecuted in the name of the real party in interest. This section of the code recognizes the assignments of rights of action and also recognizes that when one has a right of action assigned to him he is then the real party in interest and may maintain an action upon such claim or right. The purpose of section 114 is to require the plaintiff to be the real party in interest, or, in other words, he must be the person to whom the proceeds of the action shall belong, and to prevent actions by persons who have no interest in the result of the same. Of course the said section can not be construed to prohibit the maintenance of an action by one who is legally authorized to represent the real parties in interest.

In view of the fact that the defendant El Banco Espanol-Filipino did not appeal from the judgment of the lower court in which the defendant Manuel Ayala was allowed the sum of P756.66 out of the proceeds of the sale, we make no change in the result of the decision in the lower court.

For all of the foregoing reasons, the judgment of the lower court is hereby affirmed, without any special finding as to costs.

Arellano, C.J. Torres, Mapa and Carson, JJ., concur.




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  • G.R. No. 3643 March 23, 1909 - AMBROSIA POSTIGO v. DOLORES BORJAL

    013 Phil 240

  • G.R. No. 3683 March 23, 1909 - MARIANO PERFECTO v. MUNICIPALITY OF GUINOBATAN

    013 Phil 245

  • G.R. No. 4275 March 23, 1909 - PAULA CONDE v. ROMAN ABAYA

    013 Phil 249

  • G.R. No. 4610 March 23, 1909 - AGUSTIN GA. GAVIERES v. FLORA BROTO

    013 Phil 266

  • G.R. No. 4891 March 23, 1909 - SOFIA DEVESA v. CRISPIN ARBES

    013 Phil 273

  • G.R. No. 5045 March 23, 1909 - GUILLERMO BOWLER v. PASTRO ALCAZAR

    013 Phil 282

  • G.R. No. 4796 March 25, 1909 - UNITED STATES v. SILVERIO PEREZ, ET AL.

    013 Phil 287

  • G.R. No. 4912 March 25, 1909 - UNITED STATES v. EMILIA GUY-SAYCO

    013 Phil 292

  • G.R. No. 5008 March 25, 1909 - IN RE: MANUELA AMANCIO TOMAS, ET AL. v. JORGE PARDO

    013 Phil 297

  • G.R. No. 3413 March 27, 1909 - POMPOSA BONJOC, ET AL. v. CANDELARIO CUISON

    013 Phil 301

  • G.R. No. 3876 March 27, 1909 - RUFINA YATCO v. JESUALDO GANA

    013 Phil 305

  • G.R. No. 4053 March 27, 1909 - IN RE: SERAFIN CANO URQUISA

    013 Phil 315

  • G.R. No. 4575 March 27, 1909 - TEODORICA ENDENCIA CUSAR v. INSULAR GOVERNMENT

    013 Phil 319

  • G.R. No. 4783 March 27, 1909 - LUCIO J. BUZON v. INSULAR GOVERNMENT, ET AL.

    013 Phil 324

  • G.R. No. 4799 March 27, 1909 - AGRIPINO SEGOVIA v. PROVINCIAL BOARD OF ALBAY, ET AL.

    013 Phil 331

  • G.R. No. 4825 March 27, 1909 - UNITED STATES v. BERNARDO SANCHEZ

    013 Phil 337

  • G.R. No. 4882 March 27, 1909 - RUPERTO MONTINOLA v. LUCRECIO HOFILENA, ET AL.

    013 Phil 339

  • G.R. No. 4937 March 27, 1909 - CRISPULO SIDECO v. FRANCISCO PASCUA

    013 Phil 342

  • G.R. No. 4946 March 27, 1909 - MANILA RAILROAD COMPANY v. MARIA DEL CARMEN RODRIGUEZ, ET AL.

    013 Phil 347

  • G.R. No. 4966 March 27, 1909 - LUCIO BUZON v. MAXIMO LICAUCAO, ET AL.

    013 Phil 354

  • G.R. No. 5074 March 27, 1909 - VICENTA FRANCO v. C. W. O’BRIEN

    013 Phil 359

  • G.R. No. 4192 March 29, 1909 - DAVID SALVACION v. EUSTAQUIO SALVACION

    013 Phil 366

  • G.R. No. 4559 March 29, 1909 - TOMAS S. GUISON v. INSULAR GOVERNMENT

    013 Phil 374

  • G.R. No. 4952 March 29, 1909 - TOMAS OLINO v. MARIANO MEDINA

    013 Phil 379

  • G.R. No. 4329 March 30, 1909 - UNITED STATES v. EPIFANIO MAGCOMOT, ET AL.

    013 Phil 386

  • G.R. No. 4226 March 31, 1909 - LA COMPANIA GENERAL DE TABACOS DE FILIPINAS v. CANDIDA OBED, ET AL.

    013 Phil 391

  • G.R. No. 4380 March 31, 1909 - UNITED STATES v. ESTANISLAO ANABAN, ET AL.

    013 Phil 398

  • G.R. No. 4462 March 31, 1909 - UNITED STATES v. AGRIPINO ZABALLERO, ET AL.

    013 Phil 405

  • G.R. No. 4705 March 31, 1909 - UNITED STATES v. ANTONINA LAMPANO, ET AL.

    013 Phil 409

  • G.R. No. 4885 March 31, 1909 - UNITED STATES v. VIDAL ROLDAN

    013 Phil 415

  • G.R. No. 4894 March 31, 1909 - GEO WHALEN v. PASIG IRON WORKS

    013 Phil 417

  • G.R. No. 4911 March 31, 1909 - UNITED STATES v. AGUSTIN CONCEPCION, ET AL.

    013 Phil 424

  • G.R. No. 5029 April 1, 1909 - JOSE MCMICKING v. EL BANCO ESPANOL FILIPINO

    013 Phil 429

  • G.R. No. 4957 April 2, 1909 - MIGUEL PASCUAL v. MACARIO ANGELES, ET AL.

    013 Phil 441

  • G.R. No. 4992 April 2, 1909 - AGUSTIN GA. GAVIERES v. ADMINISTRATORS OF LUIS PENA, ET AL.

    013 Phil 449

  • G.R. No. 5012 April 2, 1909 - GOVERNMENT OF U.S. IN THE PHIL. ISLANDS v. PERDO CARMEN, ET AL.

    013 Phil 455

  • G.R. No. 4129 April 12, 1909 - ESTEBAN BERSABAL v. ANTONIO BERNAL

    013 Phil 463

  • G.R. No. 4130 April 12, 1909 - REFINO BANES, ET AL. v. JACINTO CORDERO, ET AL.

    013 Phil 466

  • G.R. No. 4454 April 12, 1909 - EX PARTE JUAN ONDEVILLA, ET AL.

    013 Phil 470

  • G.R. No. 4501 April 12, 1909 - LA COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. ROMANA GANSON

    013 Phil 472

  • G.R. No. 4922 April 12, 1909 - UNITED STATES v. EULOGIO REYES CARRILLO

    013 Phil 479

  • G.R. No. 4502 April 13, 1909 - LA COMPANIA GENERAL DE TABACOS DE FILIPINAS v. ROMANA GANZON

    013 Phil 481

  • G.R. No. 3075 April 14, 1909 - ROMAN CATHOLIC APOSTOLIC CHURCH v. PROVINCE OF OCCIDENTAL NEGROS

    013 Phil 486

  • G.R. No. 4394 April 19, 1909 - FRANCISCO T. FIGUERAS v. ROCHA & CO.

    013 Phil 504

  • G.R. No. 4704 April 26, 1909 - UNITED STATES v. JOAQUIN GIL

    013 Phil 530

  • G.R. No. 4999 May 13, 1909 - UNITED STATES v. MELECIO VARGAS

    013 Phil 554

  • G.R. No. 4895 June 15, 1909 - GOVERNMENT OF THE PHIL. v. W. O. BINGHAM, ET AL.

    013 Phil 558

  • G.R. No. 4773 July 13, 1909 - MANILA BUILDING and LOAN ASSOCIATION, ET AL.

    013 Phil 575

  • G.R. No. 4960 July 17, 1909 - UNITED STATES v. CIRIACO HERRERA

    013 Phil 583

  • G.R. No. 4290 July 21, 1909 - ROBERT V. DELL v. MANILA ELECTRIC RAILROAD AND LIGHT COMPANY

    013 Phil 585

  • G.R. No. 4881 July 24, 1909 - JOSE LIM v. DOMINGO LIM

    013 Phil 605

  • G.R. No. 1917 July 26, 1909 - CATALINIBALDERAMA v. LA COMPANIA GENERAL DE TABACOS DE FILIPINAS, ET AL.

    013 Phil 609

  • G.R. No. 5190 July 28, 1909 - UNITED STATES v. JOSE CONSUELO

    013 Phil 612

  • G.R. No. 5109 July 31, 1909 - UNITED STATES v. PEDRO BARBICHO

    013 Phil 616

  • G.R. No. 2905 August 3, 1909 - LA VIUDA DE SOLER v. AURELIO RUSCA.

    013 Phil 622

  • G.R. No. 3228 August 3, 1909 - UNITED STATES ET AL. v. WENCESLAO MERCADO, ET AL.

    013 Phil 624

  • G.R. No. 4163 August 4, 1909 - ED BANCO ESPAÑOL-FILIPINO v. FULGENCIO TAN-TONGCO, ET AL.

    013 Phil 628

  • G.R. No. 2894 August 5, 1909 - JOSE LASERNA TUPAZ v. RAFAEL LOZADA

    013 Phil 654

  • G.R. No. 5114 August 5, 1909 - UNITED STATES v. BARTOLOME ARREGLADO

    013 Phil 660

  • G.R. No. 2085 August 10, 1909 - TIBURCIO SAENZ v. FIGUERAS HERMANOS

    013 Phil 666

  • G.R. No. 5154 August 12, 1909 - UNITED STATES v. PEDRO SUPILA

    013 Phil 671

  • G.R. No. 3666 August 17, 1909 - CITY OF MANILA v. FRANCISCO GAMBE

    013 Phil 677

  • G.R. No. 5184 August 17, 1909 - UNITED STATES v. PLATON IBAÑEZ

    013 Phil 686

  • G.R. No. 343 August 18, 1909 - UNITED STATES v. DANIEL RIOTA, ET AL.

    014 Phil 1

  • G.R. No. 4378 August 18, 1909 - CHAN KEEP, ET AL. v. LEON CHAN GIOCO, ET AL.

    014 Phil 5

  • G.R. No. 4507 August 18, 1909 - MACARIA MANUEL, ET AL. v. FRIDOLIN WIGETT, ET AL.

    014 Phil 9

  • G.R. No. 4859 August 18, 1909 - MANUEL JIMENO, ET AL. v. LOPE GACILAGO

    014 Phil 16

  • G.R. No. 5071 August 18, 1909 - UNITED STATES v. ALEJANDRO CAS

    014 Phil 21

  • G.R. No. 5111 August 18, 1909 - UNITED STATES v. VICENTE REYES, ET AL.

    014 Phil 27

  • G.R. No. 5220 August 18, 1909 - UNITED STATES v. MIGUEL PINDONG, ET AL.

    014 Phil 31

  • G.R. No. 5235 August 18, 1909 - UNITED STATES v. ESTEBAN CELESTINO, ET AL.

    014 Phil 34

  • G.R. No. 5110 August 19, 1909 - UNITED STATES v. FABIANA LEGASPI, ET AL.

    014 Phil 38

  • G.R. No. 4045 August 23, 1909 - ILDEFONSO DORONILA v. GRACIANO GONZAGA

    014 Phil 42

  • G.R. No. 4674 August 23, 1909 - UNITED STATES v. VICTORIANO PANALIGAN

    014 Phil 46

  • G.R. No. 3377 August 24, 1909 - BONIFACIO PIMENTEL v. EUGENIO GUTIERREZ

    014 Phil 49

  • G.R. No. 4918 August 26, 1909 - FELICIANA DARIANO v. JOSE FERNANDEZ FIDALGO

    014 Phil 62

  • G.R. No. 3989 August 28, 1909 - LI HANG SHEONG v. VENANCIO C. DIAZ

    014 Phil 68

  • G.R. No. 4426 August 28, 1909 - UNITED STATES v. BENITO FILOTEO

    014 Phil 73

  • G.R. No. 5292 August 28, 1909 - UNITED STATES v. MORO MANALINDE

    014 Phil 77

  • G.R. No. 5153 September 1, 1909 - UNITED STATES v. BARTOLOME MIJARES

    014 Phil 83

  • G.R. No. 5171 September 1, 1909 - UNITED STATES v. LAO LOCK HING

    014 Phil 86

  • G.R. No. 5126 September 2, 1909 - UNITED STATES v. CATALINO APOSTOL

    014 Phil 92

  • G.R. No. 3862 September 6, 1909 - JUAN G. BOSQUE v. YU CHIPCO

    014 Phil 95

  • G.R. No. 4437 September 9, 1909 - TOMAS OSMEÑA v. CENONA RAMA

    014 Phil 99

  • G.R. No. 4471 September 9, 1909 - DAMASA SEGUI v. CANDIDO SEGUI

    014 Phil 102

  • G.R. No. 5273 September 9, 1909 - FRANCISCA JOSE v. WENCESLAUA DAMIAN

    014 Phil 104

  • G.R. No. 5067 September 11, 1909 - UNITED STATES v. CORNELIO MANALO

    016 Phil 654

  • G.R. No. 5618 September 14, 1909 - IN RE: H. G. SMITH

    014 Phil 112

  • G.R. No. 4177 September 15, 1909 - AGATON ARANETA v. BRAULIO MONTELIBANO

    014 Phil 117

  • G.R. No. 4235 September 15, 1909 - SANTIAGO TIN FIAN v. PABLO TAN

    014 Phil 126

  • G.R. No. 4963 September 15, 1909 - UNITED STATES v. GO CHICO

    014 Phil 128

  • G.R. No. 5156 September 15, 1909 - UNITED STATES v. SEBASTIAN MISOLA

    014 Phil 142

  • G.R. No. 5165 September 15, 1909 - GERVASIO UNSON v. SEGUNDO ABRERA

    014 Phil 146

  • G.R. No. 5185 September 15, 1909 - UNITED STATES v. BENITO MENESES

    014 Phil 151

  • G.R. No. 5150 September 16, 1909 - UNITED STATES v. MARCIANO LOPEZ

    014 Phil 155

  • G.R. No. 4236 September 18, 1909 - SANTIAGO TIU FIAN v. HILARIO YAP

    014 Phil 158

  • G.R. No. 4445 September 18, 1909 - CATALINA BUGNAO v. FRANCISCO UBAG, ET AL.

    014 Phil 163

  • G.R. No. 4609 September 18, 1909 - QUE YONG KENG v. RAFAEL TAN QUICO

    014 Phil 173

  • G.R. No. 4694 September 18, 1909 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. MUN. OF ROSARIO

    014 Phil 176

  • G.R. No. 4887 September 18, 1909 - UNITED STATES v. NICOLAS JAVELLANA, ET AL.

    014 Phil 186

  • G.R. No. 4973 September 18, 1909 - UNITED STATES v. BERNABE CATIPON, ET AL.

    014 Phil 188

  • G.R. No. 5003 September 18, 1909 - UNITED STATES v. FELIX DE JESUS

    014 Phil 190

  • G.R. No. 5262 September 18, 1909 - FRANCISCO ROSA HERNANDEZ, ET AL. v. MELECIO PADUA, ET AL.

    014 Phil 194

  • G.R. No. 4263 September 22, 1909 - UNITED STATES v. ESTEFANIA MENDOZA, ET AL.

    014 Phil 198

  • G.R. No. 4837 September 22, 1909 - FRANCISCO IMPERIAL v. JOSE ALEJANDRE

    014 Phil 203

  • G.R. No. 4234 September 23, 1909 - RUPERTA ORAIS v. JACINTA ESCAÑO

    014 Phil 208

  • G.R. No. 4759 September 23, 1909 - SEBASTIAN CABILLAS v. ALFONSO APDUHAN, ET AL.

    014 Phil 213

  • G.R. No. 4971 September 23, 1909 - UNITED STATES v. AUGUSTUS HICKS

    014 Phil 217

  • G.R. No. 5194 September 23, 1909 - CHINESE CHAMBER OF COMMERCE v. PUA TE CHING, ET AL.

    014 Phil 222

  • G.R. No. 5108 September 30, 1909 - UNITED STATES v. NICOMEDES MORALES

    014 Phil 227

  • G.R. No. 4526 October 4, 1909 - TOMAS FORTUNA v. RUFINO VILORIA, ET AL.

    014 Phil 232

  • G.R. No. 4602 October 4, 1909 - JUAN CO v. JAMES J. RAFFERTY

    014 Phil 235

  • G.R. No. 5332 October 4, 1909 - UNITED STATES v. TEODORO BAGUIO, ET AL.

    014 Phil 240

  • G.R. No. 4663 October 9, 1909 - UNITED STATES v. PEDRO CABOLA ET AL.

    016 Phil 657

  • G.R. No. 4846 October 9, 1909 - UNITED STATES v. VICENTE MAQUIRAYA, ET AL.

    014 Phil 243

  • G.R. No. 4970 October 9, 1909 - UNITED STATES v. SERAPIO ARTICHO, ET AL.

    014 Phil 248

  • G.R. No. 5138 October 9, 1909 - JOSE MCMICKING v. DOMINGO TREMOYA, ET AL.

    014 Phil 252

  • G.R. No. 5423 October 9, 1909 - UNITED STATES v. SERAPIO POQUIS, ET AL.

    014 Phil 261

  • G.R. No. 4009 October 11, 1909 - NICOLASA ARINGO v. URBANA ARENA

    014 Phil 263

  • G.R. No. 4339 October 11, 1909 - UNITED STATES v. PONCIANO TREYES, ET AL.

    014 Phil 270

  • G.R. No. 3865 October 16, 1909 - GREGORIO FERNANDEZ v. MLA. ELECTRIC RAILROAD AND LIGHT CO.

    014 Phil 274

  • G.R. No. 4362 October 19, 1909 - INSULAR GOV’T. v. DOROTEO NICO, ET AL.

    014 Phil 288

  • G.R. No. 4606 October 19, 1909 - JUAN RODRIGUEZ v. FINDLAY & CO.

    014 Phil 294

  • G.R. No. 5297 October 19, 1909 - UNITED STATES v. MARTINA BACAS

    014 Phil 308

  • G.R. No. 4935 October 25, 1909 - UNITED STATES v. JAMES L. BROBST

    014 Phil 310

  • G.R. No. 4998 October 25, 1909 - UNITED STATES v. JOSE C. SEDANO

    014 Phil 338

  • G.R. No. 5069 October 25, 1909 - TAN CHUCO v. YORKSHIRE FIRE AND LIFE INSURANCE CO.

    014 Phil 346

  • G.R. No. 5083 October 25, 1909 - TOMAS SUNICO v. JOSE VILLAPANDO, ET AL.

    014 Phil 352

  • G.R. No. 5167 October 25, 1909 - UNITED STATES v. JULIAN MENESES

    014 Phil 357

  • G.R. No. 5227 October 25, 1909 - INT’L. BANKING CORP. v. PILAR CORRALES, ET AL.

    014 Phil 360

  • G.R. No. 4102 October 26, 1909 - JOSE CARDELL v. RAMON MAÑERU, ET AL.

    014 Phil 368

  • G.R. No. 5072 October 27, 1909 - UNITED STATES v. SANTIAGO AUSTERO

    014 Phil 377

  • G.R. No. 5424 October 27, 1909 - UNITED STATES v. PRUDENCIO SOTO

    014 Phil 384

  • G.R. No. 4974 October 29, 1909 - UNITED STATES v. NICOLAS GUTIERREZ, ET AL.

    014 Phil 388

  • G.R. No. 5098 October 29, 1909 - UNITED STATES v. VENANCIO MONASTERIAL, ET AL.

    014 Phil 391

  • G.R. No. 4934 October 30, 1909 - UNITED STATES v. A. C. V. ROSA, ET AL.

    014 Phil 394

  • G.R. No. 5100 November 3, 1909 - UNITED STATES v. EMILIO BEDOYA

    014 Phil 397

  • G.R. No. 5386 November 8, 1909 - UNITED STATES v. ARSENIO PALACIO

    016 Phil 660

  • G.R. No. 4975 November 9, 1909 - UNITED STATES v. SANTIAGO NARVAS

    014 Phil 410

  • G.R. No. 5373 November 9, 1909 - UNITED STATES v. CLAUDIO DE SILVA

    014 Phil 413

  • G.R. No. 4947 November 11, 1909 - UNITED STATES v. PABLO RAYMUNDO, ET AL.

    014 Phil 416

  • G.R. No. 5181 November 13, 1909 - UNITED STATES v. ANACLETO ABAD

    014 Phil 444

  • G.R. No. 4932 November 16, 1909 - WARNER, BARNES & CO. v. RAMON F. SANTOS

    014 Phil 446

  • G.R. No. 5348 November 16, 1909 - UNITED STATES v. ALEJO PAGUIRIGAN

    014 Phil 450

  • G.R. No. 5503 November 16, 1909 - CATALINA MONTEMAYOR v. MATEO CUNANAN

    014 Phil 454

  • G.R. No. 4752 November 17, 1909 - FLORENTINO CORDERO v. PEDRO CABIGTING

    014 Phil 463

  • G.R. No. 5036 November 17, 1909 - UNITED STATES v. LUCIANO MALEZA, ET AL.

    014 Phil 468

  • G.R. No. 5240 November 19, 1909 - UNITED STATES v. LINO EGUIA LIM BUANCO, ET AL.

    014 Phil 472

  • G.R. No. 5432 November 20, 1909 - TOMAS INOCENCIO v. MIGUEL GATPANDAN, ET AL.

    014 Phil 491

  • G.R. No. 4996 November 26, 1909 - VICTORIANO SIGUENZA v. MUN. OF HINIGARAN

    014 Phil 495

  • G.R. No. 5009 November 26, 1909 - TOMAS SUNICO v. MANUEL RAMIREZ

    014 Phil 500

  • G.R. No. 4976 November 27, 1909 - A. J. EVELAND v. EASTERN MINING CO.

    014 Phil 509

  • G.R. No. 4709 November 29, 1909 - CHAN SUANCO v. DOROTEO ALONSO

    014 Phil 517

  • G.R. No. 5115 November 29, 1909 - UNITED STATES v. MANUEL SAMANIEGO, ET AL.

    016 Phil 663

  • G.R. No. 5208 December 1, 1909 - KUENZLE & STREIFF v. JOSE TAN SUNCO ET AL.

    016 Phil 670

  • G.R. No. 5044 December 1, 1909 - EDWIN CASE v. HEIRS OF TUASON Y SANTIBAÑEZ

    014 Phil 521

  • G.R. No. 5075 December 1, 1909 - MAURICIO RAMIREZ v. SIMEON BAUTISTA, ET AL.

    014 Phil 528

  • G.R. No. 4815 December 2, 1909 - LA YEBANA CO. v. FRANCISCO CHUA SECO & CO.

    014 Phil 535

  • G.R. No. 5096 December 2, 1909 - RAMON MORTERA v. INOCENTE MARTINEZ, ET AL.

    014 Phil 541

  • G.R. No. 5244 December 2, 1909 - EULOGIO TRIA v. RAMON ORTIZ

    014 Phil 551

  • G.R. No. 5306 December 3, 1909 - UNITED STATES v. FERNANDO JARABAS

    014 Phil 558

  • G.R. No. 5307 December 3, 1909 - UNITED STATES v. JOSE GONZAGA CHANGCO

    014 Phil 562

  • G.R. No. 5210 December 4, 1909 - UNITED STATES v. VALERIA DE CHAVES

    014 Phil 565

  • G.R. No. 5385 December 4, 1909 - UNITED STATES v. GREGORIO DOMINGO, ET AL.

    014 Phil 569

  • G.R. No. 5275 December 9, 1909 - UNITED STATES v. ALEJANDRO BAUTISTA

    014 Phil 579

  • G.R. No. 4871 December 10, 1909 - LEONCIO IMPERIAL v. ALFONSA TOLEDO

    014 Phil 584

  • G.R. No. 5313 December 10, 1909 - JUANA ESPIRITU v. A. S. CROSSFIELD, ET AL.

    014 Phil 588

  • G.R. No. 5217 December 13, 1909 - UNITED STATES v. DANIEL LOPEZ

    014 Phil 593

  • G.R. No. 5344 December 14, 1909 - UNITED STATES v. VALERIANA DEUDA, ET AL.

    014 Phil 595

  • G.R. No. 5202 December 16, 1909 - YAP UNKI v. CHUA JAMCO

    014 Phil 602

  • G.R. No. 5295 December 16, 1909 - KUENZLE & STREIFF v. MACKE & CHANDLER, ET AL.

    014 Phil 610

  • G.R. No. 5393 December 16, 1909 - PEDRO TIRANGBUAYA, ET AL. v. JUDGE OF FIRST INSTANCE OF RIZAL, ET AL.

    014 Phil 613

  • G.R. No. 5200 December 17, 1909 - VICENTE BANDOY, ET AL. v. JUDGE OF FIRST INSTANCE OF LA LAGUNA, ET AL.

    014 Phil 621

  • G.R. No. 5397 December 17, 1909 - FABIANA C. ARRIOLA v. CAROLINA GOMEZ DE LA SERNA

    014 Phil 627

  • G.R. No. 4667 December 18, 1909 - GEO. M. LACK, ET AL. v. PANTALEONA ALONSO Y SAN LUIS, ET AL.

    014 Phil 630

  • G.R. No. 5256 December 21, 1909 - UNITED STATES v. EUSTASIO HERNANDEZ, ET AL.

    014 Phil 638

  • G.R. No. 5329 December 21, 1909 - SABINA CRUZ HERRERA DE LUKBAN v. JOSE McMICKING

    014 Phil 641

  • G.R. No. 5318 December 23, 1909 - UNITED STATES v. RAFAEL BUMANGLAG, ET AL.

    014 Phil 644

  • G.R. No. 5534 December 23, 1909 - HERBERT S. WALKER, ET AL. v. JOSE MCMICKING

    014 Phil 668

  • G.R. No. 4724 December 24, 1909 - GREGORIA MONTAÑANO v. SILVESTRE SUESA

    014 Phil 676

  • G.R. No. 5760 December 24, 1909 - MARTIN OCAMPO, ET AL. v. J. C. JENKINS, ET AL.

    014 Phil 681

  • G.R. No. 4280 February 1, 1909 - UNITED STATES v. JULIO BUSTOS

    013 Phil 690

  • G.R. No. 4206 February 1, 1909 - VICENTE M. SANDOVAL v. INSULAR GOVERNMENT

    012 Phil 648

  • G.R. No. 4717 February 1, 1909 - RAFAEL O. RAMOS v. TOMAS LEDESMA

    012 Phil 656

  • G.R. No. 4737 February 1, 1909 - ATANASIO PANDAQUILA v. MIGUEL GAZA, ET AL.

    012 Phil 663

  • G.R. No. 4785 February 1, 1909 - UNITED STATES v. HIGINIO DE LA SERNA, ET AL.

    012 Phil 672

  • G.R. No. 4839 February 1, 1909 - UNITED STATES v. SY QUIAT

    012 Phil 676

  • G.R. No. 4852 February 1, 1909 - UNITED STATES v. VICENTE CALIMAG

    012 Phil 687

  • G.R. No. 4373 February 2, 1909 - SAMUEL BISCHOFF v. JUAN D. POMAR, ET AL.

    012 Phil 690

  • G.R. No. 4589 February 3, 1909 - GERONIMO DE GUZMAN v. JOAQUINA ORTIZ

    012 Phil 701

  • G.R. No. 4838 February 3, 1909 - UNITED STATES v. LIM CO

    012 Phil 703

  • G.R. No. 4013 February 4, 1909 - JUSTO GUIDO, ET AL. v. AGUSTIN DE BORJA, ET AL.

    012 Phil 718

  • G.R. No. 4904 February 5, 1909 - ROSALIA MARTINEZ v. ANGEL TAN

    012 Phil 731

  • G.R. No. 4723 February 8, 1909 - UNITED STATES v. TAN TAYCO, ET AL.

    012 Phil 739

  • G.R. No. 4566 February 9, 1909 - YUENG SHENG EXCHANGE AND TRADING COMPANY v. G. URRUTIA & CO., ET AL.

    012 Phil 747

  • G.R. No. 4910 February 10, 1909 - MARIA DE LA CONCEPCION VACANI v. ENRIQUE LLOPIS

    012 Phil 754

  • G.R. No. 4415 February 13, 1909 - PAULINO DOLIENDO, ET AL. v. SANTOS DEPIÑO, ET AL.

    012 Phil 758

  • G.R. No. 4758 February 16, 1909 - UNITED STATES v. T. E. SANTOS

    013 Phil 1

  • G.R. No. 4794 February 16, 1909 - WARNER v. ROMAN AND CIRILO JAUCIAN

    013 Phil 4

  • G.R. No. 4392 February 17, 1909 - PATRICIO UBEDA v. AGAPITO ZIALCITA

    013 Phil 11

  • G.R. No. 4790 February 18, 1909 - UNITED STATES v. AGUSTIN CONCEPCION

    013 Phil 21

  • G.R. No. 4216 February 19, 1909 - KUENZLE & STEREIFF v. A. S. WATSON & CO., ET AL.

    013 Phil 26

  • G.R. No. 4943 February 19, 1909 - JEREMIAH J. HARTY v. ANGEL LUNA

    013 Phil 31

  • G.R. No. 4939 February 20, 1909 - PHILIPPINE RAILWAY COMPANY v. ESTEBAN SOLON

    013 Phil 34

  • G.R. No. 5028 February 20, 1909 - JUANA VALENCIA v. CARMEN DE ROXAS

    013 Phil 45

  • G.R. No. 5085 February 20, 1909 - IN RE: JUAN TOLEDO

    013 Phil 48

  • G.R. No. 4386 February 24, 1909 - CHANG YONG TEK v. GENEROSA SANTOS

    013 Phil 52

  • G.R. No. 4868 February 24, 1909 - JUAN SISON v. FAUSTINO RAMOS

    013 Phil 54

  • G.R. No. 4878 February 27, 1909 - IN RE: JOAQUINA MIJARES DE FARIÑAS v. VICENTE LAVIN

    013 Phil 63