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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
April-1939 Jurisprudence                 

  • G.R. No. 43850 April 3, 1939 - JOSE C. BUCOY v. JOHN R. MCFIE, ET AL.

    067 Phil 126

  • G.R. No. 45080 April 3, 1939 - FLORENCIA DUQUILLO v. PAZ BAYOT

    067 Phil 131

  • G.R. No. 45112 April 3, 1939 - APOLONIA GOMEZ v. LEVY HERMANOS, INC.

    067 Phil 134

  • G.R. No. 45144 April 3, 1939 - M. E. GREY v. INSULAR LUMBER COMPANY

    067 Phil 139

  • G.R. No. 45696 April 3, 1939 - PLACIDA PASCASIO, ET AL. v. BENITO GUIDO

    067 Phil 143

  • G.R. No. 45159 April 4, 1939 - GOVERNMENT OF THE PHIL. v. EMILIO MA. DE MORETA

    067 Phil 146

  • G.R. Nos. 46231-46235 April 4, 1939 - PEOPLE OF THE PHIL. v. PAULO B. GONZALEZ

    067 Phil 147

  • G.R. No. 46239 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. ROSENDO MARCOS, ET AL.

    067 Phil 150

  • G.R. No. 46247 April 4, 1939 - SAN JUAN DE DIOS HOSPITAL v. MUNICIPAL COUNCIL OF SAN RAFAEL, ET AL.

    067 Phil 158

  • G.R. No. 45177 April 5, 1939 - JOSE MARTINEZ v. SANTOS B. PAMPOLINA

    067 Phil 167

  • G.R. No. 45193 April 6, 1939 - EMILIE ELMIRA RENEE BOUDARD, ET AL. v. STEWART EDDIE TAIT

    067 Phil 170

  • G.R. No. 46510 April 5, 1939 - ORIENT PROTECTIVE ASSURANCE ASSOCIATION v. ANTONIO RAMOS

    067 Phil 176

  • G.R. No. 45517 April 5, 1939 - TARCILA L. TRINIDAD v. ORIENT PROTECTIVE ASSURANCE ASSOCIATION

    067 Phil 181

  • G.R. No. 45738 April 6, 1939 - PEOPLE OF THE PHIL. v. MAXIMIANO CELORICO

    067 Phil 185

  • G.R. No. 45748 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCO VERA REYES

    067 Phil 187

  • G.R. No. 45955 April 5, 1939 - TEODORICA R. VIUDA DE JOSE v. JULIO VELOSO BARRUECO

    067 Phil 191

  • G.R. No. 46144 April 6, 1939 - PEOPLE OF THE PHIL. v. FRANCISCO CINCO, ET AL.

    067 Phil 196

  • G.R. No. 46409 April 5, 1939 - INSULAR MOTORS INCORPORATED v. CITY OF MANILA, ET AL.

    067 Phil 201

  • G.R. No. 46478 April 6, 1939 - PEOPLE OF THE PHIL. v. GO UG, ET AL.

    067 Phil 202

  • G.R. No. 43822 April 10, 1939 - PHILIPPINE TRUST CO. v. HONGKONG & SHANCHAI BANKING CORPORATION

    067 Phil 204

  • G.R. No. 45152 April 10, 1939 - HILARIA SIKAT v. JOHN CANSON

    067 Phil 207

  • G.R. No. 45170 April 10, 1939 - ARSENIO DE VERA, ET AL. v. CLEOTILDE GALAURAN

    067 Phil 213

  • G.R. No. 45171 April 10, 1939 - EUGENIO VERAGUTH, ET AL. v. ROSARIO MONTILLA, ET AL.

    067 Phil 215

  • G.R. No. 45192 April 10, 1939 - IN RE: VICENTE J. FRANCISCO

    067 Phil 222

  • G.R. No. 45200 April 10, 1939 - GOVERNMENT OF THE PHIL. v. APOLONIA S. ZAPANTA, ET AL.

    067 Phil 232

  • G.R. No. 45246 April 10, 1939 - CARLOS N. FRANCISCO v. PARSONS HARDWARE CO.

    067 Phil 234

  • G.R. No. 45273 April 10, 1939 - LUNETA MOTOR CO. v. FEDERICO ABAD

    067 Phil 236

  • G.R. No. 45295 April 10, 1939 - RUFO ARCENAS v. INOCENCIO DEL ROSARIO, ET AL.

    067 Phil 238

  • G.R. No. 45302 April 10, 1939 - GERVASIA ENCARNACION, ET AL. v. PROVINCIAL SHERIFF OF RIZAL, ET AL.

    067 Phil 245

  • G.R. No. 45337 April 10, 1939 - MANILA MOTOR CO. v. ANICETO MARAÑA

    067 Phil 247

  • G.R. No. 45381 April 10, 1939 - FELIX BENEDICTO v. PERFECTO ESPINO

    067 Phil 249

  • G.R. No. 45898 April 10, 1939 - JOVITA JOVEN v. MARCELO T. BONCAN, ET AL.

    067 Phil 252

  • G.R. No. 46530 April 10, 1939 - PEOPLE OF THE PHIL. v. CATALINO RABAO

    067 Phil 255

  • G.R. No. 45123 April 12, 1939 - AGRIPINO INFANTE v. MARCOS DULAY

    067 Phil 259

  • G.R. No. 45165 April 12, 1939 - GREGORIA JIMENEZ v. GEROMIMO JIMENEZ

    067 Phil 263

  • G.R. No. 45277 April 12, 1939 - TORIBIO TEODORO v. JUAN POSADAS

    067 Phil 267

  • G.R. No. 45306 April 12, 1939 - JOSUE SONCUYA v. LA URBANA

    067 Phil 271

  • G.R. No. 45365 April 12, 1939 - FULTON IRON WORKS CO. v. SIDNEY C. SCHWARZKOPF

    067 Phil 274

  • G.R. No. 45375 April 12, 1939 - COMMONWEALTH OF THE PHIL. v. GLORIA BALDELLO

    067 Phil 277

  • G.R. No. 45454 April 12, 1939 - EULALIO GARCIA v. SINFOROSA C. DAVID, ET AL.

    067 Phil 279

  • G.R. No. 45515 April 12, 1939 - TOLARAM MENGHRA v. BULCHAND ARACHAND, ET AL.

    067 Phil 286

  • G.R. No. 45742 April 12, 1939 - TIBURCIO MAMUYAC v. PEDRO ABENA

    067 Phil 289

  • G.R. No. 45752 April 12, 1939 - PEOPLE OF THE PHIL. v. JUAN PERALTA, ET AL.

    067 Phil 293

  • G.R. No. 45821 April 12, 1939 - SOCONY-VACUUM CORPORATION v. LEON C. MIRAFLORES

    067 Phil 304

  • G.R. No. 45899 April 12, 1939 - RAYMUNDO VARGAS v. NIEVES TANCIOCO,, ET AL.

    067 Phil 308

  • G.R. No. 45405 April 13, 1939 - IN RE: ANTONIO FRANCO

    067 Phil 312

  • G.R. No. 45529 April 13, 1939 - VENANCIO QUEBLAR v. LEONARDO GARDUÑO

    067 Phil 316

  • G.R. No. 46428 April 13, 1939 - PEOPLE OF THE PHIL. v. IRINEO TUMLOS

    067 Phil 320

  • G.R. No. 45253 April 14, 1939 - FIDELITY AND SURETY COMPANY OF THE PHIL. v. ISABELO G. SANCHEZ, ET AL.

    067 Phil 323

  • G.R. No. 45310 April 14, 1939 - MARCOS J. ROTEA v. FRANCISCA DELUPIO

    067 Phil 330

  • G.R. No. 45400 April 14, 1939 - MARCIANA LUNASCO v. VETERANS ADMINISTRATION

    067 Phil 333

  • G.R. No. 45536 April 14, 1939 - PEDRO AMANTE v. SERAFIN P. HILADO

    067 Phil 338

  • G.R. No. 45601 April 14, 1939 - TAVERA-LUNA v. MARIANO NABLE

    067 Phil 340

  • G.R. No. 45687 April 14, 1939 - CARIDAD ESTATE OF CAVITE, INC. v. VICENTE AVILA

    067 Phil 345

  • G.R. No. 45931 April 14, 1939 - URBANO SERRANO v. VICENTE DE LA CRUZ

    067 Phil 348

  • G.R. No. 45340 April 15, 1939 - MARCELA BALLESTEROS v. VETERANS ADMINISTRATION

    067 Phil 351

  • G.R. No. 45430 April 15, 1939 - TERESA GARCIA v. LUISA GARCIA, ET AL.

    067 Phil 353

  • G.R. No. 45643 April 16, 1939 - RAYMUNDO CORDERO v. COURT OF FIRST INSTANCE OF LAGUNA, Respondents.

    067 Phil 358

  • G.R. No. 45576 April 19, 1939 - MAXIMIANO FUENTES v. JUSTICE OF THE PEACE OF PILA, LAGUNA, ET AL.

    067 Phil 364

  • G.R. No. 45248 April 18, 1939 - VICENTE REYES VILLAVICENCIO v. SANTIAGO QUINIO

    067 Phil 367

  • G.R. No. 45418 April 18, 1939 - AMBROSIO RAMOS, ET AL. v. H. A. GIBBON, ET AL.

    067 Phil 371

  • G.R. No. 45701 April 18, 1939 - TIRSO GARCIA v. TY CAMCO SOBRINO

    067 Phil 384

  • G.R. No. 45721 April 18, 1939 - MELCHOR LAMPREA v. DIRECTOR OF LANDS, ET AL.

    067 Phil 388

  • G.R. No. 45803 April 18, 1939 - VICENTA C. VDA. DE GUIDOTE v. BANK OF THE PHILIPPINE ISLANDS

    067 Phil 391

  • G.R. No. 45923 Abril 18, 1939 - CHOA FUN v. EL SECRETARIO DEL TRABAJO

    067 Phil 394

  • G.R. No. 46015 April 18, 1939 - LIBERATO JIMENEZ v. INES DE CASTRO, ET AL.

    067 Phil 398

  • G.R. No. 46043 April 18, 1939 - TERESA LANDRITO, ET AL. v. RICARDO GONZALEZ, ET AL.

    067 Phil 401

  • G.R. No. 46134 April 18, 1939 - NICOLASA DE GUZMAN v. ANGELA LIMCOLIOC

    067 Phil 404

  • G.R. No. 46317 April 18, 1939 - JUSTO QUIMING v. MARIANO L. DE LA ROSA

    067 Phil 406

  • G.R. No. 45290 April 19, 1939 - GOVERNMENT OF THE PHIL. v. PAULA MERCADO

    067 Phil 409

  • G.R. No. 45126 April 19, 1939 - DIRECTOR OF LANDS v. ALBINO PANUNCIO

    067 Phil 414

  • G.R. No. 45166 April 19, 1939 - LEON C. VIARDO v. GALICANO GUTIERREZ

    067 Phil 416

  • G.R. No. 45190 April 19, 1939 - PEOPLE OF THE PHIL. v. ANTONIO APAREJADO, ET AL.

    067 Phil 418

  • G.R. No. 45531 April 19, 1939 - FRED OMNAS, ET AL. v. PABLO S. RIVERA

    067 Phil 419

  • G.R. No. 46002 April 19, 1939 - SALVACION RIOSA v. STILIANOPULOS, INC.

    067 Phil 422

  • G.R. No. 45715 April 20, 1939 - PEOPLE OF THE PHIL. v. REMIGIO OLIVERIA

    067 Phil 427

  • G.R. No. 45934 April 20, 1939 - FORTUNATO DIAZ v. PEOPLE OF THE PHIL.

    067 Phil 432

  • G.R. No. 45980 April 20, 1939 - MARIA MARTINEZ v. YEK TONG LIN FIRE & MARINE INSURANCE CO.

    067 Phil 436

  • G.R. No. 45493 April 21, 1939 - GERARDO GARCIA v. ANGEL SUAREZ

    067 Phil 441

  • G.R. No. 45595 April 21, 1939 - JUAN POSADAS, ET AL. v. GO HAP, ET AL.

    067 Phil 446

  • G.R. No. 46046 April 21, 1939 - PROCOPIO GAQUIT v. DOROTEO CONUI

    067 Phil 449

  • G.R. No. 46570 April 21, 1939 - JOSE D. VILLENA v. SECRETARY OF THE INTERIOR

    067 Phil 451

  • G.R. No. 45449 April 22, 1939 - TOMAS S. OCEJO v. CONSUL GENERAL OF SPAIN

    067 Phil 475

  • G.R. No. 46330 April 22, 1939 - IRENEO ABAD SANTOS, ET AL. v. PROVINCE OF TARLAC, ET AL.

    067 Phil 480

  • G.R. No. 45413 April 24, 1939 - LA YEBANA, CO., INC. v. JULIO L. VALENZUELA, ET AL.

    067 Phil 482

  • G.R. No. 45666 April 24, 1939 - ALFREDO VALENZUELA v. PEOPLE OF THE PHIL.

    067 Phil 490

  • G.R. No. 45978 April 24, 1939 - MIGUELA ELEAZAR v. EUSEBIO ELEAZAR

    067 Phil 497

  • G.R. No. 46029 April 24, 1939 - NATIONAL LOAN AND INVESTMENT BOARD v. LUIS MENESES

    067 Phil 498

  • G.R. No. 45369 April 25, 1939 - ISABELA SUGAR CO., INC. v. ALFFREDO L. YATCO

    067 Phil 500

  • G.R. No. 45544 April 25, 1939 - COLLECTOR OF INTERNAL REVENUE v. LORENZO ECHARRI

    067 Phil 502

  • G.R. No. 45624 April 25, 1939 - GEORGE LITTON v. HILL & CERON, ET AL.

    067 Phil 509

  • G.R. No. 45739 April 26, 1939 - PEOPLE OF THE PHIL. v. SOTERO PEJI BAUTISTA

    067 Phil 518

  • G.R. No. 45755 April 25, 1939 - ASUNCION ABAD v. AMANDO AQUINO

    067 Phil 526

  • G.R. No. 45964 April 26, 1939 - PEOPLE OF THE PHIL. v. RESTITURO FALLER

    067 Phil 529

  • G.R. No. 46035 April 25, 1939 - DIRECTOR OF LANDS v. PHILIPPINE NATIONAL BANK, ET AL.

    067 Phil 531

  • G.R. No. 46260 April 26, 1939 - PABLO TAMAYO v. FRANCISCO E. JOSE, ET AL.

    067 Phil 536

  • G.R. No. 46356 April 25, 1939 - FRUCTUOSA VELASCO VDA. DE TALAVERA v. CORRECTIONAL INSTITUTION FOR WOMEN

    067 Phil 538

  • G.R. No. 45403 April 26, 1939 - NATIONAL CITY BANK OF NEW YORK v. NEW YORK TONG LIN & MARINE INSURANCE COMPANY

    067 Phil 544

  • G.R. No. 45519 April 26, 1939 - RUFINA SALAO, ET AL. v. TEOFILO C. SANTOS, ET AL.

    067 Phil 547

  • G.R. No. 45521 April 26, 1939 - JOSE MORENO, ET AL. v. BONIFACIO SAN MATEO, ET AL.

    067 Phil 551

  • G.R. No. 45598 April 26, 1939 - TAN PHO v. HASSAMAL DALAMAL

    067 Phil 555

  • G.R. No. 45614 April 26, 1939 - NORBERTO FORDAN v. ANTONIO LUZON

    067 Phil 559

  • G.R. No. 45662 April 26, 1939 - ENRIQUE CLEMENTE v. DIONISIO GALVAN

    067 Phil 565

  • G.R. No. 46366 April 26, 1939 - PHILIPPINE NATIONAL BANK v. PARDO Y ROBLES HERMANOS, ET AI. .

    067 Phil 570

  • G.R. No. 46492 April 26, 1939 - RAMON SOTELO v. ARSENIO P. DIZON, ET AL.

    067 Phil 573

  • G.R. No. 45173 April 27, 1939 - RED LINE TRANSPORTATION CO., INC. v. BACHRACH MOTOR COMPANY, INC.

    067 Phil 577

  • G.R. No. 45359 April 27, 1939 - JACINTO M. DEL SAZ OROZCO, ET AL. v. SALVADOR ARANETA

    067 Phil 591

  • G.R. No. 45506 April 27, 1939 - FORTUNATO MANZANERO v. REMEDIOS BONGON

    067 Phil 595

  • G.R. No. 45508 April 27, 1939 - SEGUNDA DEVEZA v. ERIBERTO BALMEO, ET AL.

    067 Phil 603

  • G.R. No. 45534 April 27, 1939 - JOSEFA RIZAL MERCADO, ET AL. v. ALFREDO HIDALGO REAL

    067 Phil 608

  • G.R. No. 45694 April 27, 1939 - FRANCISCO YATCO v. EL HOGAR FILIPINO

    067 Phil 610

  • G.R. No. 45724 April 27, 1939 - IGNACIO DE GUZMAN, ET AL. v. TEODORO IBEA, ET AL.

    067 Phil 633

  • G.R. No. 45741 April 27, 1939 - F. Y A. GARCIA DIEGO v. GLORIA DE ANTONIO, ET AL.

    067 Phil 637

  • G.R. No. 45185 April 28, 1939 - GOVERNMENT OF THE PHIL. v. SALUD ALDEGUER VIUDA DE ROMERO SALAS

    067 Phil 643

  • G.R. No. 45464 April 28, 1939 - JOSUE SONCUYA v. CARMEN DE LUNA

    067 Phil 646

  • G.R. No. 45625 April 28, 1939 - MARGARITA VILLANUEVA v. JUAN SANTOS

    067 Phil 648

  • G.R. No. 45761 April 28, 1939 - JULIA DEL ROSARIO, ET AL. v. ANTONIO DEL ROSARIO, ET AL.

    067 Phil 652

  • G.R. No. 45266 April 29, 1939 - SIMEON RAEL v. PROVINCIAL GOVERNMENT OF RIZAL

    067 Phil 654

  • G.R. No. 45410 April 29, 1939 - MACONDRAY & CO., INC. v. JOSE BERNABE

    067 Phil 658

  • G.R. No. 45412 April 29, 1939 - COSME CARLOS, ET AL. v. COSME CARLOS

    067 Phil 662

  • G.R. No. 45425 April 29, 1939 - JOSE GATCHALIAN v. COLLECTOR OF INTERNAL REVENUE

    067 Phil 666

  • G.R. No. 45479 April 29, 1939 - FELIX ATACADOR v. HILARION SILAYAN

    067 Phil 674

  • G.R. No. 45597 April 29, 1939 - MACARIA PASCUAL v. LORENZA RAMIREZ, ET AL.

    067 Phil 678

  • G.R. No. 45965 April 29, 1939 - AMPARO GONZALEZ, ET AL. v. PRIMITIVO TRINIDAD, ET AL.

    067 Phil 682

  • G.R. No. 46003 April 29, 1939 - SIXTO DE LA COSTA, ET AL. v. BONIFACIO CLEOFAS

    067 Phil 686

  • G.R. No. 46026 April 29, 1939 - JESUSA PORTILLO-RIVERA v. STRACHAN, MACMURRAY & CO., LTD.

    067 Phil 694

  • G.R. No. 46604 April 29, 1939 - FRANCISCO MORFE, ET AL. v. JUSTICE OF THE PEACE OF CALOOCAN, ET AL.

    067 Phil 696

  •  





     
     

    G.R. No. 45253   April 14, 1939 - FIDELITY AND SURETY COMPANY OF THE PHIL. v. ISABELO G. SANCHEZ, ET AL. <br /><br />067 Phil 323

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 45253. April 14, 1939.]

    FIDELITY AND SURETY COMPANY OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. ISABELO G. SANCHEZ, CATALINO MIRANDA, and BONIFACIO TIMBOL, Defendants-Appellants.

    Marcelino Lontok for Appellants.

    Ross, Laurence, Selph & Carrascoso and Martin B. Laurea for Appellee.

    SYLLABUS


    1. SURETYSHIP AND GUARANTY; NECESSARY PARTIES. — It was unnecessary to join the Radio Corporation of the Philippines as a party in this case, because it had no claim either against the defendants or against the plaintiff, and the latter, either jointly or separately, have none against it. The circumstance that it was u necessary party in the first bond Exhibit B, having been executed in its favor by the defendant and appellant I. G. S. and by the plaintiff and appellee Fidelity and Surety Company of the Philippine Islands, did not and does not make it indispensable or necessary that it be included as a party in this case, because in requiring the plaintiff to pay the said amount of P784.17, it did so by virtue of the conditions of the aforesaid bond. There is no doubt that it was within its right in so doing, because S. violated the conditions of his contract with it, and of course those of his own bond, by failing as he failed to pay the amount of the merchandise received by him as selling agent, or to return the same if they had not been sold.

    2. ID.; ID. — After the plaintiff and appellee paid for the goods and merchandise taken by S., it seems clear that the Radio Corporation of the Philippines ceased to have any interest, and in fact has no more interest, in the question between the appellants and the appellee. The law only requires that there be included in the same action, to avoid multiplicity of suits, those who may have an interest in the result of that which had been or to be initiated (sec. 114 of Act No. 190). From which it follows that the inclusion of the Radio Corporation of the Philippines in the case before us was and is improper.

    3. ID.; ID. — Article 1841 of the Civil Code provides that "If the debt was not immediately demandable and guarantor paid it before it was due, he cannot require the debtor to reimburse him until the period has expired." What the appellee did is in full compliance with this legal provision. It paid Sanchez’ obligation long after its. maturity, and it is only just that it be reimbursed for the amount thus paid. To this it is entitled under the provisions of article 1838 of the Civil Code.


    D E C I S I O N


    DIAZ, J.:


    On November 23, 1929, the defendant Isabelo G. Sanchez became the traveling agent of the Radio Corporation of the Philippines, a domestic corporation domiciled in the City of Manila, to sell radios, radio accessories, phonographs and phonograph records in said city. They executed Exhibit A whereby they agreed that the latter would deliver to the former, from time to time, to be sold for a commission, radios, radio accessories, phonographs and phonograph records for all amount not exceeding P2,000; that they would take the liquidations within thirty days from the receipt by Sanchez of the goods or merchandise, and that Sanchez would be paid a commission of 15 per cent, with the privilege of buying the same merchandise delivered to him at a discount of 35 per cent. To guarantee compliance with his obligations, Sanchez executed jointly with the plaintiff Fidelity and Surety Company of the Philippine Islands a bond for P2,000 (Exhibit E), in favor of the Radio Corporation of the Philippines; and to guarantee that he would reimburse the plaintiff any amount which it may pay by reason of his non-compliance with his obligations to the Radio Corporation of the Philippines, he executed jointly with his codefendants Catalino Miranda and Bonifacio Timbol the bond Exhibit C. As Sanchez failed to comply with his obligation to report and pay the price of the goods or merchandise which he had been receiving for the Radio Corporation of the Philippines, in his capacity as selling agent thereof, which price amounted to P784.17 plus legal interest thereon, the plaintiff, upon demand of the said corporation, hold to pay the latter the aforesaid sum, duly notifying Sanchez that it would make the said payment under its bond, if the necessary arrangements were not made. Thereafter, it required Sanchez and his two codefendants, pursuant to the bond posted by them in its favor (Exhibit C), to reimburse the amount paid by it to the Radio Corporation of the Philippines. On their refusal, the plaintiff brought this Suit in the Court of First Instance of Manila, against the three defendants, resulting in a judgment sentencing them to pay. jointly and severally the said plaintiff the amount of P784.17, plus interest thereon at 10 per cent per annum from March 1, 1933, the sum of P250 by way of penalty for attorney’s fees, and the costs of the Suit. From this judgment, the defendants appealed not only because they were ordered to pay the aforesaid amounts but also because their counterclaim against the plaintiff was overruled. They alleged that the lower court committed the following six errors set out in their brief:jgc:chanrobles.com.ph

    "I. In not ordering the inclination of the Radio Corporation of the Philippines as a party in this case.

    "II. In not holding that the failure of the radio Corporation of the Philippines to set up a counterclaim or cross complaint in the action filed by Isasbelo G. Sanchez with the Court of First Instance of Pampangga (Exhibit 4), for the amount of P784.17, or for any other amount, whereas the claim of said Radio Corporation of the Philippines arose from the contract Exhibit A, and the cause of action of Isabelo G. Sanchez as plaintiff in said case also arose from said contract, constitutes a waiver and the said corporation is forever estopped from making such claim.

    "III. In not holding that the payment made by the plaintiff to the Radio Corporation of the Philippines in the amount of P784.17, without for the result of the complaint filed before the Court of first Instance of Pampanga (Exhibit 4), to which payment Isabelo G. Sanchez has protested, has been for the account and at the risk of said plaintiff, and the defendants should not answer for said payment.

    "IV. In not holding that the payment made by the plaintiff was not proper, and the claim should be directed against the Radio Corporation of the Philippines.

    "V. In not holding that the proper remedy of the plaintiff to protest its interests was to deposit the amount with the clerk of court in accordance with the provision of sections 120 and 121 of the Code of Civil Procedure; and

    "VI. In sentencing the defendants to pay, jointly and severally, the sum of P784.17 with interest thereon at 10 per cent per annum, plus the sum of P250 as attorney’s fees, and the costs."cralaw virtua1aw library

    1. We find no merit in the reasons advanced by the appellants to show the first alleged error of the lower court. It was unnecessary to join the radio Corporation of the Philippines as a party in this case, because it had no claim either against the defendants or against the plaintiff, and the latter, either jointly or separately, have none against it.

    The circumstance that it was a necessary party in the first bond Exhibit B, having been executed in its favor by the defendant and appellant Isabelo G. Sanchez and by the plaintiff and appellee Fidelity and Surety Company of the Philippine Islands, did not and does not make it indispensable or necessary that it be included as a party in this case, because in requiring the plaintiff to pay the said amount of P781.17, it did so by virtue of the conditions of the aforesaid bond. There is no doubt that it was within its right in so doing, because Sanchez violated the conditions of his contract with it, and of course those of his own bond, by failing as he failed to pay the amount of the merchandise received by him as selling agent, or to return the same if they had not been sold. This is admitted by Sanchez, for the Stipulation of Facts submitted by him and the other parties to the lower court shows the following:jgc:chanrobles.com.ph

    "That during the life of said bond, Exhibit R, the defendant Isabelo G. Sanchez failed to pay to the Radio Corporation of the Philippines the sum of P784.17, being the net unpaid value of the merchandise delivered said defendant Isabelo G. Sanchez, by the Radio Corporation of the Philippines pursuant to the terms and conditions of the agency contract, Exhibit A." (Paragraph V of the Stipulation of Facts.)

    "That on March 1, 1933, plaintiff paid to the Radio Corporation of the Philippines the said sum of P784.17, in accordance with the bond Exhibit B, hereto attached, executed by the plaintiff in favor of the Radio Corporation of the Philippines." (Paragraph XI of the Stipulation of Facts); and Exhibit A referred to in the stipulation, and which is the same contract of agency, and the bond filed by the defendant and appellant Isabelo G. Sanchez, contain respectively the following clauses:jgc:chanrobles.com.ph

    "2. That the first party agrees to bill out, on consignment, to the second party such radio and radio phonograph sets, phonographs and phonograph records and accessories as may from to time be ordered by the second party, the total value of which shall not, however, at any one time exceed the sum of two thousand pesos (P2,000), Philippine currency; but all goods so received shall be liquidated with thirty (30) days after receipt thereof by the second party, who shall within said period be under obligation to return all articles unsold and in good condition, and to remit to said first party and all amounts collected and received by him for and on account of the purchase price of all such merchandise as he may have already sold at the time. The above period shall be extendible to another thirty (30) days if the second party shall, within one week prior to its expiration, so request the first party, giving a detailed statement of all goods sold by him with remittance to cover the purchase price thereof, in which case the second party may retain all unsold goods in his possession for another thirty (30) days. The party of the second part shall furnish as bond in the sum of two thousand pesos (2,000), or more, according to the value of the articles consigned to the second party, such bond to be signed by a surety company or by sureties who are owners of real estate with registered Torrens Title." (Exhibit A.)

    "Now, therefore, in consideration of the orders which may hereafter be extended to the PRINCIPAL, he as such, and the FIDELITY AND SURETY COMPANY OF THE PHILIPPINES ISLANDS, a corporation duly organized and existing under and by virtue of the laws of the Philippines Island hereinafter referred to as the SURETY, as surety, do hereby jointly and severally quarentee to hold the VENDOR harmless from and against any loss not in excess of two thousand pesos (P2,000), Philippines currency, which it may sustain thru the failure of the said principal to pay for merchandise hereinafter obtained by the principal under consignment and/or commission from the VENDOR." (Exhibit B.)

    In the clause quoted from Exhibit A, that referred as the party of the first part is the Radio Corporation of the Philippines and the party of the second part is Sanchez; and in the clause quoted from Exhibit B, that referred to as the principal is said Sanchez and the vendor is the Radio Corporation of the Philippines.

    After the plaintiff and appellee paid for the goods and merchandise taken by Sanchez, it seems clear that the Radio Corporation of the Philippines ceased to have any interest, and in fact has no more interest, in the question between the appellants and the appellee. The law only requires that there be included in the same action, to avoid multiplicity of suits, those who may have an interest in the result of that which had been or to be initiated (sec. 114 of Act No. 190). From which it follows that the inclusion of the Radio Corporation of the Philippines in the case before us was and is improper.

    2. The appellants contend that the failure of the Radio Corporation of the Philippines to file a counterclaim against Sanchez when the latter brought suit against it in case No. 5077 of the Court of First Instance of Pampanga, for the recovery of his commission, constitutes a waiver on its part to collect what it alleged to be due from Sanchez for goods taken by him. In support of their contention they cite section 97 of Act No. 190 which speaks of the effects of the failure to set up a counterclaim in due time.

    The parties admit that the appellee paid the P784.17 to the Radio Corporation of the Philippines on March 1, 1933, and that the latter did not answer the complaint of Sanchez in the aforesaid case No. 5077 until more than four months afterwards. In view of this, it would have been clearly absurd for the said corporation to set up a counterclaim after it had ceased to have any claim against Sanchez because the latter’s indebtedness was paid by his surety, the herein appellee.

    On the other hand, inasmuch as the appellee was not a party in the said case No. 5077, it should not and cannot in justice be chargeable with the omission or error committed by the parties therein, namely, Sanchez and the Radio Corporation of the Philippines.

    3. The other errors assigned by the appellants are no imaginary than those just considered. They proceed on the assumption that Sanchez did not owe the Radio Corporation of the Philippines the aforesaid sum of P784.17, and such an assumption is belied by the unequivocal admission of the said Sanchez inferable from the quoted clause V of the Stipulation of facts authorized by him. He owed the said amount, and the appellee paid it for him in due time, under the terms of the bond Exhibit B.

    Article 1841 of the Civil Code provides that "If the debt was not immediately demandable and the guarantor paid it before it was due, he cannot require the debtor to reimburse him until the period has expired." What the appellee did is in full compliance with this legal provision. It paid Sanchez’ obligation long after its maturity, and it is only just that it be reimbursed for the amount thus paid. To this it is entitled under the provisions of article 1838 of the Civil Code.

    In view of all the foregoing, be affirm the appealed judgment, with the costs to the appellants. So ordered.

    Avanceña, C.J., Villa-Real, Imperial, Laurel and Moran, JJ., concur.

    G.R. No. 45253   April 14, 1939 - FIDELITY AND SURETY COMPANY OF THE PHIL. v. ISABELO G. SANCHEZ, ET AL. <br /><br />067 Phil 323


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