Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1909 > February 1909 Decisions > G.R. No. 5534 December 23, 1909 - HERBERT S. WALKER, ET AL. v. JOSE MCMICKING

014 Phil 668:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 5534. December 23, 1909. ]

HERBERT S. WALKER and W. J. ROHDE, Plaintiffs-Appellees, v. JOSE MCMICKING, Defendant-Appellant.

O’Brien & De Witt for Appellant.

Roman Lacson for Appellees.

SYLLABUS


1. ATTACHMENT; SHERIFF’S LIABILITY. — Defendant as sheriff attached certain property under a writ of execution. The attachment became invalid because the defendant did not maintain control over the property, either personally or by his representative. Plaintiffs innocently, in good faith, and under a right acquired possession of the property. Subsequently defendant obtained possession of and sold the property: Held, That the defendant is liable either to return the property or its value.


D E C I S I O N


JOHNSON, J. :


On the 5th day of February, 1909, the plaintiff commenced an action in the Court of First Instance of the city of Manila to recover the possession of certain personal property mentioned in paragraph 1 of the complaint, or in default thereof the sum of P1,500, its value, and costs. The defendant filed a general denial.

After hearing the evidence adduced during the trial of the cause, the lower court rendered a judgment adjudging to Herbert S. Walker, the right to recover the articles mentioned in paragraph 1 of the complaint, of the defendant, or in default, the sum of P539, with interest at the rate of 5 per cent per annum, from February 6, 1909.

From this judgment the defendant appealed and made the following assignments of error:jgc:chanrobles.com.ph

"1. The court erred in holding that the attachment of December 17, 1908, was null as to this defendant.

"2. The court erred in holding that the sale of June 16, 1908, was rescinded in a way affecting this defendant.

"3. The court erred in holding that the rescission does not involve a precedent condition to return the amounts paid on account of the purchase price.

"4. The court erred in making an excessive valuation of the goods in question."cralaw virtua1aw library

Under the first above assignment of error, the appellant contends that the lower court committed an error in holding that the attachment of the 17th of December, 1908, was null and void. The appellant relies upon Exhibit 1 (the writ of attachment) for the purpose of showing that said attachment was valid. Exhibit 1 was not made a part of the record in this court. We can not, therefore, examine it for the purpose of ascertaining just what its contents were. The lower court, in discussing the validity of said attachment and its effect upon the present action, said:jgc:chanrobles.com.ph

"The defendant is not sued in any official capacity, nor does he, in answer, or elsewhere, claim any such status. In fact his answer is only a general denial. He offers in evidence, however, a writ of attachment (Exhibit 1) issued by one of the judges of this court on December 16, 1908, on the back of which appears an indorsement to the effect that the sheriff of Manila delivered a copy of the writ and affidavit upon which the same was founded, to Arenas & Co. and that said sheriff attached certain articles therein mentioned, some of which appear to be similar to those in controversy, though the identity does not seem to be clearly established. The indorsement further recites that ’the goods are found deposited . . . in the possession of the same defendants according to a stipulation signed by both parties which is attached to this writ.’ The attached stipulation recites that all the goods attached ’shall remain in the possession of the same defendants, relieving the sheriff of all responsibility as regards the care and custody thereof.’ Plaintiff Rohde further testifies (p. 13) that he never heard of the attachment until about the 29th of January, that he continued in possession from the time Arenas surrendered to him and that the latter was permitted to enter only for the purpose of preparing the articles for sale.

"Section 428 of the Code of Civil Procedure requires: ’The order of attachment shall be served by the officer of the court by attaching, and safely keeping all the movable property of the defendant.’

"It will be seem from the recitals above quoted that the sheriff never claims to have taken into his ’keeping’ the articles in controversy, but, on the contrary, left them with the attachment defendants, expressly relieving himself of all responsibility. This is clearly not a compliance with the statute and did not effect a valid attachment. A mere verbal declaration of seizure or service of writ is insufficient. (Hollister v. Goodale, 21 Am. Dec., 674; Jones v. Howard, 59 Am. St. Rep., 231; Miles v. Brown, 38 N. Y. Supr. Ct., 400.) There must be actual assumption of control (4 Cyc., 484, 485.) This is not saying that a defendant may not be custodian; but the possession and responsibility must be the sheriff’s and not the defendant’s. If as stated in defendant’s brief, such an arrangement is an everyday occurrence in attachment levies, here the vice of it can not too soon be declared."cralaw virtua1aw library

The facts presented by a preponderance of the evidence seem to be as follows:chanrob1es virtual 1aw library

The plaintiff, Walker, was the owner of a Filipino carriage factory. The building in which the factory was operated and its contents were, on the 30th of June, 1908, sold to a partnership known as "Arenas & Co.," by plaintiff, Walker, whose ownership, at the time of the sale, was not disputed by any of the parties to this action. The contract was evidenced by a writing (Exhibit A), from which it appears that the said company was to pay for the said factory and its contents the sum of p3,200, P600 of which was paid at the time of the sale (June 30, 1908) and the balance was to be paid in three installments, due, respectively, P600 on the 15th of July, 1908, P1,000 due on the 15th of September, 1908, and P1,000 due on the 31st of December, 1908. The said company paid the installment due on the 15th of July, 1908, but failed to pay said installments due in September and December. Paragraph 4 of said contract (Exhibit A) contains the following provision:jgc:chanrobles.com.ph

"That, should the said firm of Arenas & Co. not pay me the amount agreed to on the dates stated in the previous paragraph or within the thirty days following any of the said terms, the present sale shall be rescinded, and I, Herbert S. Walker, shall be entitled to take possession of the building as well as of the business and all the goods constituting the same."cralaw virtua1aw library

The said company having failed to pay the second and third installments due respectively in September and December, as above indicated, the plaintiff Walker, early in the month of January, 1909, by virtue of the said provision of the contract, rescinded said sale and took possession of said factory with its contents. The factory was located upon the land belonging to the plaintiff Rohde. The said company had failed for some months to pay the rent for the land. The plaintiff Rohde claimed that by virtue of the provisions of paragraph 7 of article 1922 of the Civil Code that he had a preferred claim against the said factory and its contents for the payment of the rent. The plaintiff Rohde, acting for himself and for the plaintiff Walker, took possession of said factory and its contents, on or about the first of January, 1909. Mr. Rohde testified that at the time he took possession of said factory, representing himself and the said Walker, there was no one in possession of said property except the said Arenas & Co., and that Arenas & Co. turned said property over to him without any objection whatever, in fact, that the delivery was made by mutual consent and agreement.

It appears, however, that on or about the 16th of December, 1908, the defendant, acting as sheriff of the city of Manila, levied and attachment upon the said factory and its contents, by virtue of a judgment theretofore rendered against the said Arenas & Co. The record does not disclose fully just what was done in effecting said attachment. It appears, however, by an indorsement upon said alleged writ of attachment, or perhaps by a stipulation between the parties (to the attachment, that the goods attached "shall remain in the possession of the same defendants, relieving the sheriff of all responsibility as regards the care and custody thereof."cralaw virtua1aw library

The plaintiff Rohde testified that he had never heard of said attachment until about the 29th of January, 1909; that he continued in possession from the time (about January 1) that Arenas & Co. was only permitted to enter the premises thereafter for the purpose of preparing the contents of said factory for sale.

The evident theory of the defendant and appellant is that the attachment had the effect of defeating the right of the plaintiffs in said factory and its contents. It appears in the record, that in some way the defendant obtained possession of the articles mentioned in paragraph 1 of the complaint, and that some time early in the month of February, 1909, they were sold for the sum of p191, and a few cents. It is not suggested in the record that the defendant does not pretend that what he did was done as sheriff. The plaintiff does not attempt to recover of the defendant as sheriff. The pretension of the plaintiff is that the defendant, Jose McMicking, took possession of certain personal property, and retains the possession of the same, which belongs to them. Even admitting that the defendant did by, by virtue of an attachment, as sheriff, pretend to take possession of the property in question, the plaintiffs contend that the attachment was void for the reason that the defendant, as sheriff, did not comply with the law in levying the said attachment.

The lower court, basing his conclusion upon the provisions of section 428 of the Code of Procedure in Civil Actions, held that the attachment was null for the reason that the defendant did not comply with said section. Section 428 provides that —

"The order of attachment shall be served by the officer of the court by attaching and safely keeping all the movable property of the defendant in the Philippine Islands, or so much thereof as may be sufficient to satisfy the plaintiff’s demands, unless the defendant gives security by obligation to the plaintiff, with sufficient surety, to be approved by the judge who granted the order of attachment, in an amount sufficient to satisfy such demands besides costs, . . . The property so attached shall be held to await final judgment in execution, unless released as provided in this section or section four hundred and forty."cralaw virtua1aw library

It will be noted, even admitting that the defendant is here sued as sheriff, and that his responsibility in this action is as sheriff, that he did not comply with said section 428, in making said attachment. He did not attach and safely keep the movable property attached. A verbal declaration of seizure or service of a writ of attachment is not sufficient. There must be an actual taking of possession and placing the attached property under the control of the officer or someone representing him. (Hollister v. Goodale, 8 Conn., 332, 21 Am. Dec., 674; Jones v. Howard, 99 Ga., 451, 59 Am. St. Rep., 231.)

We believe that under said section 428 to constitute a valid levy of an attachment, the officer levying it must take actual possession of the property attached as far as under the circumstances is practicable. He must put himself in position to, and must assert and, in fact, enforce a dominion over the property adverse to and exclusive of the attachment debtor, and such property must be in his substantial presence and possession. (Corniff v. Cook, 95 Ga., 61, 51 Am. St. Rep., 55, 61.) Of course, this does not mean that the attaching officer may not, under an arrangement satisfactory to himself, put anyone in possession of the property for the purpose of guarding it, but he can not in this way relieve himself from liability to the parties interested in said attachment.

We are of the opinion, and so hold, that the attachment was not properly made in accordance with the provisions of the Code of Procedure in Civil Actions. There is no pretension, however, in the record, on the part of the defendant, that he attached said property and held the same by virtue of such attachment. Even though this defense had been made by the defendant, which is only made by his attorney, it would be an admission of the principal facts alleged by the plaintiffs in their complaint — to wit, that he had taken possession of personal property belonging to them. The defense made by the defendant is new matter, to which the reference whatever was made in the pleadings, and it is, therefore, upon the whole, inadmissible. Facts not alleged in the pleadings but offered as evidence, which admit the facts alleged, but tend to confess and avoid the facts alleged, are not admissible in evidence. (Bliss on Code Pleadings, 3d ed., 427, and cases cited.) For example: A sues B on a promissory note, setting up the necessary facts in his petition. B answered by a general denial. B’s real defense is prescription. B will not be permitted to prove prescription for the reasons that (a) he denied the existence of the debt, and (b) by his evidence tending to show that the said debt is prescribed, he thereby admits the existence of the debt, which is a confession of his liability. In other words, the defense of prescription is a confession and an avoidance of the obligation.

Under the second assignment of error the appellant contends that the original sale of said factory and its contents had not been rescinded by the plaintiffs herein in a manner which in any way affected the defendant. The fourth clause of the contract of sale (Exhibit A) quoted above, gave the vendor of said factory and contents the right to rescind the sale for a failure to pay any of the subsequent installments. The plaintiffs testified during the trial that the second installment had not been paid, in accordance with terms of the contract and that he, therefore, rescinded the contract of sale, to which rescission, the said company (the purchaser) acceded and delivered to the plaintiff Walker the said carriage factory and its contents. No allegation is made by the defendant that either the contract of the rescission of the contract was corruptly made, or for the purpose of defrauding any of the creditors. Exhibit A was the contract between the said company and the plaintiff Walker. It constituted that law covering the rights of the respective parties to it. (Arts. 1254 and 1255, Civil Code.) The plaintiff Walker did all that was necessary for him to do to rescind said contract.

Under the third assignment of error, the appellant insists that the contract could not be rescinded by Walker without returning to Arenas & Co. the amount of money which Arenas & Co. had paid on said contract, and cites several provisions of the Civil Code in support of his contention, especially article 1295. Arenas & Co. are not parties to this action. Arenas & Co. have made no claim for the return of the money which they paid on said contract. If they have a right to a return of the money which they paid on said contract upon a rescission by Walker, a question which we do not now decide, they are the only ones which can insist upon it. No such claim is here made. It is not a right which the defendant in this action can insist upon. This question is not involved in the present action for the reason that Arenas & Co. make no such claim. They are not parties to this action.

Under the fourth assignment of error, the defendant insists or contends that the value allowed by the lower court for the property in question was excessive. Upon an examination of the evidence brought to this court, relating to the value of the property in question, we are of the opinion, and so hold, that the lower court committed no error in fixing the value of said property at the sum of P539. The price obtained for property under a force sale is not a fair criterion for the purpose of ascertaining the true value of such property.

We have discussed at length the assignments of error made by the appellant, but in our opinion the whole case may be stated briefly as follows:chanrob1es virtual 1aw library

First. The defendant attached certain property under a writ of execution issued by one of the courts of the city of Manila, which attachment was levied upon the property in question. This attachment, however, was rendered invalid and of no effect for the reason that the defendant did not maintain his control over the same, either personally or by his representatives. The attachment became invalid the moment the sheriff lost either his actual or constructive control over the property.

Second. The plaintiffs herein, innocently and in good faith and under a right, acquired possession of the property in question.

Third. That subsequent to the acquisition of the possession by the plaintiffs, the defendant, in some way which does not appear of record, acquired possession of the property in question, and admits that he subsequently sold it.

Fourth. The plaintiffs allege that the defendant is in possession of property belonging to them, and prays that the same may be returned or its value. The defendant denies (general denial) that he has the possession of the property. The evidence clearly shows that the defendant did take possession of property which was rightfully in possession of the plaintiffs. He is therefore liable, either to return said property or its value.

For all of the foregoing reasons, we are of the opinion and so hold that the judgment of the lower court should be affirmed, with costs. So ordered.

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




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  • 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