MARCELINO B. FLORENTINO and LOURDES T. ZANDUETA vs. PHILIPPINE NATIONAL BANK G.R. No. L-8782 Ap !

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Fa()*+ petitioner Marcelino B. Florentino is a holder of Backpay Acknowledgment No. 1721 dated Octo er !" 1#$%" in the amo&nt of '22"(#!.)) y virt&e of *ep& lic Act No. (#7 approved on +&ne 2," 1#$) -hat the petitioners are inde ted to the respondent ank in the amo&nt of '!"(,, pl&s interest" the same having een inc&rred on +an&ary 2" 1#$)" which is d&e on +an&ary 2" 1#$% petitioners and appellants filed with the .o&rt of First /nstance of 0a 1nion a petition for mandam&s against respondent and appellee" 'hilippine National Bank" to compel it to accept the ackpay certificate of petitioner Marcelino B. Florentino iss&ed to him y the *ep& lic of the 'hilippines" to pay an inde tedness to the 'hilippine National Bank in the s&m of '!"(,, sec&red y real estate mortgage on certain properties. 'hilippine National Bank2s contention is that said 3&alifying cla&se refers to all the antecedents" whereas the appellant2s contention is that it refers only to the last antecedent. 45.. 2. -he -reas&rer of the 'hilippines shall" &pon application of all persons specified in section one hereof and within one year from the approval of this Act" and &nder s&ch r&les and reg&lations as may e prom&lgated y the 4ecretary of Finance" acknowledge and file re3&ests for the recognition of the right of the salaries or wages as provided in section one hereof" and notice of s&ch acknowledgment shall e iss&ed to the applicant which shall state the total amo&nt of s&ch salaries or wages d&e the applicant" and certify that it shall e redeemed y the 6overnment of the 'hilippines within ten years from the date of their iss&ance witho&t interest7 'rovided" -hat &pon application and s& 8ect to s&ch r&les and reg&lations as may e approved y the 4ecretary of Finance a certificate of inde tedness may e iss&ed y the -reas&rer of the 'hilippines covering the whole or a part of the total salaries or wages the right to which has een d&ly acknowledged and recogni9ed" provided that the face val&e of s&ch certificate of inde tedness shall not e:ceed the amo&nt that the applicant may need for the payment of ;1< o ligations s& sisting at the time of the approval of this amendatory Act for which the applicant may directly e lia le to the 6overnment or to any of its ranches or instr&mentalities" or the corporations owned or control y the 6overnment" or to any citi9en of the 'hilippines" or to any association or corporation organi9ed &nder the laws of the 'hilippines" who may e willing to accept the same for s&ch settlement. I**,-+ whether the cla&se =who may e willing to accept the same for settlement= refers to all antecedents =the 6overnment" any of its ranches or instr&mentalities" the corporations owned or controlled y the 6overnment" etc."= or only the last antecedent =any citi9en of the 'hilippines" or any association or corporation organi9ed &nder the laws of the 'hilippines H-"d+ 6rammatically" the 3&alifying cla&se refers only to the last antecedent> that is" =any citi9en of the 'hilippines or any association or corporation organi9ed &nder the laws of the 'hilippines.= /t sho&ld e noted that there is a comma efore the words =or to any citi9en" etc."= which separates said phrase from the preceding ones. -he 4ecretary of +&stice" in his Opinion No. 22!" series of 1#%(" held that the phrase =who may e willing to accept the same for s&ch settlement= 3&alifies only its immediate antecedent and does not apply to the 6overnment or its agencies. to make the acceptance of the ackpay certificates o ligatory &pon any citi9en" association" or corporation" which are not government entities or owned or controlled y the government" wo&ld render section 2 of *ep& lic Act No. (#7 &nconstit&tional" for it wo&ld amo&nt to an impairment of the o ligation of contracts y compelling private creditors to accept a sort of promissory note paya le within ten years with interest at a rate very m&ch lower than the c&rrent or even the legal one. appellee is ordered to accept the ackpay certificate Marcelino B. Florentino