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On appeal, the defendant does not dispute the fact conclusionesde the original ruling.
Only right cuestionesde raises, saying the lower court errors to noaplicar Law No. 689
to the present case and dismiss it no complaint for lack of cause of action.
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The appellant alleges that the approval of Law No. 689en October 15, 1945,
arrendamientoque contract, according to Article 1581 of the Civil Code, was to
entendersede month to month, extended stay automaticante aseis months the lease that
comenzodesde the date the law came into force, was extendidohasta the April 15,
1946, that after this date fuesolamente when the cause of action born of
demandantes.Por this reason, - argues the defendant, - debiohaber been dismissed the
demand.
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If the tenant, say for example, has acupadola estate since the first of January 1940 on
a monthly rent, and continued automatic renewal enmes month, was I occupied until
October 18 1946fecha that was passed Republic Act No . 66, since when we have year
lease? There are three theories: (1) from the first occupation of acuerdocon the
provisions of the Civil Code or the first of JANUARY 1940 in the proposed case, (2)
approval from dela Law No. 66 of the Republic, and (3) from the primeratacita
renewal after the approval of this Act
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If we count from 1. January 1940, which is the original occupation under the Code
Civl, the arrendatarioya would have no right to that within a year because
haterminado and on December 31 the same year, the elapsed plazoha excess. There
will be no Congress intenciondel been computed within one year from the original
occupancy pursuant to the provisions of CodigoCivil. In this case the term granted by
law would be illusory, if not absurd.
If the words of the law is liable to more than one acceptation, how absurd is an
interpretation would result unargumento force against their adoption. (Chartered
Bankof India, Australia and China against Imperial and National Bank, 48 Phil., 983.)
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In the interpretation of the law must always determine ydar effect to the intention of
the legislature, and the courts are not the words of a atendrana cuandro law deviates
from the true object of the legislature intenciony and inconsistent conclusions ileve
withthe spirit of the Law . Sutherland On this matter, the autoridadmas significant
modes of legal hermeneutics, says:
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The intent of the law is. - If debeproducir law validates its effects according to the
purpose and intent of legialador. The intention is vital, dla essence of the law, andthe
main rule interpretation is to determine and give effect to laintencion. The intention of
the legislature to enact a law is lamisma law and should be enforced when
determined, even cuandono is conform to the letter of the law when it deviates from
the true intent and general purpose of the law. The intention is espirituque gives life to
a legislative sanction. When interpreting a law is proposed to follow proper procedure
laid and adjustarse to laverdadera intention of the legislature and adopt the meaning
that the text harmonicemas encourage the better the politicay end of the legislature.
"(2 Sutherland, Statutory construction, 693.) Torres against Limjap, 56 Phil., 153.
If we count from the date of the approval dela law - October 18, 1946 - we would not
have absolutamenteningun based on the law, as is expressly disponeque the new
period must begin "from the time the occupation has begun inwhichthe under
semejantecontrato" without any reference to the date on which entroen force law.
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library
If we count the first automatic renewal term after the adoption of the law, then elano
begins from the first of November 1946 ytermina on October 30, 1947. Of the three
theories is the last ointerpretaciones this agreement withthe intention of the legislator,
which provides a reasonable remediopositivo and the current housing crisis.
Furthermore, it is possible that Congress has put in a worse situation qeurido a former
tenant who has been occupying a farm for many years that a new quesolo occupies the
property after the adoption of the law: andcannot dictate a discriminatory law. The
reason the law was cardinalde leave things status quo to minimize effects of war that
houses would not have thrown suficientespara the court, if reclamasenel arrendores
eviction of tenants under the provisions of Article 1581 of the Civil Code.
Urgentenecesidad had to restrict the grounds for eviction in biende the community, as
an order was necessary because a complete demoratoria economic dislocation.
Congress provided that "Except as provided in Article (eleven) twelve this Act, no
tenant eviction cases will uocupante than the faltavoluntaria and payment of Rent to
deliberate or when elarrendador must acupar the edificcio given on lease. " (Sec. 2 of
Commonwealth Act No. 689 talcomo was amended by Republic Act No. 66.) This
legal provision any tenant, afterthe the approval of the law, will be evicted unless (a)
voluntary and deleberadamente stop paying the rent, or (b) that the landlord has the
need to occupy the property, or (c) that the lessee sublet without the landlord's
consentimientoescrito. 1 (Sec. 11.)
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According to the court ruling, the plaintiffs have needfor ocuapr the only house they
stay, part of which now occupies the defendant. All other houses had been burned
during the entry of the liberating troops, and currently live in a house the
calleValenzuela No. 241, Manila, P250 mensualde paying rent. These findings of fact
of the appealed decision should not be reviewed. (Rule 42, Article 2.) It is unfair that
the plaintiffs, having a house of their own, they can not occupy it and have to live in
otray pay a monthly rent? If it is inhumane, under current lascircuntancias, kick a
tenant of a casaarrendada, it is also inhumane to deprive the owner occupies
yourhome in preference to any other person, that it is not bound to the plight of living
in a strange house, paying rent more or less exorbitant.
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The provision of the law that any tenant will develop huciado but only in cases
specified esmandatoria, and should be applied in pending cases inthe courts at the
time of approval. Esley emerging character, and will be in vigordurante only four
years since the date of its approval. Inthe explanatory note, the authors of the bill
introduced in the Senate, said: "As this is speculation castigaruna is creadads
circuntanciasespeciales product of the war, the law ceases to govern encuanto
emergency expires." The puedsenobrar trubunales otherwise not.
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The need for the plaintiffs to use the house is its cause of action to evict the defendant.
No errors the court a quo in not discharging demand.
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Moran, CJ, Paras, Briones, Hontiveros and Tuason, MM., Are satisfied.
PERFECT, M.:
Separate Opinions
Under Commonwealth Act No. 689, as amended byRepublic Act No. 66, as construed
by This Court in thecase of Santos vs. De Alvarez (78 Phil., 503), the tenant onlycases
In Which May to be ousted are (1) deliberatefailure to pay the rents, (2) sublease of
the premiseswithout the consent of the lessor, and (3) ofthe necessity landlord to
occupy the premises.
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A lessee May be ousted, even before the expiration ofthe term of lease stipulated by
the parties or provided bylaw, if the lessee (1) deliberately fails to pay the rents, or (2)
sublease the property to another without the lessor'sconsent. But if the landlord needs
to occupy the leased proerty, May I oust the tenant before the expiration of theterm of
lease stipulated in the contract of lease, or extendedby Act No. 689? The majority
decision holds the affirmative, and we the negative for the Following cogent reasons:
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The Provisions of section 1, Act No. 689 as amended Act No. 66 byRepublic Provides
that contracts of lease ofresidential building which do not specify any term, shallbe
Considered Counted as one year duration from the dateof occupation by virtue of said
contract of lease, at theoption of the lessee. If the lessee May be ousted before the
expiration of the term of lease stipulated by the partiesor extended by law if I needs
the premises, what is theuse of Such extension? It would be absolutely useless
orsuperflous for the law to Provide for Such an extension by the law itself, if the
lessor May oust the lessee at anytime if I needs the leased property. It is
elementarythat if a law contains several Provisions or particulars, if possible Such a
construction will be ADOPTED as will give effect to all (section 58, Rule 123).
Chanroblesvirtualawlibrary
Besides, there can not be any doubt That Act No. 689, as amended, was Enacted by
Congress for the benefit of tenants rather than That of landlords. Generally
poorpeople are tenants who can not afford to live in a house of Their Own, and
landlords are well-to-do persons Who Have To Have Sufficient means residential or
build houses for themselves. To Hold That, under Act No. 689, as amended,
conventional legal or term of lease That is binding upon the lessee, the lessor does not
bind if the Latter needs the leased premises, would be to place the lessor in a better
position than the lease. It is True that there are exceptional cases in Which the
landlord May need badly the property leased and cannotafford to have any other
house to live in except the leased property, but it is to be Presumed Such That the
lessor under circumstance or having Such perspective, would not have his leased
property at all, or it would not have leased without term but for a short term so as to
Prevent the application of the law Which considers as a lease for one if there is no
fixed term by the party, in order That Have the premises whenever service hemay
May be I need to occupy it.
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We are of the review That the trial court did not err in not dismissing the complaint,
Because the Plaintiffs need the premises for Their Own According To use the
evidence, and THEREFORE the judgment appealed from is Affirmed with costs
against the appellant.
I concur in the decision of the majority Which Affirms the judgment appealed from.
But my Reasons are Those Which Have Been set forth at length in my
dissentingopinion in Moya vs. Barton, p. 14, above. The fact That the owner, as found
by the court below, needs the premisesis one of the Reasons impelling affirmance, but
it is by no means the only, The most important, much less an essential reason, as I
believe having Demonstrated in the aforesaid dissenting opinion.
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"SEC. 2 .... Except as provided in section twelve of thisAct, lessee or occupant Shall
not be ejected in case other than for willful and deliberate nonpayment of rents or
When the lessor has to occupy the building leased."
The above-quoted portion of section 1 Necessarily amends article 1581 of the Civil
Code providing That "in default of an agreement as to the duration of the lease, it is
Understood as being from year to year, whan an annual rent has been fixed, from
month to month When the rent is monthly, and from day to day when it is daily. "
However, Doubts Will Arise upon the question Whether the amendment Governs
contracts existing before its approval, like the one Between the litigants at bar.
Chanroblesvirtualawlibrary
Now, I see in section 1 of Act No. 689, as amended, not inconsistent directive With its
future operation. HENCE, I believe it does not Affect contracts existing at the time of
its passage.
Chanroblesvirtualawlibrary
On the other hand, section 2 orders That "lessee or occupant Shall not be ejected"
except "for willful and deliberate non-payment of rents or When the lessor has to
occupy the building leased." 3 These terms compel immediate application to instant
lawsuits . No court would now be Justified in decreeing the ouster of tenants except
for the causes Indicated. The purpose of the law is plain: to avoid speculation on rents
and to afford relief to tenants, Whose precarious condition Has Become Widespread
acute by the devastation of the last war. The Legislature has spoken: During the fouryear period, not lessee Shall be turned out except for the causes listed. Courts must
obey the prohibition, que although modifying previous contracts Declared May not be
judicially invalid, porque is Undoubtedly a police measure, designed to meet a real
emergency endangering the life and the health and the welfare of so many members of
the public generally.
I concur with the majority in falloobjeto confirmation of lacing, but not the reasons
exponenpara support it.
Chanroblesvirtualawlibrary
The action was initiated on August 10, 1945, prior to the approval of Commonwealth
Act No. 689. Estase parobo on October 15, 1945. Reason underlying the action of the
plaintiff in the law then in force, that is, the Civil Code, and, so I put it in her
juzgadomunicipal. In the first instance, to which I raise in grade elasunto appeal, the
plaintiff no cause for action speed change, it could not because it was not permissible
to do so. The defendant did not invoke in their contestacionque was presented on
September 29 laMancomunidad Act No. 689, it still had not approved the law. Only
invoke in its memorandum submitted on January 14, 1946. The court a quo decided
the asuntoa basis of law in force when the action instituted. Did not even mention the
failure of the law invoked by the defendant in his memorandum. Can this Court in the
exercise of its jurisdiction to review application or enforce a law that did not exist
regia ypor therefore not while it is taken out the action? If the statement materialize
object to review the appellate ruling - the reason for action in juiciado; declares on
contestacional defendant's argument that the Commonwealth law invoked by the No.
689 does not apply to litigation, and confirm the fault subject of appeal, it would have
to escribiresta opinion. But the sentence makes pronouncements about the law
invoked by the defendant and gives aentender law giving application to a lawsuit
which arose or national action motivode long before this leyentrara into force. And
what's worse pronuncimientos ago regarding the law of the Republic No. 66, adopted
on October 18, 1946, amendatory of the former.
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La sentencia declara que "No habra sido la intencion del Congreso computar el plazo
de un ao del Codigo Civil.En tal caso el plazo que concede la ley seria ilusorio, si no
absurdo."
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In the case of Santos v. De Alvarez, GR No. L-332 whose decision is prolmulgo June
18 this year, I made mention of this as the basis of my dissent, is this statement:
"Under This provision, a lessee can not be ejected even for non-payment of rents,
where Such non-payment is not willful and deliberate and the lessor never subleased
it without authority. In other words, a lessee who is unable to pay on time the Agreed
rents Because of poverty or of any other circumstance beyond his check can not,
under the present law, be ejected from the leased property, if the other two
Circumstances are not present. " (78 Phil., 503.)
Chanrobles virtual law library
This trans just describe is, in my opinion, wrong and unfair, and if that faithfully
reflect the intention of the legislature, then the law would be subversive and contrary
to the Constitution, for being one of the public duties of the State to "promote justice
ensure social welfare and economic stability of all the people "(Article 5, Title II), the
state rather than comply, building, for example, housing for the underprivileged
Defortuna and using this resource the Treasury , the majority of this Court puts on the
shoulders of the landlord or owner of residential property to do so by the State
without partakers in that burden on other citizens., and this ruling is nonetheless
constitutional inhibition that not expropriate (taken) private property for public use
without just compendsacion (paragraph 2, Article 1, Title III), it is what would amount
although on a small scale to allow a tenant to occupy a property for a year even if they
pay residential stipulated rent. And not peoraun is that most do not allow the release
of a tenant "who could not pay the rent stipulated time by reason of poverty or other
accidents," without the concurrence of the other two reasons, or are, (1) the need for
the leased property from the lessor for personal use and (2) the sub-lease of the
property oparte lella by the lessee without the consent of the lessor porescrito. The
three reasons specified by law are not a time to attend. One of them is sufficient.
Chanroblesvirtualawlibrary
The Community Act No. 689, as reformadapor Republic Act No. 66, not detoga and
replaces the Civil Code in the matter, even temporarily, because the law has
application to contracts in which the lessee arrendamineto It treats to continue living
on a residential estate paid the stipulated rent. You will be protected by the law,
because by the housing shortage would be difficult to find another you where to
move. Just for any of the reasons specified by law and could throw off the farm for
the inhabited.
Chanroblesvirtualawlibrary
Article 1569 of the Civil Code provides four reasons why conventional or expiration
of the legal term, is modified by law, in the sense discussed above, ie that no tenant
could launch within four years from the approval of Republic Act No. 66, but only for
any of the reasons stated in losarticulos 2., 11. of Moncomunidad Act No. 689, as is
renovated. The second, that is, lack IO payment of rent stipulated, this well renovated,
in the sense that non-payment of rent must servoluntaria and deliberate, that is, that
the failure to pay the stipulated rent a tenant must be queteniendo with pay does not.
In other words, the law would not cover the tenant to live acosta quiese others. You
have no case law application of a arrendatarion indigent or that some time after the
contract quedase decelebrado insolvent, because if they inluyera within the scope of
the law, it would put a burden on the State, as stated above but in the shoulders of the
owner of the leased property. The beggar who, pretending to have means or has to
lease a residential estate, lease and occupy consiguerse not only would not be covered
by the law, but that would have to face a process. The law can not impose a property
owner of the duty to allow a residential estate duty to allow a homeless or occupy
bankrupt the laquiler or without payment of just compensation, because it would
deprive the owner though temporarily the use of your property without due process of
law. The third is not repealed by Act even temporarily. And the reason is obvious. If a
tenant in breach of the terms of the contract, take off the woodwork of the housetop,
later, the walls separating the rooms, and later the windows, to use as firewood, such
tenant could not be released yobligado addition to pay damages? If the answers yes,
as there may be another, then it is erroneous thesis that the law repeals and replaces
the Civil Code in the matter, even temporarily. The fourth is not abrogated by the law
even temporalmente.Y the reason is also clear and evident. If a tenant does not dwell
or lived in the leased property and had closed all the time, or if she would deposit
nitroglycerin, such tenant could not be released from the leased property? I think the
affirmative prevails. Therefore can not sustain the proposition that struck down the
law substituyoo Civil Code in the matter even temporarily (Act No. 689, as amended).
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And if all the above were not enough to demostrarde incontrovertible and irrefutable
way that it is due to give retroactive effect to the Commonwealth Act No. 689 and of
the Republic No. 66, enmendatario of the above, I would suffice to quote Article 14.
primeraley of which provides: "This law will be in effect for the first two years after
its passage." This same article, as amended by Republic Act No. 66, states: "This law
will be in force for a period of four years after its passage." And Article 2.
Amendatory law provides: "This Act came into force tanpronto be approved." These
provisions are not irrefutable proof of the non-retroactivity of the law? Under that
principle or rule of legal hermeneutics could be converted preterite imperfect future?
Chanrobles
Most not to lie in the grave consequences it brings the law giving retroactive effect. If
sediese law to that effect, tenants would have the right to bring action, which reason
had not prescribed, to recover excess rent paid hubeieran before the passage of the
law, such excess constitute a breach of Article 3. of the law. Landlords blockers that
law went into effect cocbrado hubiersen rent directly or indirectly by an amount
greater than that permitted by the law in its Article 3., Could be processed in
accordance with Article 9. Law. The legislator did not consider these consequences,
because it was not his intention to pass the bill with retroactive character. If he had
had such intention, those consequences nohubiesen your eye gone unnoticed avior. I
can not creere the legislature with full knowledge of these consequences character
passed the law retroactive, because the processing of a landlord rent a larger amount
of the permitidad by law in its Article 3., Seriainsostenible, for the law to authorize
procesamientoseria such ex post facto and therefore unconstitutional. LaConstuticion
prohibits any citizen be prosecuted for an act which was not punishable when it was
undertaken, although lofuese the initiation of the process (paragraph 11, Article 4,
tituloIII).
Chanroblesvirtualawlibrary
I insist that there is an absurdity icurriria or would find DIFFICULTY in solving the
problem at hand, if not the law be given retroactive effect. Giving law that purpose,
besides the absurdity incurred and the difficulty encountered in the resolution of the
lawsuit, it commits the grave error to solve it based not prosecuted according to law,
but on the basis of a law that did not exist and therefore not regia, the action
entablarsela time.
RESOLUTION
December 1, 1947
PAUL, M.:
"Que el local objeto de esta causa; situado en la calle R. Hidalgo No. 1100 es
necesario que lo vaque el demandado y apelante porque desde un principio lo
necesitaba para establecer alli un negocio de importacion que tengo por organizar con
otros compaeros, y nopuede abrirlo en ese sitio porque demandado y apelante lo
retiene;
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Que dicho sitio es un sitio comercial y no residencial, pues, ellocal esta situado en la
calle R. Hidalgo, Manila, en donde estan muchas casa comerciales, como la Estrella
del Norte, Squire & Bingham, Riu Hermanos, La Suiza, el establecimineto de taller de
escultura del seor Vicente, etc., y el mismo demandado estautilizando el local para su
negocio de barberia como el mismo lo admite;
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Los demandantes arguyen que el local en cuestion estaen una calle comercial en
donde estan la Estrella de Norte, Squires Bingham, Riu Hermanos, La Suiza, y que no
estasujeto a las disposiciones de la Ley No. 66 de la Republica. Segun la misma
declaracion jurada de uno de los demandantes, el local ocupado por el demandado lo
utiliza el para una barberia y para vivienda de su familia. Ese local es mas
indispensable para la manutencion de la familia del demandado que para un negocio
en perspectiva de los demandantes. El alojamiento es para el hombre tan necesario
como el alimento. Desahuciar, bajo las presentes circunstancias,al demandado es
desposeerle del unico medio de que se vale para alimentar a su familia. Los
demandantes, aun sin ese proyectado negocio, pueden continuar viviendo. El
demandado no debe ser desahuciado del local; el articulo 1. de la Ley No. 689 del
Commonwealth, tal como fue enmendado por la Ley No. 66 de la Republica, dice
que"se considerara incluido en las disposiciones de esta Ley, el edifio usado no
solamente como habitacion del arrendatario sino tambien como lugar de negocio de
este para industrias caseras destinadas a la manutencion de su familia." Esta
disposicion legal esta inspirada indudablementeen el sentimiento elevado y sublime
que distingue el hombre de los demas seres: el de no privar al projimo de su pan de
cada dia.
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Los demandantes contienden que las conclusiones de hecho del Juzgado inferior no
pueden ser alteradas, ni modificadas; que solamente las cuestiones de derecho
suscitadas por el demandado en apelacion son las que este Tribunal debe resolver. It is
true. En efecto, confirmamosla sentencia apelada aplicando la ley sobre las
conclusiones de hecho del Juzgado a quo , no discutidas por las partes.
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Puesto que la mocion de nueva vista del demandado se basa en la prueba nuevamente
descubierta del hecho de quelos demandantes no necesitan la casas para si, admitido
Moran, Pres., Paras, Feria, Bengzon, Briones y Tuason, MM., estan conformes.
We cannot agree with he resolution reversing the decision promulgated in this case on
August 29, 1947.
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There are no new facts and there is no new situation justifying the reversal.
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We also wish to dissent from the reaffirmation in the resolution of the theory of the
retroactive effect of Commonwealth Act No. 689 as amended by Republic Act No.66.
Our position against the retroactivity of either or both Acts is extensively explained
and argued in our opinionin the case of Santos vs. De Alvarez (78 Phil., 503).
I dissent from the resolution on the motion for reconsideration. The contract of lease
involved herein having antedated by several years the enactment of Commonwealth
Act No. 689 and Republic Act No. 66, the provisions ofsaid Acts invoked in the
resolution should not be applied, and the few facts stated in the resolution are
absolutely immaterial. For these reasons and in view of the other considerations set
forth in my dissent in Moya vs. Barton , p. 14, ante , I am of the considered opinion
that the motion for reconsideration should be denied.
cause, and added, moreover, that even assuming that in the last case, ie, at No. 2432 in
the Magistrates Court, the defendants have been duly summoned, however, the
judgment in this case is zero because it is based on a confession of judgment
(confession of judgment) that has not been signed by the defendant Nemesio Cabrera
but only by the respondent Artemio Fule, who signed for if and Nemesio Cabrera said
confession of judgment.
The first-issue, therefore, offered is a fact, that is, if the defendants in both cases Nos.
6189 and 2432 were deployed or not in demand. There is no dispute between the
parties that in 6189 because the Court of First Instance, the site was included in the
sheriff's office in Laguna province by counsel, Mr. Demetrio Hernandez, who said the
defendants be Nemesio Cabrera and Artemio Fule , that Demetrio Hernandez, as such,
arraigned in the case and answer the demand representation of such defendants, that
the site in case No. 2432 of the Peace Court was delivered by unpolicia personally to
these defendants, although these do not wanted to sign copies of the site claiming they
wanted to consult the case with your attorney. As such the facts, understand that the
lower court stating that errors do not substantially the defendants were properly
deployed in the two cases, according to the law, and therefore I act right not to accept
the proposal supported by the appellant on this point.
As if in case No. 2432 had been submitted or not the confession of judgment with
knowledge and consent of Nemesio Cabrera, although there is direct evidence on this
point, the facts and circumstances proved in the case indicate that the confession of
judgment was filed with acquiescence of said Nemesio Cabrera. Artemio Fule, his codefendant and son, the eon lived in the same house. Did the (Cabrera) who had
promoted and appealed by the defendant, in the Court of First Instance of Laguna, a
mortgage foreclosure action against him and his son. I knew, also, that this case was
ruled in favor of the defendant, and that judgment having become final, was executed
sold, in consequence, the mortgaged property at public auction, and the defendant
having been the best bidder in the sale , ascribed to such property mortgaged. The
defendant had always been willing to beg Fule and his wife, to allow them to retract
the goods, but for some reason or another, neither the applicant nor Fule and Nemesio
Cabrera could not. When Fule arraigned before the Justice of Peace of San Pablo, for
the hearing of the case in that court, signed the confession of judgment in case for his
father Cabrera, who, as we have said, he and his wife lived in the same house and in
which the defendant and appellee occasion, at the request of Fule, agreed that this
would give an opportunity to recover the assets that were awarded to those in the
aforementioned sale at public auction. All of which leads us to believe that Nemesio
Cabrera had knowledge - and nodded to it - of acts done by his son Fule, in relation to
sequidos procedures in the Magistrates Court in Case No. 2432.
In view of the foregoing, it is our feeling that the matter should be handed down to,
and it failed stating that the procedures followed in both case No. 6189 of the Court of
First Instance of Laguna, as in case No. 2432 of the Court of Peace St. Paul, which
were in accordance with the law
Accordingly, we uphold all parts of the judgment under raised, the costs borne by the
appellant. So ordered.
Avancea, CJ, Diaz, Laurel and Moran, MM., Are satisfied.