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Macondray vs. Eustaquio [G.R. No. 43683. July 16, 1937.] Under section 128 of the Code of Civil Procedure, the judgment by
default against a defendant who has neither appeared nor filed his
First Division, Imperial (J): 6 concur
answer does not imply a waiver of rights except that of being heard
Facts: Macondray & Co. Inc. sold Urbano Eustaquio a De Soto car, and of presenting evidence in his favor. It does not imply admission
Sedan, for the price of which, P595, he executed in its favor the by the defendant of the facts and causes of action of the plaintif,
note of 22 May 1934. Under the note, Eustaquio undertook to pay because the codal section requires the latter to adduce his
the car in 12 monthly installments with 12% interest per annum, evidence in support of his allegations as an indispensable condition
likewise agreed that, should he fail to pay any monthly installment before final judgment could be given in his favor. Nor could it be
together with interest, the remaining installments would become interpreted as an admission by the defendant that the plaintif’s
due and payable, and Eustaquio shall pay 20% upon the principal causes of action find support in the law or that the latter is entitled
owing as attorney’s fees, expenses of collection which the plaintif to the relief prayed for. (Chaffin vs. McFadden, 41 Ark., 42; Johnson
might incur, and the costs. To guarantee the performance of his vs. Pierce, 12 Ark., 599; Mayden vs. Johnson, 59 Ga., 105; Peo. vs.
obligations under the note, Eustaquio on the same date mortgaged Rust, 292 Ill., 412; Madison County vs. Smith, 95 Ill., 328; Keen vs.
the purchased car in favor of Macondray, and bound himself under Leipold, 211 Ill. A., 163; Chicago etc. Electric R. Co. vs. Krempel,
the same condition stipulated in the note relative to the monthly 116 Ill. A., 253.) Thus, the defendant did not waive the application
installments, interest, attorney’s fees, expenses of collection, and by the court of Act 4122.
costs. The mortgaged deed was registered on 11 June 1934, in the
2. Act 4122 valid; Conclusion in Manila Trading vs. Reyes
office of the register of deeds of the Province of Rizal. On the 22nd
sustained
of the same month, Eustaquio paid P43.75 upon the first
installment, and thereafter failed to pay any of the remaining In Manila Trading & Supply Co. vs. Reyes (62 Phil., 461), the validity
installments. In accordance with the terms of the mortgage, of the Act 4122 was already passed upon when it was questioned
Macondray called upon the sherif to take possession of the car, but for the same reasons advanced, i.e. that it takes property without
Eustaquio refused to yield possession thereof. Whereupon, due process of law, denies the equal protection of the laws, and
Macondray brought the replevin sought and thereby succeeded in impairs the obligations of contract, thereby violating the provisions
getting possession of the car. The car was sold at public auction to of section 3 of the Act of The United States Congress of 29 August
Macondray for P250, the latter incurring legal expenses in the 1916, known as the Jones Law. As Macondray, through counsel,
amount of P10.68. advanced no new arguments which have not already been
considered in the Reyes case, there is no reason for reaching a
Macondray brought the action against Eustaquio to obtain the
diferent conclusion. The law seeks to remedy an evil which the
possession of an automobile mortgaged by the latter, and to
Legislature wished to suppress; this legislative body has power to
recover the balance owing upon a note executed by him, the
promulgate the law. The law does not completely deprive vendors
interest thereon, attorney’s fees, expenses of collection, and the
on the installment basis of a remedy, but requires them to elect
costs (According to the liquidation filed by Macondray, Eustaquio
among three alternative remedies. The law, on the other hand,
was still indebted in the amount of P342.20, interest at 12% from
does not completely exonerate the purchasers, but only limits their
20 November 1934, P110.25 as attorney’s fees, and the costs.).
liabilities. Finally, there is no vested right when a procedural law is
Eustaquio was duly summoned, but he failed to appear or file his
involved, wherefore the Legislature could enact Act 4122 without
answer, wherefore, he was declared in default. Still, the CFI Manila
violating the organic law.
dismissed the complaint, without costs. Hence, the appeal by
Macondray. 3. Manila Trading vs. Reyes; Validity of act solely one of
constitutional power; Motive or results irrelevant
The Supreme Court affirmed the appealed judgment, with the costs
against Macondray and Co. The question of the validity of an act is solely one of constitutional
power. Questions of expediency, of motive, or of results are
1. Non-appearance by defendant does not imply a waiver of
irrelevant. Nevertheless it is not improper to inquire as to the
rights excepts those of being heard and of presenting
occasion for the enactment of a law. The legislative purpose thus
evidence in his favor; Court did not err in applying Act 4122
disclosed can then serve as a fit background for constitutional
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inquiry. passed in State of Washington not controlling
4. Manila Trading vs. Reyes; Purpose of Act 4122 In 1897, an Act was passed in the State of Washington which
provided “that in all proceedings for the foreclosure of mortgages
Act 4122 aims to correct a social and economic evil, the inordinate
hereafter executed, or on judgments rendered upon the debt
love for luxury of those who, without sufficient means, purchase
thereby secured, the mortgagee or assignee shall be limited to the
personal efects, and the ruinous practice of some commercial
property included in the mortgage.” It was held by a divided court
houses of purchasing back the goods sold for a nominal price
of three to two that the statute since limiting the right to enforce a
besides keeping a part of the price already paid and collecting the
debt secured by mortgage to the property mortgaged, whether
balance, with stipulated interest, costs, and attorney’s fees. As a
realty or chattels, was an undue restraint upon the liberty of a
consequence, the vendor does not only recover the goods sold,
citizen to contract with respect to his property rights. But as is
used hardly 2 months perhaps with only slight wear and tear, but
readily apparent, the Washington law and the Philippine law are
also collects the entire stipulated purchase price, probably swelled
radically diferent in phraseology and in efect. (Dennis vs. Moses
up 50% including interest, costs, and attorney’s fees. This practice
[1898], 40 L. R. A., 302.)
is worse than usurious in many instances. And although, of course,
the purchaser must sufer the consequences of his imprudence and 7. Manila Trading vs. Reyes; US Jurisprudence, Act passed in
lack of foresight, the chastisement must not be to the extent of State of Oregon not controlling
ruining him completely and, on the other hand, enriching the
In Oregon, in a decision of a later date, an Act abolishing deficiency
vendor in a manner which shocks the conscience. The object of the
judgments upon the foreclosure of mortgages to secure the unpaid
law is highly commendable.
balance of the purchase price of real property was unanimously
5. Manila Trading vs. Reyes, citing Bachrach Motor vs. sustained by the Supreme Court of that State. The importance of
Millan; Purpose of amendment the subject matter in that jurisdiction was revealed by the fact that
four separate opinions were prepared by the justices participating,
The principal object of the amendment was to remedy the abuses
in one of which Mr. Justice Johns, shortly thereafter to become a
committed in connection with the foreclosure of chattel mortgages.
member of this court, concurred. However, it is but fair to state that
The amendment prevents mortgagees from seizing the mortgaged
one of the reasons prompting the court to uphold the law was the
property, buying it at foreclosure sale for a low price and then
financial depression which had prevailed in that State. While in the
bringing suit against the mortgagor for a deficiency judgment. The
Philippines, the court can take judicial notice of the stringency of
almost invariable result of this procedure was that the mortgagor
finances that presses upon the people, there is no reason to believe
found himself minus the property and still owing practically the full
that this was the reason which motivated the enactment of Act
amount of his original indebtedness. Under this amendment the
4122. (Wright vs. Wimberley [1919], 184 Pac., 740).
vendor of personal property, the purchase price of which is payable
in installments, has the right to cancel the sale or foreclose the 8. Manila Trading vs. Reyes; US Jurisprudence, Bronzon vs.
mortgage if one has been given on the property. Whichever right Kinzie
the vendor elects he need not return to the purchaser the amount
In the case of Bronzon vs. Kinzie [1843], 1 How., 311), decided by
of the installments already paid, “if there be an agreement to that
the Supreme Court of the United States, the Court had under
efect.” Furthermore, if the vendor avails himself of the right to
consideration a law passed in the State of Illinois, which provided
foreclose the mortgage this amendment prohibits him from
that the equitable estate of the mortgagor should not be
bringing an action against the purchaser for the unpaid balance.
extinguished for 12 months after sale on decree, and which
Under the amendment, in, all proceedings for the foreclosure of
prevented any sale of the mortgaged property unless 2/3 of the
chattel mortgages, executed on chattels which have been sold on
amount at which the property had been valued by appraisers
the installment plan, the mortgagee is limited to the property
should be bid therefor. The court declared that “Mortgages made
included in the mortgage. (Bachrach Motor Co. vs. Millan [1935], 61
since the passage of these laws must undoubtedly be governed by
Phil., 409.)
them; for every State has the power to describe the legal and
6. Manila Trading vs. Reyes; US Jurisprudence, 1897 Act equitable obligations of a contract to be made and executed within
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its jurisdiction. It may exempt any property it thinks proper from to pay two or more installments, the vendor may foreclose the
sale for the payment of a debt; and may impose such conditions mortgage, if one has been given on the property. The basis of the
and restrictions upon the creditor as its judgment and policy may first option is the Civil Code. The basis of the last two options is Act
dictate. And all future contracts would be subject to such 4122, amendatory of the Civil Code. And the proviso to the right to
provisions; and they would be obligatory upon the parties in the foreclose is, that if the vendor has chosen this remedy, he shall
courts of the United States, as well as in those of the State.” have no further action against the purchaser for the recovery of
any unpaid balance owing by the same. In other words, as we see
9. Manila Trading vs. Reyes; US Jurisprudence, Parties have
it, the Act does no more than qualify the remedy.
no vested right in particular remedies or modes of
procedure 12. Manila Trading vs. Reyes; Determination of
constitutional issues, all doubts resolve in the presumption
Parties have no vested right in particular remedies or modes of
to their validity
procedure, and the legislature may change existing remedies or
modes of procedure without impairing the obligation of contracts, Most constitutional issues are determined by the court’s approach
provided an efficacious remedy remains for enforcement. But to them. The proper approach in cases of this character should be
changes in the remedies available for the enforcement of a to resolve all presumptions in favor of the validity of an act in the
mortgage may not, even when public policy is invoked as an absence of a clear conflict between it and the constitution. All
excuse, be pressed so far as to cut down the security of a mortgage doubts should be resolved in its favor.
without moderation or reason or in a spirit of oppression.
13. Manila Trading vs. Reyes; Public policy defined and
(Brotherhood of American Yeoman vs. Manz [1922], 206 Pac., 403;
established by legislature, courts to perpetuate policy
Oshkosh Waterworks Co. vs. Oshkosh [1908], 187 U. S., 437; W. B.
Worthen Co. vs. Kavanaugh [1935], 79 U. S. Supreme Court The controlling purpose of Act 4122 is revealed to be to close the
Advance Opinions, 638.) door to abuses committed in connection with the foreclosure of
chattel mortgages when sales were payable in installments. That
10. Manila Trading vs. Reyes; Chattel Mortgage Law does
public policy, obvious from the statute, was defined and established
not provide for deficiency judgment upon foreclosure of
by legislative authority. It is for the courts to perpetuate it.
mortgage
14. Manila Trading vs. Reyes; Legislature may change
In the Philippines, the Chattel Mortgage Law did not expressly
judicial methods and remedies for the enforcement of
provide for a deficiency judgment upon the foreclosure of a
contracts
mortgage. Indeed, it required decisions of the Court to authorize
such a procedure. (Bank of the Philippine Islands vs. Olutanga The Legislature may change judicial methods and remedies for the
Lumber Co. [1924], 47 Phil., 20; Manila Trading & Supply Co. vs. enforcement of contracts, as it has done by the enactment of Act
Tamaraw Plantation Co., supra.) But the practice became universal 4122, without unduly interfering with the obligation of the contract,
enough to acquire the force of direct legislative enactment without sanctioning class legislation, and without a denial of the
regarding procedure. To a certain extent the Legislature has now equal protection of the laws.
disauthorized the practice, but has left a sufficient remedy
15. Interpretation of laws, Intent of legislature; Restriction
remaining.
of meaning of “unpaid balance” should be expressly stated
11. Manila Trading vs. Reyes; Remedies available to vendor
The provision “However, if the vendor has chosen to foreclose the
who has sold personal property on installment plan; Basis
mortgage he shall have no further action against the purchaser for
of remedies
the recovery of any unpaid balance owing by the same, and any
Three remedies are available to the vendor who has sold personal agreement to the contrary shall be null and void,” is the subject of
property on the installment plan. (1) He may elect to exact the the interpretation. The paragraph, as its language shows, refers to
fulfillment of the obligation. (Bachrach Motor Co. vs. Millan, supra.) the mortgage contract executed by the parties, whereby the
(2) If the vendee shall have failed to pay two or more installments, purchaser mortgages the chattel sold to him on the installment
the vendor may cancel the sale. (3) If the vendee shall have failed basis in order to guarantee the payment of its price, and the words
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“any unpaid balance” should be interpreted as having reference to
the deficiency judgment to which the mortgagee may be entitled
where, after the mortgaged chattel is sold at public auction, the
proceeds obtained therefrom are insufficient to cover the full
amount of the secured obligations which, in the case at bar as
shown by the note and by the mortgage deed, include interest on
the principal, attorney’s fees, expenses of collection, and the costs.
The fundamental rule which should govern the interpretation of
laws is to ascertain the intention and meaning of the Legislature
and to give efect thereto. (Sec. 288, Code of Civil Procedure; U. S.
vs. Toribio, 15 Phil., 85; U. S. vs. Navarro, 19 Phil., 134; De Jesus vs.
City of Manila, 29 Phil., 73; Borromeo vs. Mariano, 41 Phil., 322;
People vs. Concepcion, 44 Phil., 126.) Were it the intention of the
Legislature to limit its meaning to the unpaid balance of the
principal, it would have so stated.

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