GR No. l7790

G.R. No.
L-7790 March 19, 1914
EL BANCO ESPAÑOL-FILIPINO, plaintiff-appellee,
vs.
MCKAY & ZOELLER, defendants-appellants.
Gibbs & McDonough for appellants.
Southworth & Hargis for appellee
TRENT, J.:
An appeal from a judgment upon the pleadings condemning the defendants to pay the plaintiff the sum
of P4,600 with interest and costs.
The note which forms the basis of this action and which is copied in the complaint is as follows:
APRIL 10, 1911.
Three months and five days after date, for value received, I promise to pay to Levy Hermanos or order
four thousand and six hundred pesos, Philippine currency (P4,600.00). Due July 15, 1911.
MCKAY and ZOELLER,
G. MCKAY,
Member of the firm.
The third paragraph of the complaint reads: "That on July 7, 1911, the said Levy Hermanos, in whose
favor the promissory note was made, indorsed and transferred to the plaintiff, for value received, the
said promissory note; and that the present plaintiff is at the time the owner and holder of the said
promissory note."
The defendants, in their answer, admit paragraph one of the complaint, in which are alleged the
personality and residence of the parties, and deny each and every other allegation; and as special
defense allege that the note in question is not a negotiable one; that the payees are the real parties in
interest in the collection of said note, they having transferred it to the plaintiff for collection only; that
said note was given in part payment for a certain number of diamonds purchased from the payees; that
the payees stated and guaranteed that said diamonds were genuine, first-class, blue-water diamonds,
when, as a matter of fact, they were not; that it was through these false representations that the
defendants were induced to purchase the diamonds, paying therefor P9,200 of which P4,600 was paid in
cash and the balance secured by the execution and delivery of the note in question; and that they have
offered to return the diamonds and are now ready and willing to return them, but the payees refuse to
accept them. The defendants ask in their counterclaim that the payees be made parties to this action;
that judgment be rendered against the plaintiff and the payees for the sum of P4,600; for the rescission
of the contract of sale of the diamonds; for the cancellation of the note; and for the cost of the cause.
The plaintiff demurred to the answer on the ground that the allegations in the same were not sufficient
to constitute a defense. The demurrer was sustained and upon the defendant's refusing to amend their
answer judgment was rendered in favor of the plaintiff, without the introduction of any evidence.
Counsel for the defendants insists that the court erred (1) in holding that the note in question is a
negotiable instrument; (2) in sustaining the plaintiff's demurrer; and (3) in rendering judgment against
the defendants.
The note being copied into and made a part of the complaint and the defendants having failed to deny
the execution of the note under oath, its genuineness and due execution are admitted, without the need
of proof on the part of the plaintiff. (Sec. 103, Code Civ. Proc., and Chamber of Commerce vs. Pua Te
Ching, 14 Phil. Rep., 222, where the cases are collected.) This is not, however, true of the indorsement;
Heinszen and Co. vs. Jones (5 Phil. Rep., 27), where this court said:
It is claimed by the appellees that section 103 of the Code of Civil Procedure applies not only to the note
itself, but also to the indorsement thereon, inasmuch as the indorsement was not denied by the
defendant under oath, its genuineness is admitted. We cannot agree with this contention. The
instrument upon which this action was brought is the promissory note. The action was brought upon the
indorsement. That imposed no liability upon the defendant, and while it was the duty of the latter to
deny execution of the note under oath, it was not his duty to do this with reference to the indorsement.
the reason for this is plain. The defendant is supposed to know whether he signed the note or not, but in
a great majority of cases there is no reason for saying that he is supposed to know whether the payee
has or has not indorsed the note to a third person.
And again, in Lim-Chingco vs. Terariray (5 Phil. Rep., 120), it is said:
Reasonably construed, the purpose of the enactment (sec. 103) appears to have been to relieve a party
of the trouble and expense of proving in the first instance an alleged fact, the existence or nonexistence
of which is necessarily within the knowledge of the adverse party, and of the necessity (to his
opponent's case) of establishing which such adverse party is notified by his opponent's pleading.
It is further contended that the note is defective because it does not comply with the sixth requisite of
article 531 of the Code of Commerce by designating the place of payment. In Compañia General de
Tabacos vs. Molina (5 Phil. Rep., 142), it is held that this provision is not strictly applicable to promissory
notes drawn to order, and that such omission does not in any event destroy their commercial character.
Nor is the objection that the instrument is defective in not containing its specific name as provided by
the first paragraph of article 531 a valid one. The words "I promise to pay" sufficiently identity its
character. (Rodriguez vs. Lasala, 5 Phil. Rep., 357.)
The note does not show that it arose from commercial transactions. Counsel for the appellants contends
that its failure to do so is fatal and quotes extensively from Banco Español-Filipino vs. Tan-Tongco (13
Phil. Rep., 628), to support this contention. It may be well to review the former decisions of this court on
the point in question. In Compañia General de Tabacos vs. Molina (5 Phil. Rep., 142), the note under
consideration read as follows:
Three months after date I promise to pay to the order of the Compañia General de Tabacos de Filipinas
three thousand three hundred and nineteen pesos and seventy-four cents, value received in
merchandise to my entire satisfaction.
THIRD DIVISION
G.R. No. 205065, June 04, 2014
VERGEL PAULINO AND CIREMIA PAULINO, Petitioner, v. COURT OF APPEALS AND REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE ADMINISTRATOR OF THE LAND REGISTRATION AUTHORITY,
Respondents.
G.R. NO. 207533
SPOUSES DR. VERGEL L. PAULINO & DR. CIREMIA G. PAULINO, Petitioners, v. REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY THE ADMINISTRATOR OF THE LAND REGISTRATION AUTHORITY,
Respondent.
DECISION
MENDOZA, J.:
These consolidated petitions assail 1] the September 24, 2012 Resolution1 of the Court of Appeals (CA)
ordering the issuance of a writ of preliminary injunction restraining the execution of the July 20, 2010
Decision2 of the Regional Trial Court, Branch 83, Quezon City, (RTC), Judge Ralph Lee presiding, which
ordered the reconstitution of a supposedly lost title; and 2] its March 5, 2013 Decision3 annulling the
said RTC decision.
Specifically, G.R. No. 205065 is a petition for certiorari under Rule 65 of the Rules of Court seeking to
annul the September 24, 2012 and December 20, 2012 Resolutions issued by the respondent CA,
granting the public respondent’s prayer for the issuance of a writ of preliminary injunction enjoining the
RTC from enforcing and implementing its July 20, 2010 decision, which ordered the Land Registration
Authority (LRA) to reconstitute the petitioners’ certificate of title, Transfer of Certificate Title (TCT) No.
301617 of the Registry of Deeds of Quezon City (QCRD).
On the other hand, G.R. No. 207533 is a petition for review on certiorari under Rule 45 of the Rules of
Court seeking to reverse and set aside the March 5, 2013 Decision and June 6, 2013 Resolution of the
CA, which granted the petition for annulment and setting aside of the July 20, 2010 RTC Decision, which
ordered the LRA to reconstitute petitioners’ certificate of title.

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G.R. No.

L-7790 March 19, 1914

EL BANCO ESPAÑOL-FILIPINO, plaintiff-appellee,

MCKAY & ZOELLER, defendants-appellants.

Gibbs & McDonough for appellants.

Southworth & Hargis for appellee

APRIL 10, 1911.

MCKAY and ZOELLER,

Member of the firm.

And again, in Lim-Chingco vs. Terariray (5 Phil. Rep., 120), it is said:

G.R. NO. 207533

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