2, 3,5,6 Case Digest

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  • 7/25/2019 2, 3,5,6 Case Digest

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    2. Govt of Phil Islands v El Monte de Piedad y Caja de Ahorras deManila

    FACTS: The Spanish Dominions paid to the treasury of the Philippine Islands$400, 000 for the relief of the June , !"# earthua%e& A 'alan(e of$0,)**+ as left out of the allotments made to the -i(tims& $"0,000 ofhi(h as turno-er to .onte de Piedad in installments of $)0,000 on Fe' !+,.ar(h !), April !4 and June ), !"" respe(ti-ely&

    /pon the petition of the heirs of the -i(tims entitled to said allotments,Department of Finan(e (alled for reim'ursement in !"* 'ut the 'an%refused to (omply on the round that only the 1o-ernor 1eneral had theriht to order reim'ursement& Philippines 1o-2t then on a suit to re(o-erthe sum of $"0,000 old or its eui-alent in P3 (urren(y, ith interest& nappeal, .onte de Piedad arued :

    !& That the amount as a donation su'5e(t to 'e returned to the

    Spanish 1o-2t,)& that the donors and not the Philippine 1o-2t is the real party in

    interest& that o'liation of the 'an% to pay the as iped out on the (hane

    of so-ereinty 6(ession of Philippines to the /S7, and4& that A(t num'ered )!0* passed 'y Philippine leislature in Jan 0,

    !*!) is un(onstitutional

    ISS/8: 9hether or not the Philippine o-ernment is authoried to ;le areim'ursement of the money of the people deposited in respondent 'an%&

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    & Lee v Director of Lands

    FACTS:

    e-ie of a re(onstitution (ase of lost (erti;(ate of title in the name of

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    a (itien, the Ga in the oriinal transa(tion is (onsidered (ured and the titleof the transferee is rendered -alid&Thus, the su'seuent transfer of theproperty to uali;ed Filipinos may no loner 'e impuned on the 'asis of thein-alidity of the initial transfer&The o'5e(ti-e of the (onstitutional pro-ision to%eep our lands in Filipino hands has 'een a(hie-ed&

    3oe-er the re(onstitution in the (ase at 'ar is not 'ased on oner2sdupli(ate, se(ondary e-iden(e or other -alid sour(es 'ut as a'sed on theplan and te(hni(al des(ription appro-ed 'y

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    Petition dismissed, Comele( resolutions mentioned a'o-e 6#7 is are a@rmed&

    #& In re A!!lication for Ad"ission to the Phili!!ine #ar v VicenteChin$

    FACTS: Hi(ente Chin as 'arred to ta%e his oath for admission to thePhilippine ar in !*** 'e(ause of his uestiona'le status of (itienship

    The @(e of the Soli(itor 1eneral as reuired to ;le a (omment on Chinspetition for admission to the Philippine ar& In his report:

    !& Chin, a leitimate (hild of a Filipino mother and an alien Chinesefather, 'orn on April !!, !*#4 in Tu'ao

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    4& The pres(ri'ed pro(edure in ele(tin Philippine (itienship is

    (ertainly not a tedious and painsta%in pro(ess& All that is reuired

    of the ele(tor is to e?e(ute an a@da-it of ele(tion of Philippine

    (itienship and, thereafter, ;le the same ith the nearest (i-il

    reistry& Chin2s unreasona'le and une?plained delay in ma%in his

    ele(tion (annot 'e simply lossed o-er&

    +& ne ho is pri-ileed to ele(t Philippine (itienship has only an

    in(hoate riht to su(h (itienship& It must 'e a-ailed ith

    enthusiasm and promptitude&

    Appli(ation for admission to the Philippine ar denied&