Legislation, Executive Orders, and Court Decisions

Title

Language

English

Source

The American Chamber of Commerce Journal Volume XXIV (No. 12) December 1948

Year

1948

Rights

In Copyright - Educational Use Permitted

Fulltext

448 AMERICAN CHAMBER OF COMMERCE JOURNAL December, 1948 Legislation, Executive Orders, and Court Decisions -By Ewald E. Selph Ross, Selph, Carrascoso & Janda IN a case promulgated by the Supreme Court, in October, 1948, some points to be observed in deal ing with a person who acts under power of attor ney from another are noted (Hodges v. Yulo, G. R. No. 48049, October 18, 1948.) Under his power of attorney, the defendant bor rowed P28,000 from the plaintiff, secured by a mort gage on certain real estate owned by the defendant’s principals. Approximately PIO,000 of the proceeds of the loan were applied to the payment to plaintiff of personal indebtedness due plaintiff from the at torney in fact. The loan was not paid and plaintiff brought foreclosure proceedings. Judgment was ren dered in his favor for the amount of the mortgage loan less the amount applied to the personal indebted ness of the attorney in fact. This decision was based on the claim and finding by the Court that the pay ment of the personal indebtedness of the attorney in fact was beyond the authority granted in the pow er of attorney. As a general rule, an attorney in fact does not have authority to borrow on the sec urity of his principal’s property and such author ity must be specific. In any event the plaintiff had cancelled the defendant’s personal notes and had given him a receipt in full. The plaintiff having failed to recover from the mortgagors then dis covered that he had erroneously cancelled defendant’s notes and brought suit against the defendant to re cover the PIO,000. The defendant then invoked the statute of limitations and the plaintiff found him self out of court by reason of a mistake he had made 10 years before and is now without any remedy to recover his P10,000. The moral of this case would seem to be that a person should use considerable care in dealing with an attorney in fact who signs a mortgage on his prin cipal’s property, and uses the proceeds to pay his own debts. A decision of the Court of Industrial Relations promulgated November 25, 1948, (Luzon Marine De partment Union v. Luzon Stevedoring Co. et al.) indicates that it is the national policy to avoid strikes and lockouts. The decision contains, among other things, the following statements of principle: “From the foregoing discussion, we may reasonably con clude that it is our national policy to prevent or avoid strikes and lockouts as much as possible, altho we do not explicitly prohibit them. The right of labor to resort to direct action is recognized but that right is not absolute but subject to certain restrictions calculated to promote industrial peace and progress and to safeguard public interests. “This policy finds paralied in the prevailing practice in many other countries.... “In the language of Justice Brandeis, ‘the right to carry on business—be it called liberty or property—has value. To interfere with this right without just cause is unlawful’ (Dorchy vs. State of Kansas, 272 U.S. 306). Therefore, such right, like the right to labor, deserves adequate protection... “Viewed from all angles, the strike in question is not only unreasonable and unjustified but unlawful, and the strikers cannot invoke the protection of the law in their favor. To use the language of Chief Justice Moran, ‘their cessation from their employment as a result of such unjus tified strike is one of the consequences which they must take by the choice of a remedy of their own, outside of the statute.’ ” The decision of Justice Brandeis (U.S. Sup. Court 71 L. Ed. 248, 269) referred to, involved the Kansas Industrial Relations Act. Inside and out, the Futuramic Oldsmobile 4-Door Sedan bears the un mistakable stamp of quality... quality in design, quality in engineering quality in craftsmanship. In this car, all the advantages of Futuramic design are seen at their very best. The extra visibility, the riding comfort, the handling ease... the eye-catching smartness and breath taking style... all are here combined to make this luxury sedan the proudest achievement of Oldsmobile’s fifty-year history. LIDDELL & COMPANY. INC. = THE HOUSE OF FRIENDLY SERVICE 13TH AND CHICAGO STS., PORT AREA MANILA TEL. 2-90-40

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