Title
Belarmino vs. Hammond
Case
G.R. No. 34313
Decision Date
Jan 18, 1932
In Belarmino v. Hammond, the court rules in favor of the plaintiff, Felipe Belarmino, stating that he is not required to pay the registration fee for his truck a second time, despite the employee at the Bureau of Public Works failing to deposit the initial payment.
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Case Digest (G.R. No. 34313)

Facts:

  • The case involves the payment of a registration fee for Felipe Belarmino's motor truck.
  • The defendant, Insular Auditor of the Philippines, recommended the suspension of Belarmino's truck operation due to non-payment of the fee.
  • Belarmino claimed that he had already paid the fee and sought to enjoin the defendants from suspending his truck operation.
  • The defendants argued that Belarmino had not paid the fee and counterclaimed for him to pay the government the amount of the fee.
  • Belarmino's son testified that he had paid the fee at the Bureau of Public Works and received a receipt and number plate in return.
  • The superintendent of the automobile division of the Bureau of Public Works confirmed that the fee had been paid based on the Motor Vehicle Register.
  • However, it was discovered that the duplicate copy of the official receipt in the Bureau of Public Works was made out in another person's name for a different amount.
  • The court concluded that this discrepancy was likely due to misconduct on the part of some Public Works employees.

Issue:

  • (Unlock)

Ruling:

  • The court ruled in favor of Belarmino and affirmed the preliminary injunction against the defendants.
  • The court reversed the ...(Unlock)

Ratio:

  • The court found that Belarmino had indeed paid the registration fee for his truck in 1929.
  • Belarmino had fulfilled his obligation by paying the fee to an employee in the performance of his official duties.
  • Belarmino was not responsible for ensuring that the money he paid would be deposited in the safe.
  • The court reasoned that the discrepancy in the duplicate copy of the official receipt was likely due to misconduct on the part of some Public Works employees.
  • Therefore, Belarmino was not required to pay the fee a second time and the defendants cannot suspend his truck operation.
  • The cou...continue reading

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