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:
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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
Case Digest (G.R. No. 34313)
Facts:
The case of Belarmino v. Hammond involves a dispute over the payment of registration fees for Felipe Belarmino's motor truck. The defendant in the case is the Insular Auditor of the Philippines, who 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 prevent 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.
Issue:
The main issue in this case is whether Belarmino had indeed paid the registration fee for his truck and whether he should be required to pay the fee again.
Ruling:
The court ruled in favor of Belarmino and affirmed the preliminary injunction against the defendants. The court absolved Belarmino from the counterclaim to pay the government the fee.
Ratio:
After reviewing the evidence presented, the court found that Belarmino had indeed paid the registration fee for his truck in 1929. Belarmino's son testified that he had paid the fee at the Bureau of Public Works and re...