Case Digest (G.R. No. 17959)
Facts:
Robert S. Clemons v. William T. Nolting, G.R. No. 17959. January 24, 1922, the Supreme Court — Johnson, J., writing for the Court. Petitioner Robert S. Clemons, a United States citizen temporarily residing in Manila, sought an original writ of mandamus directing respondent William T. Nolting, Auditor of the Government of the Philippine Islands, to countersign a treasury warrant for P73.33 so petitioner could collect that sum from the Insular Treasurer.The parties stipulated the material facts. On June 18, 1920 the Acting Governor‑General cabled authority for two special appointments; the Secretary of War (Bureau of Insular Affairs) on August 6, 1920 provisionally appointed Clemons as electrical and mechanical engineer in the Bureau of Public Works under a special contract to December 31, 1921, at a straight salary of $4,000 per annum (i.e., $333.33 per month), effective as of date of departure, with transportation and without civil service privileges. Clemons accepted the appointment, went to Manila, and performed the duties under that contract.
On or about February 1, 1921 the equivalent in Philippine currency of $333.33, at official rates then fixed, was P739.99, but the Bureau’s chief accountant tendered a warrant for P666.66 as full payment for January 1921. Clemons accepted P666.66 under protest and demanded the additional P73.33 that, together with P666.66, would equal $333.33 at prevailing commercial exchange. On August 8, 1921 the chief accountant issued a warrant for P73.33 (stating it covered the 11% premium to cover the difference between dollars and Philippine currency), but when Clemons presented that warrant to Auditor Nolting for audit and countersignature Nolting refused, on the ground that government debts payable in “dollars” may be discharged in Philippine currency at the nominal rate of two pesos to one dollar regardless of commercial exchange.
Clemons alleged funds were available with the Treasurer and that payment would be made once the Auditor countersigned; he therefore petitioned the Supreme Court for mandamus to compel countersignature. The case was submitted on stipulated facts and presented the single lega...(Subscriber-Only)
Issues:
- May the Government of the Philippine Islands, under the laws then in force, discharge a contractual obligation expressed in United States dollars by tendering Philippine currency at the nominal rate of two pesos per dollar when the creditor insists on payment in dollars or the co...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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