Case Digest (G.R. No. 8866)
Facts:
- Case: Tan Te vs. J. Franklin Bell et al. (G.R. No. 8866)
- Date of Decision: March 28, 1914
- Plaintiff: Tan Te, a dealer in second-hand merchandise, based in Manila, Philippines.
- Defendants: J. Franklin Bell, commanding general of the Philippines Division of the U.S. Army, and other military officers.
- Date of Seizure: May 21, 1912
- Property Value: P800
- Nature of Seizure: Conducted without legal process, under Section 3748 of the Revised Statutes of the United States.
- Items Seized: Military outfits and clothing believed to have been unlawfully disposed of by soldiers.
- Trial Court's Finding: Defendants acted in good faith, mistakenly believing the property was military property.
- Appeal: Tan Te contested the trial court's decision regarding the recovery of his property.
Issue:
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Ruling:
- The Supreme Court affirmed the trial court's ruling that Section 3748 was applicable in the Philippines and upheld the seizure of the property.
- The Supreme Court r...(Unlock)
Ratio:
- The Supreme Court confirmed that Section 3748 of the Revised Statutes of the United States was effective in the Philippines, allowing military seizure of unlawfully possessed military clothing.
- The court highlighted the necessity of military authority to maintain discipline in areas with stationed soldiers.
- The seizure was justified as it was based on the belief that the property was unlawfully held.
- The court found...continue reading
Case Digest (G.R. No. 8866)
Facts:
The case of Tan Te vs. J. Franklin Bell et al. (G.R. No. 8866) was decided on March 28, 1914. The plaintiff, Tan Te, a dealer in second-hand merchandise, resided in Manila, Philippines, and operated his business at 314 Calle Gandara. The defendants included J. Franklin Bell, the commanding general of the Philippines Division of the United States Army, and other military officers stationed in Manila. On May 21, 1912, the defendants seized property valued at P800 from Tan Te's possession. This property was not taken under any legal process, such as tax assessment or court order, but rather under Section 3748 of the Revised Statutes of the United States, which allowed military officers to seize military outfits and clothing that had been unlawfully disposed of by soldiers. The property in question included items that had been sold to Tan Te by soldiers or third parties who had acquired them through various means, including theft. The trial court found that the defendants had seized the property in good faith, mistakenly believing it to be military property. The court ruled that Tan Te could recover the property described in one part of the stipulation but not the items described in another part. Tan Te appealed the decision, arguing that t...