Case Digest (G.R. No. 171219)
Facts:
Lee E. Won alias Ramon Lee alleged he acquired Membership Certificate No. 201 (issued Dec. 2, 1942 to Iwao Teruyama) by assignment from M. T. Reyes in 1944 and that, after the club's postwar rehabilitation, he asked Wack Wack Golf & Country Club, Inc. to register the assignment and issue a new certificate but the defendant refused. He filed suit on April 26, 1955 in the Court of First Instance of Manila; the club moved to dismiss on the ground of prescription under Article 1149 of the Civil Code, and the trial court dismissed the complaint on July 30, 1955, denial of reconsideration being appealed.Issues:
- Was the plaintiff bound to register the assignment within a definite period so that prescription began in 1944?
- Did the filing on April 26, 1955 fall outside the five-year prescriptive period of Article 1149 of the Civil Code?
Ruling:
The Court held that although the Case Digest (G.R. No. 171219)
Facts:
- Background of the dispute
- Lee E. Won alias Ramon Lee, Plaintiff and Appellant, claimed ownership of one share of stock represented by Membership Certificate No. 201 of Wack Wack Golf & Country Club, Inc., Defendant and Appellee.
- Certificate No. 201 was issued on December 2, 1942 to Iwao Teruyama.
- The certificate was assigned to M. T. Reyes on April 22, 1944.
- Subsequently in 1944 M. T. Reyes transferred and assigned the certificate to the Plaintiff.
- The certificate contained a condition that no assignment "shall be effective with respect to the club until such assignment is registered in the books of the club, as provided in the By-Laws."
- Pleadings and procedural posture
- On April 26, 1955 the Plaintiff filed suit in the Court of First Instance of Manila praying that he be declared owner of one share and that the Defendant be ordered to register the assignment and issue a new certificate.
- On June 6, 1955 the Defendant filed a motion to dismiss alleging prescription under Article 1149 of the Civil Code, asserting that the Plaintiff's cause of action accrued in 1944 and that eleven years had elapsed before suit was filed.
- The Court of First Instance of Manila issued an order dismissing the complaint on July 30, 1955.
- The Plaintiff filed a motion for reconsideration on August 27, 1955 and a second motion for reconsideration on September 13, 1955; both were denied.
- The Plaintiff appealed from the dismissal.
- Contentions and factual disputes noted by the lower court and parties ...(Subscriber-Only)
Issues:
- Primary legal question presented
- Whether the Plaintiff's action to compel registration of the assignment and issuance of a new certificate was barred by prescription under Article 1149 of the Civil Code.
- Subsidiary legal questions arising from the certificate condition and defenses
- Whether the condition in the certificate and the By-Laws or any statutory rule required the Plaintiff to present and register the assignment within a definite or fixed period.
- Whether the Plaintiff's right to have the assignment registered accrued upon the 1944 assignment or upon the Defendant's refusal to register in 1955. ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)