Case Summary (G.R. No. 5671)
Key Dates
Loan Agreement: January 22, 1905
Alojado’s Departure: March 12, 1906
Justice of the Peace Judgment: April 14, 1906
First Instance Appeal and Order: July 16, 1906
First Instance Final Judgment: November 21, 1906
Supreme Court Decision Date: August 24, 1910
Applicable Law
– Civil Code (Articles 1170, 1754 on obligations; Articles 1583–1585 on domestic service)
– Police Regulations of September 9, 1848 (prohibiting usurious conduct toward servants)
Facts
Reyes advanced P67.60 to Alojado to pay her debt to a third party, on condition she serve in his household without remuneration until repayment. He later extended additional advances totaling P11.97. Alojado left his service on March 12, 1906, without repaying the loans and without compensation for her labor.
Procedural History
- Justice of the Peace: Entered judgment on April 14, 1906, ordering Alojado to pay P79.57 or return to service if insolvent.
- Appeal to Court of First Instance: Plaintiff moved to dismiss appeal as late; motion denied because notification occurred April 16 and appeal filed four days later. Reyes amended complaint to include the P11.97 advances.
- First Instance Final Judgment (Nov. 21, 1906): Absolved Alojado, awarded her P2.43—balance of wages due—and costs against Reyes. Reyes’ motion for new trial denied; bill of exceptions filed.
Issue
Whether the contract to render domestic service without remuneration in lieu of loan repayment is enforceable, and whether Alojado must repay the loans under that condition.
Analysis
- Obligation to repay the advances (P67.60 and P11.97) is undisputed: they constitute positive civil debts under Articles 1170 and 1754 of the Civil Code.
- The stipulation of gratuitous domestic service as security is void as contrary to law and morality. Domestic hire must include remuneration, and any contract for absolute gratuity would amount to a form of slavery, prohibited by Civil Code Articles 1583–1585.
- Police regul
Case Syllabus (G.R. No. 5671)
Facts
- On January 22, 1905, Veronica Alojado received a loan of ₱67.60 from Benito de los Reyes to pay a debt owed to Olimpia Zaballa.
- As part of the agreement, Alojado was to serve in Reyes’s household without remuneration until she could procure funds to repay the loan.
- On March 12, 1906, Alojado left Reyes’s service without repaying the debt, despite his repeated demands.
Procedural History
- March 15, 1906: Reyes filed suit in the Justice of the Peace Court of Santa Rosa, La Laguna, seeking repayment of ₱67.60 or, alternatively, to compel Alojado’s return to unpaid service.
- April 14, 1906: The Justice of the Peace rendered judgment ordering Alojado to pay ₱67.60 and, if insolvent, to fulfill the unpaid‐service agreement; costs were assessed against her.
- Alojado appealed to the Court of First Instance.
- May 4, 1906: Reyes moved to disallow the appeal as untimely under section 76 of the Civil Code of Procedure.
- July 16, 1906: The Court of First Instance overruled the motion, finding that Alojado had been notified of the judgment only on April 16 and that her appeal, filed on April 20, was within the five‐day period. Reyes was ordered to reproduce his complaint.
- In his reproduced complaint, Reyes added that Alojado had also received ₱11.97 in small advances, raising the total claim to ₱79.57.