Title
Government of the Philippine Islands vs. Frank
Case
G.R. No. 2935
Decision Date
Mar 23, 1909
A 1903 contract dispute where a stenographer, hired by the Philippine Government, breached terms, claiming legislative amendments and minority as defenses; court ruled against him, affirming contract validity and his legal capacity.

Case Summary (G.R. No. 2935)

Petitioner and Respondent

• Petitioner: George I. Frank (on appeal)
• Respondent: Government of the Philippine Islands

Key Dates

• April 17, 1903 – Execution of a two-year employment contract in Chicago
• April 30, 1903 – Commencement of service; half-salary paid through June 4, 1903
• June 4, 1903 – Arrival in the Philippine Islands
• February 11, 1904 – Defendant terminates service and refuses further performance
• December 3, 1904 – Government files suit in the Court of First Instance, Manila, to recover $269.23
• September 5, 1905 – Trial court enters judgment for $265.90 in favor of the Government
• October 12, 1905 – Bill of exceptions filed in the Supreme Court
• December 5, 1905 – Appellant’s brief filed
• January 19, 1906 – Attorney-General’s brief filed
• January 30, 1909 – Supreme Court requests prosecution of appeal or dismissal
• February 2, 1909 – Appeal heard
• March 23, 1909 – Supreme Court decision

Applicable Law

• Contract formation and validity: Governed by the law of the place where made (Illinois law)
• Performance and remedies: Governed by the law of the place of performance (Philippine Islands)
• Organic Act of August 29, 1902 (Act of Congress of 1902), § 5: Prohibits the Philippine legislative department from altering contract terms
• Conflict-of-laws principles: Matters of execution, interpretation, and validity by lex loci contractus; matters of performance by lex loci solutionis; remedies and procedure by the law of the forum

Facts

  1. The Government hires Frank as a stenographer for two years at $1,200 per annum plus prepaid travel expenses and half-salary during travel.
  2. Contract stipulates that violation by Frank makes him liable for travel expenses and half-salary.
  3. Frank begins service April 30, 1903, receives half-salary until arrival June 4, 1903.
  4. On February 11, 1904, Frank abandons the service and refuses further performance.
  5. The Government sues on December 3, 1904, claiming $269.23 for travel expenses and half-salary.
  6. Frank pleads general denial and two special defenses: amendment of incorporated laws (Nos. 80 and 224) altered the contract; and infancy (under Philippine law, majority at age 23).
  7. The trial court sustains the Government’s demurrer to the special defenses, finds Frank owed $3.33, and awards $265.90 to the Government.

Issues

  1. Whether subsequent amendments to Laws Nos. 80 and 224 altered the contract terms incorporated by reference.
  2. Whether Frank’s alleged infancy under Philippine law bars enforcement of the contract.

Ruling

The Supreme Court affirms the lower court’s judgment in favor of the Government for $265.90, with costs.

Reasoning

• Legislative Amendments: Section 5 of the Organic Act of 1902 bars the Philippine legislative department from modifying existing contract terms. The amendments to Laws Nos. 80 and 224 thus did not alter the parties’ binding agreemen

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