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    678 Philippine Reports Annotated: People vs. Mapoy and Maipid

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    The document summarizes a court case from 1942 regarding violation of the Bulk Sales Law in the Philippines. Two defendants mortgaged their stock of goods without notifying one of their creditors and pleaded guilty. The court found that the trial court erred in ordering the defendants to pay their existing debt as part of their punishment for violating the Bulk Sales Law. The existing debt was a separate civil matter and not a result of the crime.

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    678 Philippine Reports Annotated: People vs. Mapoy and Maipid

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    Back-up storage Homes
    60 views2 pages
    The document summarizes a court case from 1942 regarding violation of the Bulk Sales Law in the Philippines. Two defendants mortgaged their stock of goods without notifying one of their creditors and pleaded guilty. The court found that the trial court erred in ordering the defendants to pay their existing debt as part of their punishment for violating the Bulk Sales Law. The existing debt was a separate civil matter and not a result of the crime.

    Original Title

    Copy of 137. People v. Mapoy 73 Phil 678 (1942)

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    The document summarizes a court case from 1942 regarding violation of the Bulk Sales Law in the Philippines. Two defendants mortgaged their stock of goods without notifying one of their creditors and pleaded guilty. The court found that the trial court erred in ordering the defendants to pay their existing debt as part of their punishment for violating the Bulk Sales Law. The existing debt was a separate civil matter and not a result of the crime.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    60 views2 pages

    678 Philippine Reports Annotated: People vs. Mapoy and Maipid

    Uploaded by

    Back-up storage Homes
    The document summarizes a court case from 1942 regarding violation of the Bulk Sales Law in the Philippines. Two defendants mortgaged their stock of goods without notifying one of their creditors and pleaded guilty. The court found that the trial court erred in ordering the defendants to pay their existing debt as part of their punishment for violating the Bulk Sales Law. The existing debt was a separate civil matter and not a result of the crime.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    678 PHILIPPINE REPORTS ANNOTATED

    People vs. Mapoy and Maipid

    [No. 48336. September 21, 1942]


    T P P , plaintiff and appellee, vs. F
    M R. M. M , defendants and appellants.

    1.C L P ;V B S L (A N . 3952);
    W P I O P D L .—Defendants
    were charged with violation of the Bulk Sales Law in that they mortgaged all of
    their stock of goods, etc., without any notice to Daido Boeki Kaisha, Ltd., one of
    the offended parties, to which they were indebted in the sum of P2,568.85. They
    pleaded guilty and each sentenced by the Court of First Instance of Manila to
    pay a fine of P100, and the costs, and to indemnify Daido Boeki Kaisha, Ltd.,
    jointly and severally in the sum of P2,568.85, with subsidíary imprisonment in
    case of insolvency. Held: That it was error for the trial court to consider said
    indebtedness as a liability arising from the crime charged, and to order
    defendants to indemnify Daido Boeki Kaisha, Ltd., in the sum of P2.568.85,
    with subsidíary imprisonment in case of insolvency.
    2.I .; I .; I .—Inasmuch as under section 4 of the Bulk Sales Law, the mortgage in
    question was fraudulent and void, and there being no proof that the mortgaged
    goods have disappeared, the same are still subject to attachment for the
    satisfaction of creditors' lawful claims against the defendants. Daido Boeki
    Kaisha, Ltd., may still bring a separate civil action against defendants herein for
    the collection of any indebtedness that may be due from defendants, and if the
    latter will not pay the judgment in such civil case, the goods involved in the
    instant case may be seized and sold. Therefore, the obligation of defendants to
    pay Daido Boeki Kaisha, Ltd., the sum of P2,568.85, which was already existing
    when the mortgage was signed, was not the result of the violation of the Bulk
    Sales Law, nor was it affected by said violation.

    APPEAL from a judgment of the Court of First Instance of Manila.


    Barrera, J.
    Decision penned by Associate Justice Jorge C. Bocobo.
    Romualdo Constantino for appellants.
    Ross, Selph, Carrascoso & Janda as private prosecutors.
    Assistant Solicitor-General Enriquez and Solicitor Alikpala for
    appellee.

    © Copyright 2020 Central Book Supply, Inc. All rights reserved.

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