G.R. No. L-5462. May 29, 1953
PEDRO RUIZ, PLAINTIFF-APPELLANT, VS. AMOS G. BELLIS, DEFENDANT-APPELLEE.
REYES, J.:
Court of First Instance of Manila for the recovery of P80,440.00, the
total of various sums alleged to have been advanced by plaintiff to the
defendant Amos G. Bellis during the Japanese occupation.
Answering the complaint, defendant denied the alleged advances
or loans except as to the sum of P500.00 evidenced by a promissory note
and invoked moratorium as a defense. After various hearings had been
had, defendant filed a motion for the dismissal of the case on the
ground of moratorium, and the motion having been granted over
plaintiff’s objection, the latter has appealed to this Court, contending
that Executive Order No. 25, dated November 18, 1944, and Executive
Order No. 32, dated March 10, 1945, as amended by Republic Act No. 342,
providing for moratorium are void.
This contention we have to uphold in view of our decision in
the case of Royal L. Rutter vs. Placido J. Esteban, G. R. No.
L-3708, promulgated May 18, 1953, declaring said Executive Orders void.
Wherefore, the order appealed from is revoked and the case
remanded to the court below for further proceedings, with costs against
the appellee.
Paras, C. J., Feria, Pablo, Bengzon, Tuason, Montemayor,
Jugo, Bautista Angelo and Labrador, JJ., concur.
Padilla, J., no part.