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    Victoria's Planters Vs Victoria Milling Co Digest

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    louie gacuan
    The planters association sued the milling company seeking a declaration that the 30-year milling contracts had expired. The milling contracts set the terms for the milling company to mill the sugar cane of local planters. Due to war, the milling company's mill was destroyed and did not resume operations for several years. The milling company argued the 30-year period referred to 30 years of milling, not time, and more time was still owed due to the years without milling. The Court rejected this, finding the war and reconstruction made milling impossible for several years, relieving the obligations under the legal principle of "nemo tenetur ad impossibilia

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    Victoria's Planters Vs Victoria Milling Co Digest

    Uploaded by

    louie gacuan
    736 views1 page
    The planters association sued the milling company seeking a declaration that the 30-year milling contracts had expired. The milling contracts set the terms for the milling company to mill the sugar cane of local planters. Due to war, the milling company's mill was destroyed and did not resume operations for several years. The milling company argued the 30-year period referred to 30 years of milling, not time, and more time was still owed due to the years without milling. The Court rejected this, finding the war and reconstruction made milling impossible for several years, relieving the obligations under the legal principle of "nemo tenetur ad impossibilia

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    Victoria's Planters vs Victoria Milling Co Digest

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    The planters association sued the milling company seeking a declaration that the 30-year milling contracts had expired. The milling contracts set the terms for the milling company to mill the sugar cane of local planters. Due to war, the milling company's mill was destroyed and did not resume operations for several years. The milling company argued the 30-year period referred to 30 years of milling, not time, and more time was still owed due to the years without milling. The Court rejected this, finding the war and reconstruction made milling impossible for several years, relieving the obligations under the legal principle of "nemo tenetur ad impossibilia

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    736 views1 page

    Victoria's Planters Vs Victoria Milling Co Digest

    Uploaded by

    louie gacuan
    The planters association sued the milling company seeking a declaration that the 30-year milling contracts had expired. The milling contracts set the terms for the milling company to mill the sugar cane of local planters. Due to war, the milling company's mill was destroyed and did not resume operations for several years. The milling company argued the 30-year period referred to 30 years of milling, not time, and more time was still owed due to the years without milling. The Court rejected this, finding the war and reconstruction made milling impossible for several years, relieving the obligations under the legal principle of "nemo tenetur ad impossibilia

    Copyright:

    © All Rights Reserved
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    of 1

    Case No. ##: Victorias Planters Association, Inc., v. Victorias Milling Co., Inc.

    ,
    Chapter I: Nemo Tenetur ad Impossibilia

    “Wherefore, the Court renders judgment in favor of the


    G.R. No. L-6648, 25 July 1955
    petitioners and against the respondent and declares that the milling
    Facts: The petitioners Victorias Planters Association, Inc. and North contracts executed between the sugar cane planters of Victorias,
    Negros Planters Association, Inc. are non-stock corporations and are Manapla and Cadiz, Negros Occidental, and the respondent
    composed of sugar cane planters having been established as the corporation or its predecessors-in-interest, the North Negros Sugar
    representative entities of the numerous sugar cane planters in the Co., Inc., expired and terminated upon the lapse of the therein
    districts of Victorias, Manapla and Cadiz. The sugar cane stipulated 30-year period, and that respondent corporation is not
    productions were milled by the respondent corporation. Petitioners entitled to claim any extension.”
    are the ones in charge of taking up with the respondent corporation
    Ratio: The reason the planters failed to deliver the sugar cane was
    problems which may come up. At various dates, the sugarcane
    the war or a fortuitious event. The appellant ceased to run its mill due
    planters executed identical milling contracts setting forth the terms
    to the same cause.
    and conditions which the sugar central “North Negros Sugar Co. Inc.”
    would mill the sugar produced by the sugar cane planters. Fortuitious event relieves the obligor from fulfilling a
    contractual obligation. The fact that the contracts make reference to
    Because of the Japanese occupation, the North Negros
    "first milling" does not make the period of thirty years one of thirty
    Sugar Co., Inc. did not reconstruct its destroyed central and it had
    milling years.
    made arrangements with the respondent Victorias Milling Co., Inc.
    for said respondent corporation to mill the sugarcane produced by The seventh paragraph of Annex "C", not found in the earlier
    the planters of Manapla and Cadiz holding milling contracts with it. contracts (Annexes "A", "B", and "B-1"), quoted by the appellant in its
    When the planters-members of the North Negros Planters brief, where the parties stipulated that in the event of flood, typhoon,
    Association, Inc. considered that the stipulated 30-year period of earthquake, or other force majeure, war, insurrection, civil
    their milling contracts had already expired and terminated and the commotion, organized strike, etc., the contract shall be deemed
    planters-members of the Victorias Planters Association, Inc. likewise suspended during said period, does not mean that the happening of
    considered the stipulated 30-year period of their milling contracts as any of those events stops the running of the period agreed upon. It
    having likewise expired and terminated. only relieves the parties from the fulfillment of their respective
    obligations during that time.
    Respondent has refused to accept the fact that the 30-year
    period has expired. They contend that the 30 years stipulated in the
    contracts referred to 30 years of milling – not 30 years in time. They To require the planters to deliver the sugar cane which they
    contend that as there was no milling during 4 years of the recent war failed to deliver during the four years of the Japanese occupation
    and 2 years of reconstruction, 6 years of service still has to be and the two years after liberation when the mill was being rebuilt is to
    rendered by petitioners. demand from the obligors the fulfillment of an obligation which was
    impossible of performance at the time it became due. Nemo tenetur
    Issues: Whether or not respondent is correct. ad impossibilia.
    Held: The trial court rendered judgment, which the Supreme Court
    affirmed.

    Chan / Statutory Construction 1

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