4.

There was delay in the manufacture and shipping but in the autumn
Fossum v. Fernandez (Vi)
of 1920 it was delivered to Manila and arrived in January, 1921.
March 28, 1923| Street, J. | Rights of Purchaser From Holder in Due Course 5. Meanwhile the American Iron Products Company had drawn a time
PETITIONER: CHARLES A. FOSSUM draft, at sixty days, upon Fernandez Hermanos, for the purchase
RESPONDENTS: FERNANDEZ HERMANOS, a general partnership, price of the shaft, in the amount of $2,250, and payable to the
Philippine National Bank. In due course the draft was presented to
and JOSE F. FERNANDEZ Y CASTRO and RAMON FERNANDEZ Y
Fernandez Hermanos for acceptance, and was accepted on
CASTRO, members of the said partnership of FERNANDEZ HERMANOS December 15, 1920.
FERNANDEZ HERMANOS, 6. Upon inspection in Manila, the shaft was not in conformity with the
specifications and was incapable of use for its purpose.
SUMMARY: 7. Hence, Fernandez Hermanos refused to pay the draft and it
remained, for a time, dishonored in the hands of PNB.
DOCTRINE:
ISSUES:
1. Whether Dy has civil liability in the criminal case of estafa when
she was acquitted for failure of the prosecution to prove all
elements of the crime – NO
RATIO:
1. Criminal liability involves imprisonment and is against the State
while civil liability is compensated through damages and is to
protect a right. The concept of civil liability ex delicto
acknowledges that every person criminally liable is civilly liable.
2. Rules of Court provide that when a criminal action is instituted, the
FACTS: civil action for liability is also instituted. But these have different
standards of evidence: proof beyond reasonable doubt (criminal)
1. Charles A. Fossum, was the resident agent in Manila of the and preponderance of evidence (civil). Therefore, these cases are
American Iron Products Company, Inc., a concern engaged in
separate and distinct. Extinction of criminal doesn’t necessarily
business in New York City.
2. On February 10, 1920, Fossum, acting as agent, procedures an order mean the extinction of the civil case. The civil case may only be
from Fernandez Hermanos, a general commercial partnership in the extinguished when there is a "finding in a final judgment in the
Philippines, to deliver to said firm a tail shaft, to be installed on the criminal action that the act or omission from which the civil
ship Romulus , then operated by Fernandez Hermanos, as managers liability may arise did not exist." So, the judgment must say
of La Compania Maritima.
whether the court failed to prove the guilt or merely failed to prove
3. It was stipulated that the tail shaft would be in accordance with the
specifications contained in a blueprint in the hands of Fossum; and beyond reasonable doubt.
it was further understood that it should be shipped from New York
upon some steamer sailing in March or April of the year 1920.