Case Citation: A.M. No.

133-J

Date: 31 MAY 1982

Complainant: BERNARDITA R. MACARIOLA

Respondents: HONORABLE ELIAS B. ASUNCION, Judge of the Court of First Instance of Leyte

Syllabus Topic: INTRODUCTION: THE 1987 PHILIPPINE CONSTITUTION

Thesis Statement: The Transfer of Sovereignty from Spain to the United States and Later on from the United
States to the Republic of the Philippines.

Issue: Whether or not the Article 14 of the Code of Commerce applies to Judge Asuncion’s
case.

The Facts of the Case: 1. On 08 June 1963, a Civil Case was filed for the adjudication of land partition
presided by the respondent Judge Asuncion. Among the parties of the said case
is the complainant Ms. Macariola.

2. In October 1963, a decision was rendered for the said case and became final
for lack of an appeal. Consequently, a project for partition was submitted to
the respondent which he approved on 23 October 1963.

3. One of the lots involved in the land partition was sold to Dr. Arcadio Galadio
in 1964. A portion of the said lot was sold by Dr. Galadio to the respondent in
1965.

4. The Complainant filed a complaint against the respondent alleging violations

of Art. 1491, Par. 5, of the New Civil Code and Art. 14, Par. 1 & 5, of the
Spanish Code of Commerce.

5. The complaint was dismissed by a certain Judge Jose D. Nepomuceno on 02

November 1970.

RTC:

CA:

Petitioner’s Contention:

Respondent’s
Contention:

SC Ruling: The Code of Commerce, an extended Code from the Spain Government through Royal
Decree, cannot be applied to the respondent judge as it was completely abrogated due
to change of sovereignty in the Philippines from Spanish to American.

Further, there is no enabling or affirmative act that continued the effectivity of the said
Code after the change of sovereignty from Spain to the United States and then to the
Republic of the Philippines.
Other/Notes: The general principle of the public law is that on acquisition of territory the previous
political relations of the ceded region are totally abrogated.

Ponente: Makasiar, J.