BUSORG DIGEST - PRELIM

G.R. L-No. 3666

said section 431? Section 431 of the Code of Procedure in Civil

Actions provides:

August 17, 1909

THE CITY OF MANILA, plaintiff-appellant,

vs.
FRANCISCO GAMBE, ET AL., defendants-appellees.
PILOT ASSOCIATION- NO DEBTS, CREDITS OR PERSONAL
PROPERTY BELONGING TO DF GAMBE.
DISTINT AND SEPARATE ENTITY FROM ITS MEMBERS
The plaintiff commenced an action against the defendants who
constitute the commercial firm of Herranz&Garriz, for the
purpose of recovering the sum ($5,000), for certain damages
occasioned by the steamship Alfred to the "Spanish Bridge" in
the city of Manila.
The Judge rendered a judgment against the said Francisco
Gambe, for the sum of $1,300, and for the costs.
Gambe was a pilot and member of the Pilot's Association of
Manila and was in charge of said steamship Alfred.
An execution was issued upon the said judgment against
defendant Gambe, and was returned unsatisfied.
The plaintiff attempted to attach whatever money or effects
which the defendant had in the Pilots' Association of Manila

Whether or not the said Pilots' Association had debts, credits, or

personal property, not capable of manual delivery, in its
possession or under its control, belonging to the defendant.
In other words, did said Pilots' Association owe to the defendant,
a debt or have in its possession and under its control credits
and other personal property, belonging to the defendant,
subject to be attached in accordance with the provisions of

Debts and credits, and other personal property not capable of

manual delivery, shall be attached by leaving with the person
owing such debts or having in his possession or under his
control such credits and other personal property, a copy of the
order of attachment, and a notice that the debts owing by him
to the defendant, or the credits and other personal property in
his possession or under his control, belonging to the
defendant, are attached in pursuance of such order.

The test whether or not the interests of the defendant, if he has

any, in said association may be attached by virtue of said
section is whether said Gambe could maintain an action
against the said association for the recovery of the specific
debt, credit, or personal property.
We do not believe that a mere equitable or contingent debt,
credit, or personal property can be reached by the procedure
provided for in said section (431).
Debt- some definite amount of money, ascertained or capable of
being ascertained, which may be paid over to the sheriff or the
court under an order.
"Credits " and "personal property" - something belonging to the
defendant, but in possession and under the control of the
person attached.
Essential: debt, credit, or the personal property which is
attempted to be subjected to the payment of the obligation of
the defendant, and alleged to be in the possession of the
person attached, must exist in some definite and
ascertainable form at the time of the attachment.
The Pilots' Association is purely a voluntary association of the
pilots of the city of Manila.
It is expressly recognized under the law:

1.
No one can become a member of said association
who has not shown special qualifications as a pilot,
2.
no one can act as a pilot who has not been
expressly recommended and approved by the collector of
the port of Manila,
3.
no one can become a member without having paid
a certain sum of money into the treasury of said
association.
This funds becomes the property of the association for the
purpose of protecting its members against losses occasioned
by its members to ships while said ships are under the control
of a member or members of said association.
The money paid in by one member of said association becomes
a part of a general fund of said association, subject to be paid
out for damages done to ships by any member of the
association.
The fund created by the contributions of the members no longer
belongs to the members of the association; it belongs to the
association.

The association has a distinct and separate entity from the

individual members who make it up.
The fund is created for a specific purpose. (See articles 35, 36,
38, and 39 of the regulations of said association.)
Under the regulations of said association it has assumed a
certain responsibility for its members.
Whether the damage caused by the defendant in this case is of
such a character for which the said association assumed the
responsibility is a question which the person injured has a
right to test in a special action against said association.
Said association had no debts, credits, or personal property, not
capable of manual delivery, in its possession, belonging to the
defendant (Gambe), which are subject to be attached in
accordance with the provisions of section 431.
It is ordered that the plaintiff take nothing in this action and that
the plaintiff be charged with the costs of both instances.