G.R. No. 2781
Date: September 28, 1905
Parties:
Plaintiff: Victor Lopez
Defendants: W. Morgan Shuster, Collector of Customs, and The Board of Philippine Marine Examiners
FACTS:
The plaintiff, Victor Lopez, filed an application alleging that the defendants, on or about October 31, 1904, revoked his license as chief engineer on Philippine coastwise vessels and unlawfully refused to allow him to secure employment in that capacity. The defendants demurred to the application, arguing that the facts alleged did not constitute a cause of action.
The case revolves around Act No. 780 of the Philippine Commission, which regulates the issuance of licenses for engineers on coastwise vessels. Section 7 of the Act provides that applicants for such licenses must be citizens of the United States or the Philippine Islands. However, it allows non-citizens who were already serving in the coastwise trade at the time of the Act’s passage to apply for a certificate of service, provided they meet specific conditions: (1) at least two years of service in the coastwise trade under the American flag; (2) a proper showing of competency and good character, either through a license from another recognized maritime country or other evidence satisfactory to the Board; and (3) taking an oath of allegiance to the United States and its government in the Philippines.
The complaint did not affirmatively show that Lopez was a citizen of the United States or the Philippine Islands. It also failed to allege that he had completed two years of service in the coastwise trade under the American flag or that he had made the required showing of competency and good character to the Board.
ISSUE:
Whether the facts alleged in the complaint constitute a cause of action against the defendants for revoking Lopez’s license and refusing him employment as chief engineer on Philippine coastwise vessels.
RULING:
The Supreme Court sustained the demurrer and held that the complaint did not state a cause of action. The Court emphasized that the plaintiff’s allegations failed to meet the requirements under Section 7 of Act No. 780. Specifically, the complaint did not show that Lopez was a citizen of the United States or the Philippine Islands, nor did it allege compliance with the alternative conditions for non-citizens, such as two years of service under the American flag or a proper showing of competency and good character to the Board.
The Court ordered that unless the complaint was amended within ten days from receipt of notice, it would be dismissed.
Concurring Justices: Arellano, C.J., Torres, Mapa, Johnson, and Willard.
