GR 29967; (March, 1929) (Digest)
G.R. No. 29967, March 27, 1929
JOSE GASTON, ET AL., plaintiffs-appellants, vs. THE TALISAY-SILAY MILLING CO., ET AL., defendants-appellants.
FACTS
The plaintiffs are sugar planters, some of whom are parties to a milling contract (Exhibit A) with the defendant Talisay-Silay Milling Company. They sought to personally witness or send their own agents to verify the weighing of their cane at the central’s scales, alleging a lack of confidence in the integrity of the appointed weighers and official watchers. They claimed the defendants, in connivance, unlawfully prevented them from doing so, causing damages. The defendants argued that the planters, through their voluntary association “Asociacion de Agricultores de Talisay y Silay,” had appointed a committee (and later the board of directors) to represent all members in supervising the weighing. They contended that the plaintiffs, as members of the association, were bound by its resolutions and the established procedure, which had given general satisfaction and where no irregularities had been reported. The lower court granted the plaintiffs the right to witness the weighing personally or through their agents.
ISSUE
Whether the sugar planters have the right to personally witness or appoint their own agents to supervise the weighing of their cane at the central, notwithstanding the existence of a milling contract and a planters’ association that appointed a representative committee for that purpose.
RULING
The Supreme Court MODIFIED the lower court’s decision. It held that:
1. A planter has an inherent right to be personally present at the weighing of his own cane if he so desires, provided his presence does not interfere with or delay the mill’s operations.
2. However, by virtue of Clauses 9 and 10 of the milling contract and the subsequent actions of the planters in forming an association and appointing a committee, the planters have selected their legal representatives for the purpose of supervising the weighing.
3. Consequently, if a planter is not personally present, he is bound by the acts of the duly appointed committee and has no legal right to be represented by any other person or agent. The committee has the exclusive right to represent absent planters.
4. The judgment was modified to declare that each plaintiff has the right to be personally present at the weighing of his cane, but if absent, they are bound by the committee’s acts and cannot appoint alternative representatives. No costs were awarded.
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