GR 41002; (August, 1934) (Digest)
G.R. No. 41002 ; August 29, 1934
THE BACHRACH MOTOR CO., INC. vs. THE PROVINCE OF NUEVA ECIJA
FACTS
Bachrach Motor Co., Inc., operating a transportation business in Nueva Ecija, sued the province for allegedly collecting illegal tolls on the Cabu Bridge. The provincial board had declared the bridge a toll bridge and collected tolls from vehicles, including Bachrach’s trucks. Bachrach claimed that after the bridge’s construction cost was fully paid from toll revenues by January 1, 1932, the continued collection of tolls violated Act No. 3965 , which amended the Revised Administrative Code. The law stated that toll collection on bridges should cease once adequate funds were collected to repay the indebtedness, and that toll proceeds should only be applied to interest, sinking fund charges (if financed by loans/bonds), and repair/maintenance. Bachrach argued the bridge was financed from current revenue, not loans, making continued toll collection illegal. The Court of First Instance sustained the province’s demurrer, dismissing the complaint without allowing Bachrach to amend it.
ISSUE
Whether the trial court erred in dismissing the complaint without giving Bachrach an opportunity to amend it.
RULING
Yes, the trial court erred. The Supreme Court reversed the judgment, holding that Bachrach should have been allowed to amend its complaint. While the trial court sustained the demurrer on the ground that the provincial resolution was valid under the Administrative Code, the Supreme Court noted that Bachrach might have other grounds to challenge the resolution’s nullity, which could be raised in an amended petition. The Court emphasized that unless it is manifest that the petitioner has stated its whole case and no amendment could overcome the demurrer, the opportunity to amend should be granted. The case was remanded for further proceedings, with costs against the Province of Nueva Ecija.
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