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16 Phil. 499 Case Brief

In the case of Benito de los Reyes vs. Veronica Alojado, the plaintiff sought to recover a loan of P67.60 given to the defendant, who was to serve him without pay until the debt was repaid. The court ruled that while the debt was valid, the condition of unpaid domestic service was contrary to law and morality, thus unenforceable. The petition was dismissed, affirming that domestic services must be compensated.

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47 views5 pages

16 Phil. 499 Case Brief

In the case of Benito de los Reyes vs. Veronica Alojado, the plaintiff sought to recover a loan of P67.60 given to the defendant, who was to serve him without pay until the debt was repaid. The court ruled that while the debt was valid, the condition of unpaid domestic service was contrary to law and morality, thus unenforceable. The petition was dismissed, affirming that domestic services must be compensated.

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Mikee N.J Buhisan
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CASE BRIEF

16 Phil. 499
16 Phil. 499

[ G. R. No. 5671, August 24, 1910 ]


BENITO DE LOS REYES, PLAINTIFF AND APPELLANT, VS.
VERONICA ALOJADO, DEFENDANT AND APPELLEE.
FACTS

On or about January 22, 1905, Veronica Alojado received, as a loan,


from Benito de los Reyes that the sum P67 .60, for the purpose of
paying a debt she owed to Olimpia Zaballa. It was agreed between
Alojado and Reyes that the debtor should remain as a servant in the
house and in the service of her creditor, without any renumeration
whatever, until she should find someone who would furnish her with
the said sum where with to repeat the loan. The defendant, Veronica
Alojado, afterwards left the house of the plaintiff, on March 12, 1906,
without having paid him her debt, nor did she do so at any subsequent
date, notwithstanding his demands. The plaintiff, therefore, filed suit
against Veronica Alojado to recover the said sum or, in a contrary
case, to compel her to return to his service. The trial court rendered
judgment whereby he sentenced the defendant to pay to the plaintiff
the sum claimed and declared that, in case the debtor should be
insolvent, she should be obliged to fulfill the agreement between her
and the plaintiff, which was reversed in favor of defendant. Hence, this
appeal. The defendant appealed from the said judgment, denying all
the allegations of the complaint and alleged that, although she had left
the plaintiff's service, it was because the latter had paid her no sum
whatever for the services she had rendered in his house.
ISSUE
Whether or not the Court of First Instance
erred in ruling that the condition is contrary to
law and morality under Article 1255 (Article
1306, NCC) in relation to the provisions on
hiring domestic services under Article 1583,
1584 and 1585 of the Civil Code.
RULING
No. The duty to pay the said sum as well as that of 11.97 delivered to the
defendant in small amounts during the time that she was in the plaintiffs
house, is unquestionable, inasmuch as it is a positive debt demandable of
the defendant by her creditor. (Arts. 1754, 1170 Civil Code). However, the
reason alleged by the plaintiff as a basis for the loan is untenable, to wit,
that the defendant was obliged to render service in his house as a servant
without remuneration whatever and to remain therein so long as she had
not paid her debt, inasmuch as this condition is contrary to law and
morality. (Art. 1255, Civil Code).Domestic services are always to be
renumerated, and no agreement may subsist is law in which it is
stipulated that any domestic service shall be absolutely gratuitous, unless
it be admitted htat slavery may be established in this country through a
covenant entered into between the interested parties.

Petition dismissed.

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