BUSORG DIGEST - PRELIM
G.R. L-No. 3666 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 said section 431? Section 431 of the Code of Procedure
in Civil Actions provides:
 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.