Académique Documents
Professionnel Documents
Culture Documents
ISSUE
WON Wong violated Section 3 of the Bulk Sales Law
HELD NO
Reasoning-
W o n g w a s p r e s s e d t o s i g n t h e d e e d o f s a l e b y h i s c r e d i t o r Ocampo. W ith threats of closing
the shop and court action for eviction, the accused was practically forced into signing the deed of sale.
- B U T , e v e n i f h e h a d n ’ t b e e n f o r c e d t o s i g n t h e d e e d , h e s t i l l would not be criminally liable. Act
No. 3925 is penal in nature and should be construed strictly against the State. The object of sale was not covered
by the provisio n. W hat was sold was the shop
itself, together with the goodwill, credits, equipments, tools,
machineries, which are not the stock of merchandise, goods,
w a r e s , p r o v i s i o n s o r m a t e r i a l s i n b u l k c o n t e m p l a t e d i n t h e provision.
- Meaning of ‘merchandise’ accordi ng to a couple of American cases: Something that is sold
everyday, and is constantly going o u t o f t h e s t o r e a n d b e i n g r e p l a c e d b y o t h e r g o o d s ; m u s t
b e construed to mean such things as are usually bought and sold intrade by merchants
- Meaning of ‘stock’: “The common use of the term ‘stock’ whenapplied to goods in a mercantile
house refers to htose which are kept for sale.
”A “ f o u n d r y s h o p ” , w h i c h d o e s n o t s e l l m e r c h a n d i s e , i s n o t included in said law.
Disposition
W e are of the opinion that the guilt of the appellantW ong Szu Tung has not been proven beyond
reasonable doubt;consequently, the judgment appealed from is reversed, and the said appellant
acquitted, with costs
de officio