Lim Vs Brownell
Lim Vs Brownell
,
G.R. No. L-8587
FACTS:
ISSUE:
1. Whether or not Intervenor-Appellee (Republic of the Philippines) be sued?
HELD:
1. No suit or claim for the return of said properties pursuant to Section 9 or 32 (a) of
the Trading with the Enemy Act was filed by Plaintiff within two years from the
date of vesting, the “later” date and the last on which suit could be brought. A
condition precedent to a suit for the return of property vested under Trading with
the Enemy Act is that it should be filed not later than April 30, 1949, or within two
years from the date of vesting, whichever is later, but in computing the two years,
the period during which there was pending a suitor claim for the return of the
property of the Act shall be excluded.
The court states that In view of the foregoing, the order appealed from insofar as
it dismisses the complaint with respect to Lots 1 and 2 and the claim for damages
against the Attorney General of the United States and the Republic of the
Philippines, is affirmed, but revoked insofar as it dismisses the complaint with
respect to Lots 3 and 4, as to which the case is hereby remanded to the court
below for further proceedings.