Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 621 (1918)

Ibanez v. Hong Kong & Shanghai Banking Corporation


No. 230


Argued March 20, 21, 1918
Decided April 29, 1918
246 U.S. 621

APPEAL FROM THE SUPREME COURT
OF THE PHILIPPINE ISLANDS

Syllabus

As to cases existing at the time of it enactment, the Philippine Code of Civil Procedure did not displace the system of parental control and usufructuary interest defined by the civil Code respecting the property of minor children. Held, therefore, that the right of a parent to emancipate minor children and thus endow them with capacity to make a valid mortgage of their real estate persisted notwithstanding the Code of Civil Procedure.

Section 581 of the Code of Civil Procedure, providing that

all proceedings in cases of guardianship pending . . . at the time of the passage of this Act, shall proceed in accordance with the existing Spanish procedure under which the guardians were appointed,

is construed broadly as relating not merely to court proceedings, but as expressly preserving existing powers and usufructuary rights of parents over the property of minor children existing under the Civil Code.

30 Phil.Rep. 228, affirmed.

The case is stated in the opinion.