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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
March-1904 Jurisprudence                 

  • G.R. No. 1491 March 5, 1904 - UNITED STATES v. LORENZO ARCEO, ET AL.

    003 Phil 381

  • G.R. No. 1388 March 5, 1904 - SILVERIO PAGUIA FERNANDO v. PACIFICO SANTOS VILLALON, ET AL.

    003 Phil 386

  • G.R. No. 972 March 14, 1904 - JOSE V. L. GONZAGA v. CARMEN F. DE CAÑETE

    003 Phil 394

  • G.R. No. 1468 March 14, 1904 - UNITED STATES v. ALONSO P. GARDNER

    003 Phil 398

  • G.R. No. 1057 March 15, 1904 - ANTONIO DOMENECH v. ANASTASIO MONTES

    003 Phil 412

  • G.R. No. 1581 March 15, 1904 - UNITED STATES v. PEDRO GIT

    003 Phil 414

  • G.R. No. 1445 March 17, 1904 - UNITED STATES v. MARIANO FELICIANO, ET AL.

    003 Phil 422

  • G.R. No. 1403 March 19, 1904 - JOSE E. ALEMANY ET AL. v. JOHN C. SWEENEY

    003 Phil 424

  • G.R. No. 1439 March 19, 1904 - ANTONIO CASTANEDA v. JOSE E. ALEMANY

    003 Phil 426

  • G.R. No. 1476 March 19, 1904 - MAGDALENA CANCINO, ET AL. v. GERVASIO VALDEZ, ET AL.

    003 Phil 429

  • G.R. No. 1543 March 19, 1904 - UNITED STATES v. BENITO VEGARA, ET AL.

    003 Phil 432

  • G.R. No. 1176 March 21, 1904 - UNITED STATES v. PLACIDO ESPIRIDION, ET AL.

    003 Phil 435

  • G.R. No. 1560 March 21, 1904 - UNITED STATES v. BERNABE GOMEZ

    003 Phil 436

  • G.R. No. 1245 March 21, 1904 - UNITED STATES v. CASIANO SAADLUCAP

    003 Phil 437

  • G.R. No. 1353 March 22, 1904 - ANA MARIA ALCANTARA v. MIGUEL MONTENEGRO

    003 Phil 440

  • G.R. No. 1550 March 24, 1904 - UNITED STATES v. JULIO POLOSAN

    003 Phil 443

  • G.R. No. 1315 March 24, 1904 - UNITED STATES v. EUSEBIO VERSOSA

    003 Phil 444

  • G.R. No. 1575 March 24, 1904 - UNITED STATES v. LAUREANO MIJARES, ET AL.

    003 Phil 447

  • G.R. No. 1395 March 28, 1904 - JUANA BRAGA v. JOSE MILLORA

    003 Phil 458

  • G.R. No. 1297 March 28, 1904 - UNITED STATES v. JULIO MENDOZA, ET AL.

    003 Phil 468

  • G.R. No. 1582 March 28, 1904 - UNITED STATES v. DALMACIO LAGNASON

    003 Phil 472

  • G.R. No. 1330 March 28, 1904 - UNITED STATES v. ARTURO BALDELLO, ET AL.

    003 Phil 508

  • G.R. No. 1601 March 28, 1904 - UNITED STATES v. NICOLAS MACLEOD

    003 Phil 510

  • G.R. No. 1660 March 28, 1904 - UNITED STATES v. GREGORIA HERRERA, ET AL.

    003 Phil 515

  • G.R. No. 1655 March 29, 1904 - UNITED STATES v. LEON DE LA TORRE

    003 Phil 516

  • G.R. No. 1670 March 29, 1904 - RAMONA TRINIDAD v. EDUARDO JARABE

    003 Phil 518

  • G.R. No. 1133 March 29, 1904 - RAFAEL REYES, ET AL. v. COMPAÑIA MARITIMA

    003 Phil 519

  • G.R. No. 1413 March 30, 1904 - ANDRES VALENTON ET AL. v. MANUEL MURCIANO

    003 Phil 537

  • G.R. No. 1072 March 30, 1904 - MANUEL ABELLO v. PAZ KOCK DE MONASTERIO

    003 Phil 558

  • G.R. No. 1438 March 30, 1904 - PETRONILA SALONGA v. MANUEL CONCEPCION

    003 Phil 563

  • G.R. No. 1432 March 30, 1904 - MANUEL ARAULLO, ET AL. v. SALUSTIANO ARAULLO, ET AL.

    003 Phil 567

  •  




     
     

    G.R. No. 1403   March 19, 1904 - JOSE E. ALEMANY ET AL. v. JOHN C. SWEENEY<br /><br />003 Phil 424

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 1403. March 19, 1904. ]

    JOSE E. ALEMANY ET AL., Petitioner, v. JOHN C. SWEENEY, judge of the Court of First Instance of Manila, Respondent.

    Ledesma, Sumulong & Quintos, for Petitioners.

    John C . Sweeney, respondent, on his own behalf.

    SYLLABUS


    1. MANDAMUS; REMOVAL OF GUARDIAN; APPEAL FROM ORDER; TIME FOR APPEAL. — Notice of appeal from an order ratifying the removal of a guardian must be given within twenty days from the date thereof, and an allegation in a petition for a writ of mandamus that such notice was given within twenty days from the time the petitioner first heard of the order is not sufficient.

    Prior to the 2d day of April, 1903, Dona Juana Moreno de Rastrollo had been the guardian of the minors Leandro and Paz Gruet. On the 2d day of April the plaintiffs presented an application to the Court of First Instance of Manila asking that the guardian be removed and that the plaintiff Doña Andrea Atayde be appointed guardian of the persons, and the plaintiff Jose E. Alemany, administrator of the property of the minors. On April 7 the court granted the prayer of the petition and made the appointment as requested. The plaintiff Alemany gave a bond in the sum of 25,000 pesos. On the same day the former guardian, Dona Juana Moreno, died. On April 17 the respondent judge annuled the appointment of the plaintiffs and appointed Carlos Rastrollo in their place until the will of Dona Juana Moreno had been proved. On the 22d of April the plaintiffs filed notice of appeal from the order of April 17 and tendered a bond. The respondent judge refused to allow an appeal against the order of April 17. Subsequently, at a date which does not appear, the respondent judge made another order ratifying the annulment of the appointment of the plaintiffs and confirming the appointment of Carlos Rastrollo. The plaintiffs allege that they first heard of this order early in June, and on June 10 appealed from it in so far as it made the appointment of Carlos Rastrollo final, which appeal the respondent judge refused to allow.

    On the 3d day of July, 1903, the petitioners filed a complaint in the Supreme Court setting forth in substance the facts above related and prayed that a writ of mandamus issue against the respondent to compel him to allow their appeals from the two orders mentioned. The respondent demurred to the petition; the demurrer was overruled (Alemany v. Sweeney, 1 Off. Gaz., 857). 1 The respondent then filed an answer to the petition. The plaintiffs moved that the answer be stricken out on the ground that it was argumentative. This motion was denied (Alemany v. Sweeney, 2 Off. Gaz., 110). 2 The other facts are stated in the decision of the court.


    D E C I S I O N


    WILLARD, J. :


    On October 31, 1903, this court held that the complaint in this case stated a cause of action. On December 29, 1903, it held that the answer stated no defense. The case coming on to be heard in its order on the calendar, on January 20, 1904, the defendant asked leave to file an amended answer. The only allegation or denial in the proposed amended answer which is at tall material is the allegation that when the plaintiffs, on April 22, gave notice of an appeal from the order of April 17 removing them, they presented no bond. This statement appears to be untrue, for the plaintiffs present a certified copy of the bond on file in the court below. It is to be noticed further that when the defendant denied the appeal he placed his ruling on the other grounds, and his order says nothing about any alleged failure to present a bond.

    The application to file the amended answer is denied.

    We have already held that the plaintiffs are entitled to their appeal from th order of April 17. It only remains to decide whether they are entitled to appeal from the second order. It does not appear from the complaint when this second order was made. The allegation that the plaintiffs gave notice of appeal within twenty days after they learned of the order is not sufficient. The code requires the appeal to be taken within twenty days after the order is made, not within twenty days after notice thereof. As to this order it does not appear that the appeal was taken in time, and the plaintiffs are therefore not entitled to have it allowed.

    In view of the position taken at the argument by counsel for the defendant, we may add that, in requiring this appeal to be admitted, we do not in any way determine whether the order made on April 17 was void or valid. We simply hold that the plaintiffs have a right to bring the case here by appeal for the purpose of having that question argued and determined.

    Judgment will be entered directing the defendant, upon the presentation of a bond sufficient in amount and sureties, to approve the same, and to allow the appeal of the plaintiffs from the order of April 17, 1903, annulling the appointments of the plaintiffs as guardians of the minors Leandro and Paz Gruet, with costs against the defendant.

    Arellano, C.J., Torres, Cooper, Mapa, McDonough and Johnson, JJ., concur.

    Endnotes:



    1. 2 Phil. Rep., 654.

    2. Page 114, supra.

    G.R. No. 1403   March 19, 1904 - JOSE E. ALEMANY ET AL. v. JOHN C. SWEENEY<br /><br />003 Phil 424




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