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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. 1439   March 19, 1904 - ANTONIO CASTANEDA v. JOSE E. ALEMANY<br /><br />003 Phil 426

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 1439. March 19, 1904. ]

    ANTONIO CASTANEDA, Plaintiff-Appellee, v. JOSE E. ALEMANY, Defendant-Appellant.

    Ledesma, Sumulong, & Quintos, for Appellant.

    The court erred in holding that all legal formalities had been complied with in the execution of the will of Dona Juana Moreno, as the proof shows that the said will was not written in the presence and under the express direction of the testatrix as required by section 618 of the Code of Civil Procedure.

    Antonio V . Herrero, for Appellee.

    The grounds upon which a will may be disallowed are limited to those mentioned in section 634 of the Code of Civil Procedure.

    SYLLABUS


    1. WILLS; BY WHOM WRITTEN. — If a will is signed by the testator or by someone else in his presence and under his express direction, it is a matter of indifference by whom the mechanical work of writing the will is done.

    2. ID.; PROBATE; EFFECT. — The probate of a will is conclusive as to its due execution and as to the testamentary capacity of the testator, but not as to the validity of any provisions made in the will.

    3. ID.; ID.; VALIDITY OF PROVISIONS; JURISDICTION. — In proceedings for the allowance or probate of a will the courts are without jurisdiction to determine questions concerning the validity of the provisions of the will.


    D E C I S I O N


    WILLARD, J. :


    (1) The evidence in this case shows to our satisfaction that the will of Dona Juana Moreno was duly signed by herself in the presence of three witnesses, who signed it as witnesses in the presence of the testatrix and of each other. It was therefore executed in conformity with law.

    There is nothing in the language of section 618 of the Code of Civil Procedure which supports the claim of the appellants that the will must be written by the testator himself or by someone else in his presence and under his express direction. That section requires (1) that the will be in writing and (2) either that the testator sign it himself or, if he does not sign it, that it be signed by some one in his presence and by his express direction. Who does the mechanical work of writing the will is a matter of indifference. The fact, therefore, that in this case the will was typewritten in the office of the lawyer for the testatrix is of no consequence. The English text of section 618 is very plain. The mistakes in translation found in the first Spanish edition of the code have been corrected in the second.

    (2) To establish conclusively as against everyone, and once for all, the facts that a will was executed with the formalities required by law and that the testator was in a condition to make a will, is the only purpose of the proceedings under the new code for the probate of a will. (Sec. 625.) The judgment in such proceedings determines and can determine nothing more. In them the court has no power to pass upon the validity of any provisions made in the will. It can not be decide, for example, that a certain legacy is void and another one valid. It could not in this case make any decision upon the question whether the testatrix had the power to appoint by will a guardian for the property of her children by her first husband, or whether the person so appointed was or was not a suitable person to discharge such trust.

    All such questions must be decided in some other proceeding. The grounds on which a will may be disallowed are stated in section 634. Unless one of those grounds appears the will must be allowed. They are all have to do with the personal condition of the testator at the time of its execution and the formalities connected therewith. It follows that neither this court nor the court below has any jurisdiction in this proceeding to pass upon the questions raised by the appellants by the assignment of error relating to the appointment of a guardian for the children of the deceased.

    It is claimed by the appellants that there was no testimony in the court below to show that the will executed by the deceased was the same will presented to the court and concerning which this hearing was had. It is true that the evidence does not show that the document in court was presented to the witnesses and identified by them, as should have been done. But we think that we are justified in saying that it was assumed by all the parties during the trial in the court below that the will about which the witnesses were testifying was the document then in court. No suggestion of any kind was then made by the counsel for the appellants that it was not the same instrument. In the last question put to the witness Gonzales the phrase "this will" is used by the counsel for the appellants. In their argument in that court, found on page 15 of the record, they treat the testimony of the witnesses as referring to the will whose probate they were then opposing.

    The judgment of the court below is affirmed, eliminating therefrom, however the clause "el cual debera ejecutarse fiel y exactamente en todas sus partes." The cost of this instance will be charged against the appellants.

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

    G.R. No. 1439   March 19, 1904 - ANTONIO CASTANEDA v. JOSE E. ALEMANY<br /><br />003 Phil 426




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