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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. 1353   March 22, 1904 - ANA MARIA ALCANTARA v. MIGUEL MONTENEGRO<br /><br />003 Phil 440

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 1353. March 22, 1904. ]

    ANA MARIA ALCANTARA, Plaintiff-Appellant, v. MIGUEL MONTENEGRO, Defendant-Appellee.

    Alfredo Chicote, for Appellant.

    Felipe G. Calderon and Gregorio Pineda, for Appellee.

    SYLLABUS


    1. APPELLATE PROCEDURE; JURISDICTION OF APPELLATE COURT; FINDINGS; MOTION FOR A NEW TRIAL. — In the absence of a motion for a new trial upon the ground that the findings of fact are contrary to the evidence, the appellate court can not review the evidence; its jurisdiction in such a case is limited to deciding the questions of law presented by the bill of exceptions.


    D E C I S I O N


    TORRES, J. :


    On January 3, 1902, Señor Alfredo Chicote, as attorney for Dona Ana Maria Alcantara, filed a complaint against Don Miguel Montenegro alleging that the plaintiff was the owner of a house and lot situated in Calle Soledad, in the district of Tondo, which said lot is bounded on the right by the lot belonging to the defendant, on the left by an unnamed street, at the back of the lots belonging to Don Hermogenes Fabian, Don Gavino Juanengco, and Don Clemente del Rosario; that the area of the said lot was 979.64 square meters; that it was in the form of a trapezoid and on the back part of the lot there was a projecting piece measuring 6.65 square meters on the right, and 6,45 square meters on the left; that the defendant, on or about the middle of December, 1901, exceeding the limits of his own land, willfully and intentionally took possession of part of the land of the plaintiff to the extent of 2.20 square meters, upon which he constructed part of the building erected on his lot adjacent to that of the plaintiff, and to her damage.

    Upon these facts the plaintiff prayed for judgment against the defendant, declaring the 2.20 square meters of land referred to be her property; that the plaintiff be restored to her right and that she recover of the defendant the sum of $100 as damages for the wrongful possession by the defendant of the said land from the month of December, 1901, for the costs of suit, and such further relief as might b just and equitable.

    In his answer the defendant admitted the first part of the complaint, but alleged that he was unaware of the extent of the plaintiff’s lot. He denied the statements in paragraph 2, and set up in defense that although it was true that he had constructed a building upon a lot belonging to him adjacent to that of the plaintiff he had not taken possession of any part of the plaintiff’s lot; the defendant prayed for judgment that the plaintiff take nothing by her action.

    The judge, upon these pleadings and in view of the documentary and oral evidence introduced by both parties, rendered judgment January 31, 1903, for the defendant, Montenegro, with the costs against the plaintiff.

    In its decision the court held that the burden of proof being upon the plaintiff to establish the facts alleged by her, the evidence introduced in support of the complaint was insufficient to show that she was the lawful owner of the 2.20 square meters of land occupied by the house of the defendant claimed by her, and therefore directed that she take nothing by he action.

    As no motion for a new trial was made by the appellant upon the grounds mentioned in the second part of paragraph 3 of section 145 and in paragraph 3 of section 497 of the Code of Civil Procedure, this court can not review the evidence taken in the court below, as in such a case the jurisdiction of the court is limited to determining questions of law raised by the appellant in the assignment of errors alleged to have been committed by the court below in the judgment appealed.

    In this case the Supreme Court acts as a court of cassation and can not redecide the questions of fact. The plaintiff did not make a motion for a new trial, but simply excepted to the decision of the trial court, as appears from page 26 of the bill of exceptions. The court, in deciding questions of law raised by the bill of exceptions in the brief of the appellant, is by the law bound to abide by the findings of the court below upon the evidence introduced by the parties.

    The judge below having determined upon the evidence that the ownership of the plaintiff to the 2.20 square meters claimed by her was not proven, for the reasons above stated, the judgment of the court below must be affirmed, with the costs against the Appellant.

    Judgment will be entered accordingly twenty days from the date of the filing of this decision, and the case will be remanded to the court below. So ordered.

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

    G.R. No. 1353   March 22, 1904 - ANA MARIA ALCANTARA v. MIGUEL MONTENEGRO<br /><br />003 Phil 440




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