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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
 

   
August-1916 Jurisprudence                 

  • G.R. No. 9366 August 1, 1916 - YAP TICO & CO. v. H. C. ANDERSON

    034 Phil 626

  • G.R. No. 10010 August 1, 1916 - CHU JAN v. LUCIO BERNAS

    034 Phil 631

  • G.R. No. 11371 August 1, 1916 - UNITED STATES v. CECILIA MEMORACION

    034 Phil 633

  • G.R. No. 11497 August 1, 1916 - UNITED STATES v. LORENZO BLANZA

    034 Phil 639

  • G.R. No. 11597 August 1, 1916 - UNITED STATES v. DARIO PADILLA

    034 Phil 641

  • G.R. No. 11634 August 1, 1916 - UNITED STATES v. BARAMBANGAN

    034 Phil 645

  • G.R. No. 8452 August 2, 1916 - DEAN C.WORCESTER v. MARTIN OCAMPO

    034 Phil 646

  • G.R. No. 11389 August 2, 1916 - UNITED STATES v. JUAN SELLANO

    034 Phil 655

  • G.R. No. 11425 August 2, 1916 - UNITED STATES v. NGAN PING

    034 Phil 660

  • G.R. Nos. 10114 & 10137 August 3, 1916 - MELECIO MONTINOLA v. JOSE G. MONTALVO ET AL.

    034 Phil 662

  • G.R. No. 11050 August 7, 1916 - UNITED STATES v. LIM SOON

    034 Phil 668

  • G.R. No. 11159 August 7, 1916 - UNITED STATES v. MANUEL B. ASENSI

    034 Phil 671

  • G.R. No. 11420 August 7, 1916 - UNITED STATES v. WAN YANG

    034 Phil 679

  • G.R. No. 9957 August 8, 1916 - PERFECTO DE LA VEGA ET AL. v. TOMAS BALLILOS (or BALIELOS)

    034 Phil 683

  • G.R. No. 11477 August 8, 1916 - UNITED STATES v. TORIBIIO ANDAYA

    034 Phil 690

  • G.R. No. 11507 August 8, 1916 - UNITED STATES v. SEVERO DE LOS REYES

    034 Phil 693

  • G.R. No. 11510 August 8, 1916 - UNITED STATES v. BAHATAN

    034 Phil 695

  • G.R. No. 10712 August 10, 1916 - ANSELMO FERRAZZINI v. CARLOS GSELL

    034 Phil 697

  • G.R. No. 11566 August 10, 1916 - UNITED STATES v. MARCELO JOSE

    034 Phil 715

  • G.R. No. 11565 August 11, 1916 - UNITED STATES v. MARCELO JOSE

    034 Phil 723

  • G.R. No. 11162 August 12, 1916 - UNITED STATES v. F. LULING

    034 Phil 725

  • G.R. No. 11530 August 12, 1916 - UNITED STATES v. JUAN PONS

    034 Phil 729

  • G.R. No. 10100 August 15, 1916 - GALO ABRENICA v. MANUEL GONDA

    034 Phil 739

  • G.R. No. 11165 August 15, 1916 - UNITED STATES v. MANUEL B. ASENSI

    034 Phil 750

  • G.R. No. 11338 August 15, 1916 - UNITED STATES v. TAN OCO

    034 Phil 772

  • G.R. No. 11480 August 17, 1916 - UNITED STATES v. ROBERTO PANGILION

    034 Phil 786

  • G.R. No. 10374 August 18, 1916 - PIO MERCADO v. MARIA TAN-LINGCO

    034 Phil 793

  • G.R. No. 10891 August 18, 1916 - UNITED STATES v. EUGENIO KILAYKO

    034 Phil 796

  • G.R. No. 11711 August 18, 1916 - MANUEL CEMBRANO CHAN GUANCO v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 802

  • G.R. No. 10988 August 19, 1916 - ROQUE SAMSON v. BRAULIO GARCIA

    034 Phil 805

  • G.R. No. 11488 August 19, 1916 - UNITED STATES v. LICERIO CASTEN

    034 Phil 808

  • G.R. No. 11653 August 19, 1916 - UNITED STATES v. GENOVEVA AQUINO

    034 Phil 813

  • G.R. No. 12096 August 22, 1916 - EMILIO DE CASTRO v. FERNANDO SALAS

    034 Phil 818

  • G.R. No. 11401 August 23, 1916 - UNITED STATES v. GREGORIO CRISTOBAL ET AL.

    034 Phil 825

  • G.R. No. 11427 August 23, 1916 - VY LIONG LIN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 832

  • G.R. No. 11505 August 25, 1916 - UNITED STATES v. SATAOA BUNGAOIL

    034 Phil 835

  • G.R. No. 11737 August 25, 1916 - UNITED STATES v. MARCELO JOSE ET AL.

    034 Phil 840

  • G.R. No. 11739 August 25, 1916 - CESAR MERCADER v. ADOLPH WISLIZENUS

    034 Phil 846

  • G.R. No. 11986 August 25, 1916 - MANUEL ORIA Y GONZALEZ v. RICHARD CAMPBELL

    034 Phil 850

  • G.R. No. 11071 August 26, 1916 - S. CHASE DE KRAFFT v. APOLINAR VELEZ

    034 Phil 854

  • G.R. No. 10868 August 28, 1916 - LEOCADIO JOAQUIN v. O. MITSUMINE

    034 Phil 858

  • G.R. No. 11267 August 31, 1916 - SEE CHIAT SEE HUAN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 865

  • G.R. No. 11562 August 31, 1916 - UNITED STATES v. SIMON LAZARO

    034 Phil 871

  • G.R. No. 11772 August 31, 1916 - UNITED STATES v. GAN LIAN PO

    034 Phil 880

  •  





     
     

    G.R. No. 10988  August 19, 1916 - ROQUE SAMSON v. BRAULIO GARCIA<br /><br />034 Phil 805

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 10988. August 19, 1916. ]

    ROQUE SAMSON, Plaintiff-Appellant, v. BRAULIO GARCIA and ALIPIO YCALINA, Defendants. ALIPIO YCALINA, Appellee.

    J. M. Arroyo for Appellant.

    Mariano Locsin Rama for Appellee.

    SYLLABUS


    REAL ACTION; UNREGISTERED TITLES; PREFERENCE. — Considering the fact that neither of said alleged owners had obtained the registration of his title, the land question belongs to the defendant Alipio Ycalina, for the reason that he first obtained possession of the same in good faith.


    D E C I S I O N


    JOHNSON, J. :


    The purpose of the present action was to recover the possession of two parcels of land particularly described in the second paragraph of the complaint, together with damages for the illegal occupation of the same and costs. The action was commenced on the 23d of March, 1914, in the Court of First Instance of the Province of Negros Occidental. The plaintiff alleged that he was the owner entitled to the possession thereof; that the defendants were illegally depriving him of the possession of said parcels of land. The defendant, Braulio Garcia, neither appeared nor answered the petition and judgment was taken against him by default.

    The defendant, Alipio Ycalina, appeared and all of the facts alleged in the complaint. He further alleged that the two parcels of land in question belonged to him and were included within the boundaries of a larger parcel of land, with a superficial area of approximately 39 1/2 cavanes of palay.

    Upon the issue thus presented by the petition and answer the cause was brought on for trial.

    After hearing the evidence adduced by the respective parties, the Honorable Fermin Mariano, judge, reached the conclusion that the defendant, Alipio Ycalina, and absolved him from all liability under the complaint with costs against the plaintiff. From that judgment the plaintiff appealed to this court.

    From an examination of the record brought to this court the following facts seem to be proved by a large preponderance of the evidence:chanrob1es virtual 1aw library

    First. That the defendant, Alipio Ycalina, purchased the parcels of land in question on or about the 20th of May, 1910, from the defendant Braulio Garcia, and had been in the possession of the same from that date.

    Second. That the plaintiff had purchased the first parcel of land described in the complaint from the defendant Braulio Garcia under a pacto de retracto, on the 19th of November, 1911; that the said pacto de retracto permitted the vendor to repurchase said parcel within a period of four months from the date of the sale.

    Third. That the plaintiff purchased the second parcel of land described in the complaint from the defendant Braulio Garcia on the 21st of June, 1910; that under the terms of the said pacto de retracto the vendor reserved the right to repurchase said parcel of land within a period of one year.

    Fourth. That the plaintiff had never been possessions of the parcels of land in question.

    From the foregoing facts then it appears that the parcels of land in questions had been sold to both the plaintiff and the defendant Alipio Ycalina by the said Braulio Garcia. It is also proved that the defendant alipio has been in possession since the date of his purchase, and that the plaintiff has never been in possession of the land.

    Article 1473 of the Civil Code provides:jgc:chanrobles.com.ph

    "When the same thing has been sold to different vendees, the ownership shall be transferred to the person who first took possession of it, in good faith, if the thing is personal.

    "When the thing is a piece of real property, it shall belong to the person acquiring it who first inscribed it in the registry.

    "When there is not inscription, the property shall belong to the person who first took possession of it in good faith, and in default of said possession, to the person who presents the oldest title, provided there is good faith."cralaw virtua1aw library

    No question is raised in the record with reference to the good faith of each the purchasers of the parcels of land in question nor of the good faith of the possession of the defendant. It also proved that neither obtained the registration of his title while it does appear that each of them, on different dates, had obtained a preventative, precautionary notice. In accordance with paragraph 2 of article 17 of the Mortgage Law, a preventative, precautionary notice only protests the right of the person securing it for a period of thirty days. A preventative, precautionary notice only protects the interests and rights of the person who secures it against those who acquire an interest in the property subsequently thereto, and then only for a period of thirty days. It can not affect the rights or interests of persons who acquired an interest in the same land theretofore.

    In view, therefore, of the fact that neither had obtained the registration of his title and in accordance with paragraph 3 of article 1473, the land in question belongs to the defendant Alipio Ycalina for the reason that he first obtained possession of said parcels of land in good faith. (Veguillas v. Jaucian, 25 Phil. Rep., 315; Davis v. Neyra, 24 Phil. Rep., 417; Gutierrez Hermanos v. Ramirez, 27 Phil. Rep., 281.)

    For the forgoing reasons, we are of the opinion and so hold that the judgment of the lower court must be and is hereby affirmed, with costs. So ordered.

    Torres, Trent, and Araullo, JJ., concur.

    Moreland, J., concurs in the result.

    G.R. No. 10988  August 19, 1916 - ROQUE SAMSON v. BRAULIO GARCIA<br /><br />034 Phil 805


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