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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. 11071  August 26, 1916 - S. CHASE DE KRAFFT v. APOLINAR VELEZ<br /><br />034 Phil 854

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 11071. August 26, 1916. ]

    S. CHASE DE KRAFFT, Plaintiff-Appellant, v. APOLINAR VELEZ, as assignee in bankruptcy of the property of Tin Insoy, Defendant-Appellee.

    Felix Calleja for Appellant.

    No appearance for Appellee.

    SYLLABUS


    BANKRUPTCY; ACTION TO RECOVER PROPERTY IN POSSESSION OF ASSIGNEE. — Held: That, with special reference to section 43 and 48 and other provisions of the Bankruptcy Law (Act No. 1596), it was the intention of the legislative department of the Government to require all claims against a bankrupt and the assignee in bankruptcy to be presented in one action. In that conclusion we find ourselves supported in numerous decisions of the Supreme Court of the United States under a similar bankruptcy law. Where the property in dispute is in the actual possession of the court of bankruptcy, the same is thereby withdrawn from the jurisdiction of all other courts. The court having possession of the property has ancillary jurisdiction to hear and determine all questions concerning the title, possession or control of the same. The jurisdiction in such cases arises out of the possession of the property and is exclusive of the jurisdiction of all other courts.


    D E C I S I O N


    JOHNSON, J. :


    The only question presented by this appeal is whether or not a separated and independent action may be brought against an assignee in bankruptcy for the purpose of recovering personal property which the latter held in his possession by virtue of bankruptcy proceedings. Must such an action be instituted as an incident in bankruptcy proceedings?

    This action was commenced in the Court of First Instance of the Province of Misamis on the 12th of January 1915. The plaintiff alleged in his petition that the defendant was an assignee in the bankruptcy proceedings of the said Tin Insoy; that assignee had been legally appointed and had duly qualified as such assignee on the 17th of September, 1914; that said assignee had been appointed in insolvency proceedings in the Court of First Instance of that province; that he, the petitioner, was the legitimate owner of all of the merchandise set forth in the inventory, which the said Tin Insoy had united with his petition of insolvency.

    It must kept in mind that this action is a separate and independent action and had not relation whatever with the insolvency proceedings.

    The plaintiff admitted that the said Tin Insoy had been declared and insolvent debtor by the Court of First Instance in which said action was brought, on the 2d of February, 1914.

    To said petition the defendant demurred. Upon the issue presented by the petition and demurrer, the question was submitted to the court, which after hearing the arguments of the respective parties, declared:jgc:chanrobles.com.ph

    "That it was the intention of the law-making power, in enacting the Bankruptcy Law (Act No. 1956) to provide an adequate remedy therein for all creditors of a person who becomes insolvent, and that an adequate, speedy, and inexpensive remedy has been afforded by the law to the plaintiff, whose rights can be fully adjudicated and protected under section 48 in connection with section 43, and section 36, paragraph 5.

    "That all other creditors of the insolvent Tin Insoy are necessary parties to a proceeding of this character, as this plaintiff at bar is undertaking by this proceeding to take the whole remaining assets of this insolvent debtor in settlement of his individual claim, and without notice to other persons in interest right must necessarily be adjudicated in this proceeding before the prayer of the complaint can be granted.

    "Accordingly it is ordered that this proceeding be dismissed, with costs against the plaintiff, and without prejudice to the right of the plaintiff to present his claim to the court in the bankruptcy proceedings pending in this court, as case No. 2019, in which the defendant at bar is the assignee."cralaw virtua1aw library

    From that judgment the defendant appealed to this court.

    Upon a consideration of the question involved, in relation with the provisions of said Act No. 1956, with special reference to sections 43 and 48, and other provisions of said Bankruptcy Law (Act No. 1956) we are of the opinion that it was the intention of the legislative department of the Government to require all claims against a bankrupt and the assignee in bankruptcy to be presented in one action of insolvency. In that conclusion we find ourselves supported in numerous decisions of the Supreme Court of the United States, under similar bankruptcy law. (White v. Schloerb, 178 U. S., 542; Whitney v. Wenman, 198 U. S., 532; Murphy v. John Hofman Co., 211 U. S. 562; Hebert v. Crawford, 228 U. S., 204; Clay v. Waters 178 Fed. Rep., 385; Turrentine v. Blackwood, 125 Ala., 436; Crosby v. Spear, 98 Me., 542; De Amuzategui v. Macleod, 33 Phil. Rep., 80; Bastida v. Peñalosa, 30 Phil. Rep., 148.)

    In the case of Murphy v. Hofman, the court said:jgc:chanrobles.com.ph

    "Where the property in dispute is in the actual possession of the court of bankruptcy, there comes into play another principle, not peculiar to courts of bankruptcy, but applicable to all courts, Federal or State. Where a court of competent jurisdiction has taken property into its possession, through its officers, the property is thereby withdrawn from the jurisdiction of all other courts. The court, having possession of the property, has an ancillary jurisdiction to hear and determine all questions respecting the title, possession or control of the property, . . . The jurisdiction in such cases arises out of the possession of the property and is exclusive of the jurisdiction of all other courts, although otherwise the controversy would be cognizable in them. (Wabash R. Co. v. Adelbert College, 208 U. S., 38.) Accordingly, where property was in the possession of the bankrupt at the time of the appointment of a receiver, it was held that the bankruptcy court had jurisdiction to determine the title to it as against an adverse claimant, and that receiver had no right to deliver it to him without the order of the court. (Whitney v. Wenman, supra.)"

    In the present case the defendant is the assignee in bankruptcy, an agent of the bankruptcy court, and the property which he holds is held for the bankruptcy court and for the benefit of all persons who are interested in the settlement by bankruptcy proceedings. No other court has any power to render any judgment with regard to said property. The proper remedy of the plaintiff in the present case is to ask for a hearing in the bankruptcy proceedings.

    The complaint or petition in the present case shows upon its face that the property sought to be recovered is in the hands of the assignee in bankruptcy, as an officer of the bankruptcy court. In view of that fact and in view of the provisions of bankruptcy law (Act No. 1956) we are of the lower court in sustaining the demurrer. Its judgment therefore upon said demurrer is hereby affirmed with costs. So ordered.

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

    Separate Opinions


    MORELAND, J., concurring:chanrob1es virtual 1aw library

    I agree to the disposition of this case. (Amuzategui v. Macleod, 33 Phil. Rep., 80; Bastida v. Peñalosa, 30 Phil. Rep., 148.)

    G.R. No. 11071  August 26, 1916 - S. CHASE DE KRAFFT v. APOLINAR VELEZ<br /><br />034 Phil 854


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