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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
 

   
January-1916 Jurisprudence                 

  • G.R. No. 9518 January 3, 1916 - FRANCISCO ROSCO v. MARIANO REBUENO

    033 Phil 105

  • G.R. No. 10318 January 3, 1916 - ANTONIO M.A BARRETTO v. TOMAS CABREZA

    033 Phil 112

  • G.R. Nos. 11379 & 11380 January 3, 1916 - UNITED STATES v. YU TEN

    033 Phil 122

  • G.R. No. 10992 January 6, 1916 - QUE QUAY v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 128

  • G.R. No. 10089 January 7, 1916 - VICTORIA AYLLON v. MIGUEL SIOJO

    033 Phil 145

  • G.R. No. 10212 January 7, 1916 - INSULAR LIFE ASSURANCE CO. v. GAUDENCIO ELEIZEGUI

    033 Phil 148

  • G.R. No. 9252 January 11, 1916 - SINFOROSO PASCUAL v. WM. T. NOLTING

    033 Phil 154

  • G.R. No. 9759 January 11, 1916 - PHILIPPINE RAILWAY CO. v. IGNACIO DURAN

    033 Phil 156

  • G.R. No. 10422 January 11, 1916 - A. LEMOINE v. C. ALKAN

    033 Phil 162

  • G.R. No. 10863 January 11, 1916 - HERMOGENES DE JESUS v. G. URRUTIA & CO.

    033 Phil 171

  • G.R. No. 11078 January 11, 1916 - CLIFFORD H. LOGAN v. PHILIPPINE ACETYLENE CO.

    033 Phil 177

  • G.R. No. 11088 January 11, 1916 - LIM CHING v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 186

  • G.R. No. 7798 January 14, 1916 - ANGELA C. GARCIA v. JOAQUIN DEL ROSARIO

    033 Phil 189

  • G.R. Nos. 10381 & 10714 January 14, 1916 - TRITON INSURANCE CO. v. ANGEL JOSE

    033 Phil 194

  • G.R. No. 10738 January 14, 1916 - RUEDA HERMANOS & CO. v. FELIX PAGLINAWAN & CO.

    033 Phil 196

  • G.R. No. 10849 January 14, 1916 - UNITED STATES v. LUIS IGNACIO

    033 Phil 202

  • G.R. No. 11015 January 14, 1916 - PERPETUO FLORES TAN v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 205

  • G.R. No. 11002 January 17, 1916 - UNITED STATES v. MATEO P. PALACIO

    033 Phil 208

  • G.R. No. 7988 January 19, 1916 - YOUNG MEN’S CHRISTIAN ASSOCIATION OF MANILA v. COLLECTOR OF INTERNAL REVENUE

    033 Phil 217

  • G.R. No. 9806 January 19, 1916 - LEONIDES LOPEZ LISO v. MANUEL TAMBUNTING

    033 Phil 226

  • G.R. No. 10141 January 20, 1916 - MARGARITA SANTOS v. AGUSTIN ACOSTA

    033 Phil 229

  • G.R. No. 10711 January 20, 1916 - UNITED STATES v. KONG FONG

    033 Phil 234

  • G.R. No. 10731 January 20, 1916 - UNITED STATES v. LORENZO LOPEZ QUIM QUINCO

    033 Phil 239

  • G.R. No. 10783 January 20, 1916 - UNITED STATES v. AGRIPINO AGONCILLO

    033 Phil 242

  • G.R. No. 10854 January 21, 1916 - UNITED STATES v. NG TUY

    033 Phil 261

  • G.R. No. 10436 January 24, 1916 - FRANCISCA EGUARAS v. GREAT EASTERN LIFE ASSURANCE CO.

    033 Phil 263

  • G.R. No. 10989 January 24, 1916 - GO PAW v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 278

  • G.R. No. 10759 January 25, 1916 - UNITED STATES v. PEDRO VERZOLA

    033 Phil 285

  • G.R. No. 10259 January 26, 1916 - CITY OF MANILA v. ALICE J. NEAL

    033 Phil 291

  • G.R. No. 9087 January 27, 1916 - MARIANO G. VELOSO v. JOSE HEREDIA

    033 Phil 306

  • G.R. No. 10057 January 27, 1916 - DIAO CONTINO v. NOVO & COMPANY

    033 Phil 310

  • G.R. No. 10099 January 27, 1916 - TEOFILA DEL ROSARIO DE COSTA v. LA BADENIA

    033 Phil 316

  • G.R. No. 10528 January 27, 1916 - UNITED STATES v. BONIFACIO MONTEROSO

    033 Phil 325

  • G.R. No. 10537 January 27, 1916 - M. EARNSHAW & COMPANY v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 327

  • G.R. No. 10972 January 28, 1916 - LEE CHING v. INSULAR COLLECTOR OF CUSTOMS

    033 Phil 329

  • G.R. No. 10557 January 29, 1916 - MARIA BALTAZAR v. APOLONIA ALBERTO

    033 Phil 336

  • G.R. No. 10907 January 29, 1916 - ONG JANG CHUAN v. WISE & CO. (LTD.)

    033 Phil 339

  • G.R. No. 10040 January 31, 1916 - EUGENIA LICHAUCO v. FAUSTINO LICHAUCO

    033 Phil 350

  •  





     
     

    G.R. No. 10854   January 21, 1916 - UNITED STATES v. NG TUY<br /><br />033 Phil 261

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 10854. January 21, 1916. ]

    THE UNITED STATES, Plaintiff-Appellee, v. NG TUY, Defendant-Appellant.

    J. N. Wolfson for Appellant.

    Attorney-General Avanceña for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; APPEAL; SEVERE PENALTY IMPOSED UNDER A WRONG THEORY. — The Supreme Court, whenever it finds that a severe penalty has been imposed upon a wrong theory, will modify it.


    D E C I S I O N


    JOHNSON, J. :


    This defendant was charged with a violation of the Opium Law, was arrested, arraigned, plead not guilty, was tried, found guilty of the crime charged, and sentenced to be imprisoned for a period of 6 months and to pay a fine of P300 and the costs, with subsidiary imprisonment in case of insolvency. From that decision the defendant appealed to this court. The appellant, through his attorney, presents a question of fact only in this court.

    The complaint alleged that on or both the 2d of February, 1915, in the city of Manila, the accused did then and there willfully, unlawfully, and feloniously have in his possession and under his control, twenty centigrams of morphine, a prohibited drug, contrary to law.

    It appears from the record that on or about the 2d of February, 1915, the defendant lived in a house on Calle Ilangilang, city of Manila; that about 7 o’clock a.m. of said day several policemen went to his residence and after having gained admission, found within said house a small package, containing a small quantity of morphine, and other effects, consisting of a glass tube, part of a syringe, a needle used in cooking opium, two spoons, etc., all of which were found in the room which the defendant occupied. The body of the defendant was examined and it appeared clearly that he had been in the habit of using opium by injections. The lower court found that the defendant had been several times previously convicted for a violation of the Opium Law, and for that reason evidently, imposed the penalty of six months of imprisonment and a fine of P300.

    An examination of the record fails to show any evidence whatever of the fact that the defendant had been previously convicted of the same offense. In view of that fact, we are of the opinion, and so hold, that the sentence of the lower court should be modified.

    It is evident, from a reading of the decision of the lower court, that the severe penalty imposed of six months imprisonment and a fine of P300, was imposed upon the theory that the defendant had therefore been convicted several times of the same offense. That theory was erroneous, for the reason that the record contains no proof of a former conviction.

    In view of the fact that the severe penalty imposed was imposed upon a wrong theory, we are of the opinion that it should be modified. Therefore, the sentence of the lower court is hereby modified and it is hereby ordered and decreed that the defendant be sentenced to be imprisoned for a period of three months and to pay a fine of P300 and in case of insolvency to suffer subsidiary imprisonment in accordance with the provisions of the law, and to pay the costs. So ordered.

    Arellano, C.J., Torres, Carson, Moreland, and Trent, JJ., concur.

    G.R. No. 10854   January 21, 1916 - UNITED STATES v. NG TUY<br /><br />033 Phil 261


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