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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-1916 Jurisprudence                 

  • G.R. No. 10649 March 1, 1916 - BENITO AFRICA v. KURT W. GRONKE

    034 Phil 50

  • G.R. No. 10838 March 1, 1916 - ALFONSA CARLOS ET AL. v. MLA. ELECTRIC RAILROAD & LIGHT COMPANY

    034 Phil 55

  • G.R. No. 11148 March 1, 1916 - LIM BUN SU v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 62

  • G.R. No. 10563 March 2, 1916 - UNITED STATES v. ANTONIO BONIFACIO

    034 Phil 65

  • G.R. No. 11262 March 2, 1916 - UNITED STATES v. GREGORIO T. GIMENEZ

    034 Phil 74

  • G.R. No. 7676 March 3, 1916 - JOSE LINO LUNA v. ESTEBAN ARCENAS

    034 Phil 80

  • G.R. No. 10265 March 3, 1916 - EUTIQUIANO CUYUGAN v. ISIDORO SANTOS

    034 Phil 100

  • G.R. No. 10918 March 4, 1916 - WILLIAM FRESSEL ET AL. v. MARIANO UY CHACO SONS & COMPANY

    034 Phil 122

  • G.R. No. 10971 March 4, 1916 - BEAUMONT & TENNEY v. BERNARD HERSTEIN

    034 Phil 127

  • G.R. No. 11216 March 6, 1916 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. BOARD OF PUBLIC UTILITY COMMISSIONERS

    034 Phil 136

  • G.R. No. 8473 March 7, 1916 - SANTIAGO YASON v. JULIO MAGSAKAY

    034 Phil 143

  • G.R. No. 10437 March 7, 1916 - JESUSA LAUREANO v. EUGENIO KILAYCO

    034 Phil 148

  • G.R. No. 10729 March 7, 1916 - UY PO v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 153

  • G.R. No. 10793 March 17, 1916 - GOV’T. OF THE PHIL. ISLANDS v. JUDGE OF THE COURT OF FIRST INSTANCE OF ILOILO

    034 Phil 157

  • G.R. No. 11196 March 8, 1916 - UNITED STATES v. EUSTAQUIO YUMUL

    034 Phil 169

  • G.R. No. 11321 March 8, 1916 - UNITED STATES v. SY BUN KUE

    034 Phil 176

  • G.R. No. 10051 March 9, 1916 - ERLANGER & GALINGER v. SWEDISH EAST ASIATIC CO.

    034 Phil 178

  • G.R. No. 11115 March 10, 1916 - UNITED STATES v. SILVESTRE YU TUICO

    034 Phil 209

  • G.R. No. 10297 March 11, 1916 - AGAPITO BONZON v. STANDARD OIL COMPANY OF NEW YORK ET AL.

    034 Phil 211

  • G.R. No. 8135 March 13, 1916 - FRED J. LEGARE ET AL. v. ANTONIA CUERQUES

    034 Phil 221

  • G.R. No. 10449 March 13, 1916 - UNITED STATES v. ACLEMANDOS BLEIBEL

    034 Phil 227

  • G.R. No. 8092 March 14, 1916 - RUFINA BONDAD ET AL. v. VENANCIO BONDAD ET AL.

    034 Phil 232

  • G.R. No. 10578 March 14, 1916 - PACIFIC COMMERCIAL COMPANY v. MAURICIA SOTTO

    034 Phil 237

  • G.R. No. 11000 March 14, 1916 - UNITED STATES v. VALERIO MENDIETA

    034 Phil 242

  • G.R. No. 9497 March 15, 1916 - SIMONA GALICIA v. TEODORA NAVARRO

    034 Phil 245

  • G.R. No. 11467 March 15, 1916 - NG HIAN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 248

  • G.R. No. 10462 March 16, 1916 - ANDREA DUMASUG v. FELIX MODELO

    034 Phil 252

  • G.R. No. 9164 March 17, 1916 - UNITED STATES v. VY BO TEC

    034 Phil 260

  • G.R. No. 10354 March 17, 1916 - FELIPE DORADO v. AGRIPINO VIRIÑA

    034 Phil 264

  • G.R. No. 10718 March 17, 1916 - United States v. Ramon FERRER

    034 Phil 277

  • G.R. No. 11464 March 17, 1916 - VICTOR BIUNAS v. BENITO MORA

    034 Phil 282

  • G.R. No. 8954 March 21, 1916 - DOROTEA CABANG v. MARTIN DELFINADO

    034 Phil 291

  • G.R. No. 9340 March 21, 1916 - MARGARITO PENALOSA LO INTONG v. ISIDORA JAMITO ET AL.

    034 Phil 303

  • G.R. No. 10889 March 21, 1916 - UNITED STATES v. VALERIO MARTINEZ

    034 Phil 305

  • G.R. No. 11098 March 21, 1916 - CO PAIN v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 310

  • G.R. No. 11154 March 21, 1916 - E. MERRITT v. GOVERNMENT OF THE PHIL. ISLANDS

    034 Phil 311

  • G.R. No. 8979 March 22, 1916 - ADRIANO PANLILIO v. PROVICIAL BOARD OF PAMPANGA ET AL.

    034 Phil 323

  • G.R. No. 10978 March 22, 1916 - SIXTO MANLAGNIT v. ALFONSO SANCHEZ DY PUICO

    034 Phil 325

  • G.R. No. 11315 March 22, 1916 - DIONISION CHANCO v. CARLOS IMPERIAL

    034 Phil 329

  • G.R. No. 8941 March 23, 1916 - GUILLERMO VELOSO v. LORENZO BECERRA

    034 Phil 334

  • G.R. No. 9984 March 23, 1916 - PETRONA JAVIER v. LAZARO OSMEÑA

    034 Phil 336

  • G.R. No. 10769 March 23, 1916 - RAYMUNDO MELLIZA v. F. W. TOWLE

    034 Phil 345

  • G.R. No. 11119 March 23, 1916 - JUANA RIVERA v. RICHARD CAMPBELL

    034 Phil 348

  • G.R. No. 8642 March 24, 1916 - STANDARD OIL COMPANY OF NEW YORK v. ANTONIO BABASA ET AL.

    034 Phil 354

  • G.R. Nos. 8765 & 10920 March 24, 1916 - PEDRO DIMAGIBA v. ANSELMO DIMAGIBA

    034 Phil 357

  • G.R. No. 8806 March 24, 1916 - ALEJANDRO BALDEMOR v. EUSEBIA MALANGYAON

    034 Phil 367

  • G.R. No. 9919 March 24, 1916 - ELISA TORRES DE VILLANUEVA v. STANDARD OIL COMPANY OF NEW YORD ET AL.

    034 Phil 370

  • G.R. No. 9974 March 24, 1916 - CANG YUI v. HENRY GARDENER

    034 Phil 376

  • G.R. No. 10560 March 24, 1916 - IN RE: Tan Po Pic v. JUAN L. JAVIER

    034 Phil 382

  • G.R. No. 10624 March 24, 1916 - MANILA RAILROAD COMPANY v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 385

  • G.R. No. 10663 March 24, 1916 - JOSEPH E. FOX v. MANILA ELECTRIC RAILROAD AND LIGHT COMPANY

    034 Phil 389

  • G.R. No. 11384 March 24, 1916 - ANTONIO GUEVARA v. INSULAR COLLECTOR OF CUSTOMS

    034 Phil 394

  • G.R. No. 10045 March 25, 1916 - PHIL. RAILWAY COMPANY v. WILLIAM T. NOLTING

    034 Phil 401

  • G.R. No. 10777 March 25, 1916 - ALEJANDRA v. COURT OF FIRST INSTANCE OF PANGASINAN

    034 Phil 404

  • G.R. No. 11157 March 25, 1916 - POLICARPIO RAMIREZ v. FRANCISCO DE OROZCO

    034 Phil 412

  • G.R. No. 10510 March 27, 1916 - LEONCIO ZARATE v. DIRECTOR OF LANDS ET AL.

    034 Phil 416

  • G.R. No. 10580 March 27, 1916 - TEODORO DE LOS REYES v. MAXIMINO PATERNO

    034 Phil 420

  • G.R. No. 11607 March 27, 1916 - PHIL. SUGAR ESTATES DEV. CO. (LTD.) v. ARMANDO CAMPS Y CAMPS

    034 Phil 426

  • G.R. No. 9845 March 28, 1916 - J. C. RUYMANN v. DIRECTOR OF LANDS

    034 Phil 428

  • G.R. No. 10054 March 28, 1916 - UNITED STATES v. ATANASIO CLARAVALL

    034 Phil 441

  • G.R. No. 10264 March 28, 1916 - CHOA TEK HEE v. PHIL. PUBLISHING CO.

    034 Phil 447

  • G.R. No. 10595 March 28, 1916 - TEODORO KALAMBAKAL v. VICENTE PAMATMAT ET AL.

    034 Phil 465

  • G.R. No. 10810 March 28, 1916 - MUNICIPALITY OF AGOO v. GABRIEL TAVORA

    034 Phil 475

  • G.R. No. 10902 March 28, 1916 - SERAPIA DE JESUS v. PABLO PALMA

    034 Phil 483

  • G.R. No. 11156 March 28, 1916 - IN RE: DU TEC CHUAN. M. G. VELOSO

    034 Phil 488

  • G.R. No. 11363 March 28, 1916 - BERNARDO MOLDEN v. INSULAR COLLETOR OF CUSTOMS

    034 Phil 493

  • G.R. No. 11366 March 28, 1916 - INSULAR COLLECTOR OF CUSTOMS v. GOERGE R. HARVEY

    034 Phil 503

  • G.R. No. 9550 March 29, 1916 - BACHRACH GARAGE v. HOTCHKISS & CO.

    034 Phil 506

  • G.R. No. 10019 March 29, 1916 - THOMAS A. WALLACE v. PUJALTE & CO.

    034 Phil 511

  • G.R. No. 10202 March 29, 1916 - GOV’T. OF THE PHIL. ISLANDS Ex Rel. MUN. OF CARDONA v. MUN. OF BINANGONAN ET AL.

    034 Phil 518

  • G.R. No. 10474 March 29, 1916 - FRANCISCO OSORIO Y GARCIA v. SOLEDAD OSORIO

    034 Phil 522

  • G.R. No. 10493 March 29, 1916 - FREDERICK L. COHEN v. BENGUET COMMERCIAL CO. (Ltd.)

    034 Phil 526

  • G.R. No. 10751 March 29, 1916 - GOV’T. OF THE PHIL. ISLANDS v. MARIA CABALLERO Y APARICI

    034 Phil 540

  • G.R. No. 10778 March 29, 1916 - MUNICIPALITY OF DUMANGAS v. ROMAN CATHOLIC BISHOP OF JARO

    034 Phil 541

  • G.R. No. 11008 March 29, 1916 - MARIANO REAL ET AL. v. CESAREO MALLARI

    034 Phil 547

  • G.R. No. 11068 March 29, 1916 - FERNANDEZ HERMANOS v. HAROLD M. PITT

    034 Phil 549

  • G.R. No. 11274 March 29, 1916 - RAFAELA DALMACIO v. ALBERTO BARRETTO

    034 Phil 554

  • G.R. No. 11585 March 29, 1916 - PABLO PERLAS v. PEDRO CONCEPCION

    034 Phil 559

  • G.R. No. 8697 March 30, 1916 - M. GOLDSTEIN v. ALIJANDRO ROCES ET AL.

    034 Phil 562

  • G.R. No. 8988 March 30, 1916 - HARTFORD BEAUMONT v. MAURO PRIETO, ET AL.

    041 Phil 670

  •  




     
     

    G.R. No. 9974   March 24, 1916 - CANG YUI v. HENRY GARDENER<br /><br />034 Phil 376

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 9974. March 24, 1916. ]

    CANG YUI, Plaintiff-Appellant, v. HENRY GARDENER and TAN SINGCO, Defendants-Appellees.

    P.E. del Rosario for Appellant.

    McVean & Vickers for the appellee Gardner.

    No appearance for the other appellee.

    SYLLABUS


    1. PARTNERSHIP, EVIDENCE OF. — Accepting money from the plaintiff upon presentation of a letter which stated that the defendants were partners and the objecting defendant’s statement that he hired the codefendant, but agreed later to allow the codefendant to share in the profits, make the defendants partners jointly liable for the debts charged to the business even though they have not organized a partnership according to the provisions of the Code of Commerce.

    2. EVIDENCE; BOOKS OF ACCOUNT. — Books of account, although not kept in accordance with the provisions of the Code of Commerce, if not objected to, are admissible in evidence, and, in any event, they may be admitted under section 338 of the Code of Civil Procedure, as a memorandum to refresh the memory of the witness. (Tan Machan v. Gan Aya, 3 Phil. Rep., 684.)

    3. ID.; INTERPRETATION OF LETTER. — The plaintiff wrote a letter in which he stated that the manager of the defendant’s store owed the amount of this suit. He testified at the trial that he understood "manager" and "partner" to mean same. The codefendants jointly received the benefits derived from incurring the debt. Held, That the lower court erred in finding that the plaintiff meant by this letter to hold solely the partner named therein.


    D E C I S I O N


    TRENT, J. :


    This action was instituted for the purpose of recovering the sum P704.77, with interest, the balance on an open account. From a judgment absolving the defendant, Henry Gardner, the plaintiff appealed.

    The plaintiff claims that the defendants opened a joint account in his store on January 29, 1911, which continued until November 18, 1912, during which time he furnished them money and merchandise to the amount of P4,842.37 and that they have paid on this account P4,137.60, leaving a balance of P704.77 due and unpaid. There can be no doubt about the correctness of these amounts. Whether the defendants incurred the indebtedness jointly as partners is the principal question presented for our determination.

    The plaintiff testified that the money and merchandise were delivered to the defendants as partners; that he so made the entries in his books; that he delivered to Gardner personally the following amounts in cash in 1911: January 25, P500, February 6, P1,000; March 6, P200; April 23, P400; and October 22, P50. The plaintiff in thus testifying, used, for the purpose of refreshing his memory, his books and stated that the entries were made at the time and in the manner set forth therein. A copy of this account, taken from the plaintiff’s books, was introduced in evidence as Exhibit B and admitted without objection. The plaintiff presented also Exhibit C, which is a letter written by the defendant, Tan Singco, on January 23, 1911, and addressed to the plaintiff. In this letter Singco stated, among other things, that —

    "On this trip my chief and partner, Mr. Henry Gardner, has taken passage for Dumaguete for medical treatment, and it is he who carries this letter. On handing you this letter he will ask of you the sum of P500, which we beg you to give to him without fail. Please answer stating whether this delivery was made."cralaw virtua1aw library

    On the presentation of Exhibit C by Gardner, he received from the plaintiff the P500.

    The defendant, Tan Singco, alleged in his answer that on the dissolution of the partnership composed of Gardner and himself, Gardner took over all the assets of the firm and assumed all outstanding liabilities, and that he (Singco) has no further interest in the matter. This defendant did not appear at the trial.

    The defendant Gardner testified that:jgc:chanrobles.com.ph

    "I am going to begin to explain this business from its commencement. In November, 1911, I was very sick. This Chinaman Tan Singco was owing me P1,700 for merchandise taken at my store, for he had a tienda, but he lost all his capital and could not pay me. Being sick, as I said, i called him to my house and told him that, as he was owing me P1,700 and could not pay me because he no longer had a tienda, he ought to come in with me to work, and that I would pay him. There was also another Chinaman named Lo Pico who had been a bookkeeper, whose services I secured in order that, between them both, they might keep the books, under my orders, but the license of the store (was) in my name. Tan Singco begged me, saying that the salary that I could give him, of from P40 to P50, was not sufficient, because he had a family. As I was not interested in enriching myself out of this store, I was willing that they should work as if it belonged to them and that we should divide the profits among ourselves, to which they agreed."cralaw virtua1aw library

    Gardner admitted that he received some of the amounts stated by the plaintiff and as to the others, he did not remember, but he at no time denied having received all of these amounts. He bases his nonliability largely upon the following letter (Exhibit 1) received by him from the plaintiff.

    "DUMAGUETE, December 8, 1912.

    "Mr. ENRIQUE, C. A. I. (American),

    "Guihulngan.

    "DEAR FRIEND: I beg to inform you that Tansing, the man in charge of your store, now owes in this store of mine P704.77. The condition was that corn should be credited on account, but for the past six months no corn whatever has arrived here. For this reason, as no corn has been credited to the account for a long time, if it is not too much money is now long overdue, wherefore I rely on you to obtain the amount of the claim I make in this letter. I await your reply by return mail.

    "With nothing further, receive my kind regards and command,

    "Your sincere, faithful servant,

    (Sgd.) "CANG YUI."cralaw virtua1aw library

    In passing upon the probative force of this letter (Exhibit 1), the trial court said:jgc:chanrobles.com.ph

    "Coming now to an examination of the evidence of the defendant Henry Gardner, we find that it completely over throws that adduced by the plaintiff. Exhibit 1 is a conclusive proof of it. A mere perusal of this exhibit is sufficient to understand that the plaintiff himself throws the whole liability for the debt upon the defendant Tan Singco, and never upon Gardner. Neither does this letter speak of any partnership or company formed between Gardner and Tan Singco, so as to allow the inference of any joint and several liability which Gardner might have had together with Tan Singco. The authenticity of this Exhibit 1 is recognized by the plaintiff, and this own pit.’ That the debt referred to in the letter is the particular one mentioned in the complaint, there is not the least doubt, for the amount claimed in the complaint is the same amount claimed in the letter."cralaw virtua1aw library

    The plaintiff, on being questioned about Exhibit 1, admitted its authenticity and testified that according to his understanding "partner" and "manager" (encargado) were the same and that he notified Gardner that the "tienda" (meaning the tienda owned and operated by Gardner) owed him (the plaintiff) the amount in question.

    That the plaintiff understood that the defendants were partners and dealt with them as such for a period of nearly two years, there can be no question. He so testified and he is corroborated by his books, which show continuous dealings with the defendants as partners, and contain original entries of charges and credits made by the plaintiff in the ordinary course of his business and at the time of the transactions. But it is urged that as the plaintiff’s books were kept in the Chinese language, they were wholly unintelligible to both the court and the defendant Gardner and, therefore, inadmissible as evidence because they did not meet the requirements of the Code of Civil Procedure, the Code of Commerce, or section 65 of Act No. 1956. In considering the force of these contentions it must be remembered that the plaintiff testified that the entries were correct and made in the manner above set forth and that the translations were likewise correct, all without objection on the part of the defendant Gardner, and that the books were open to inspection by Gardner at all times.

    In Garrido v. Asencio (10 Phil. Rep., 691), this court said:jgc:chanrobles.com.ph

    "The plaintiff assigns as error the admission of this account on the ground that the books of the partnership were not kept in accordance with the provisions of Title III, Book I, of the Code of Commerce. It is not necessary for us to consider this assignment of errors as to the inadmissibility of this account on the ground that the books were not kept in accordance with the provisions of the Commercial Code, because no objection was made to its admission in the court below; and further, because in any event it was admissible under the provisions of section 338 of the Code of Civil Procedure as a memorandum used to refresh the memory of the witness."cralaw virtua1aw library

    Whether we treat the plaintiff’s books as prima facie evidence of the facts therein stated or as a memorandum used to refresh the memory of the witness, the result in this case is the same, because it has been clearly established by the testimony of the plaintiff that the books were kept in the manner stated. In fact, the plaintiff’s testimony on this point stands uncontradicted.

    The defendant Gardner personally received the P500, which is the first item in the plaintiff’s account. Exhibit C states that the defendants were partners. Gardner knew this fact and induced the plaintiff to believe that he and the other defendant were partners by presenting the letter, Exhibit C, and accepting the money. Again, Gardner testified that his codefendant had lost all of his capital and could not pay his debts, and this was the reason that he took him into his own store as an employee on a salary, but later agreed that he might participate in the profits, thereby making him an industrial partner. This occurred before the account was opened with the plaintiff. In view of all these facts, we are of the opinion that the trial court erred in its interpretation of Exhibit 1. In writing this letter, Exhibit 1, the plaintiff did not intend to relieve Gardner of liability for the payment of the balance due. He notified Gardner that the manager of his store owed on the open account the sum of P704.77. When this letter was written the plaintiff knew that the accounts in his books were carried on in the names of both Gardner and the other defendant, so the plaintiff’s interpretation of this letter to the effect that he considered the manager and partner one and the same thing, is in accordance with the facts as they appear in the record. It is true that the partnership of Gardner and Singco was not organized in accordance with the Code of Commerce, but this fact does not relieve either one of them from the payment of the debt, which they incurred jointly and from which they jointly received benefits.

    For the foregoing reasons, the judgment appealed from is reversed and judgment will be entered against the defendants jointly, but not severally, for the sum of P704.77, together with legal interest from the date of the institution of this action, without costs in this instance. So ordered.

    Torres, Johnson, Moreland and Araullo, JJ., concur.

    G.R. No. 9974   March 24, 1916 - CANG YUI v. HENRY GARDENER<br /><br />034 Phil 376




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