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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. 10054  March 28, 1916 - UNITED STATES v. ATANASIO CLARAVALL<br /><br />034 Phil 441

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 10054. March 28, 1916. ]

    THE UNITED STATES, Plaintiff-Appellee, v. ATANASIO CLARAVALL, ANTONIO RAYMUNDO and COSME HERMOSO, Defendants-Appellants.

    Ledesma, Lim & Irureta Goyena for appellant Atanasio Claravall.

    Mariano P. Leuterio for appellants Raymundo and Hermoso.

    Acting Attorney-General Zaragosa for Appellee.

    SYLLABUS


    THEFT. — Held: Under the facts stated in the opinion, that the defendants were guilty of the crime of larceny and not that of robbery.


    D E C I S I O N


    JOHNSON, J. :


    On the 23d day of September, 1913, the prosecuting attorney of the Provinces of Cagayan and Isabela presented a complaint in the Court of First Instance of the Province of Isabela, in which the defendants were charged with the crime of robbery. The complaint alleged:jgc:chanrobles.com.ph

    "That on or about one of the last days of the month of March, 1913, in the municipality of Ilagan, Province of Isabela, P. I., the said Atanasio Claravall, Antonio Raymundo, Cosme Hermoso, and Roman Belo, did, willfully, unlawfully and criminally, after the first of the accused above-named had fractured and broken the latch of the closed and locked door of the room in which were kept the supplies and other property of the provincial government of Isabela, P. I., the three accused last above-named co-operating in the perpetration of the robbery by acts without which it would not have been performed, take possession of the following property of another’s ownership, kept within the said store-room and valued at P479.72, with intent of unlawful gain and without the will of its owner, the provincial government of Isabela, or of that of the district engineer under whose control and care it was, which property is as follows:chanrob1es virtual 1aw library

    3 axles. 9 plates, dinner, tin.

    16 adzes. 7 rakes, road.

    2 augers, large. 1 rake, extra heavy.

    6 bowls, porcelain. 1 saw, rip.

    13 buckets, G. I. 1 saw, set.

    1 block, single, steel. 2 square tray.

    2 blocks, single wooden. 7 stones, scythe.

    3 chisels, common. 2 spikes, hand.

    4 chisels, hot. 4 tickins bamboo.

    2 chisels, outer. 1 nail junning.

    1 caliper, outside. 2 rachet bits, assorted.

    1 caliper, inside. 3 bits, twist drill.

    6 punches, b. s., square. 2 canteens, 1 Army I. U. S.

    4 punches, b. s., round. 2 horses, drawing board.

    1 punch b. s., center. 1 tape, metallic, 50 feet.

    1 tape, steel, 30 meters. 10 bolts, 1/2 by 4 3/4 inches.

    21 bolts, 1 by 22 3/4 inches. 2 bolts, 1/2 by 5 1/ inches.

    4 bolts, 1 by 15 3/4 inches. 7 bolts, 1/2 by 5 3/8 inches.

    6 bolts, 3/4 by 16 inches. 198 washers, O. G., 3/4 by 3

    2 bolts, 3/4 by 9 3/4 inches.

    8 cups, porcelain. 5 washers, O. G., 5/8 by 3 3/8

    3 crowbars. inches.

    1 drill, t. s., 1. C11 centi 3 nutsheads 1 inch.

    meters 5 nutsheads 3/4 inch.

    1 drill, t. s., 1 27 centi 2 blocks, double steel.

    meters 3 window bars, braces.

    1 wooden fork. 2 cans valvoline oil.

    1 ferry traveler. 1 can varnish.

    1 hardie shank 1.91 inch. 2 linseed oil.

    2 hatchets, broad-plumb. 3 empty cans where paint

    3 lanterns dietz. is mixed.

    1 mast, wood. 1 shovel, round pointed.

    2 bolts, 3/4 by 10 1/2 inches. 1 shovel, square pointed.

    2 bolts, 1/2 by 8 inches. 1 pick.

    1 bots, 3/4 by 20 1/2 inches. 1 iron ring.

    1 bolts, 1/2 by 20 1/2 inches. 2 steel bars 3/4 by 15

    inches.

    10 bolts, 1/2 by 9 1/2 inches. 40 kilos assorted nails.

    "The acts above-mentioned were committed with violation of law."cralaw virtua1aw library

    Upon said complaint the defendants were duly arrested and brought before the court, and presented a demurrer alleging that the facts state in the complaint did not constitute a cause of action. Upon consideration, the demurrer was overruled. The defendants were then duly arraigned and pleaded not guilty. The cause was set down for trial and many witnesses were examined, both for the prosecution and for the defense.

    After hearing the evidence the court found that the evidence was insufficient to show that Roman Belo was guilty of the crime charged and dismissed the complaint against him and discharged him from the custody of the law, with one-fourth part of the costs de officio.

    After hearing the evidence adduced during the trial the cause with reference to the other defendants, the court a quo found that the same showed, beyond a reasonable doubt, that the defendants, Atanasio Claravall, Antonio Raymundo, and Cosme Hermoso, were guilty of the crime charged and sentenced each of them to be imprisoned in the manner prescribed by law for a period of 8 years and 1 day, and each to pay one-fourth part of the costs. From that sentence they each appealed to this court.

    Among the important assignments of error made by the appellants, it is alleged that the defendants and appellants are not guilty of the crime of robbery as charged in the complaint.

    From an examination of the record, we find that the following facts are proved, beyond a reasonable doubt:chanrob1es virtual 1aw library

    First. That sometime prior to the commencement of the present action, the defendant, Atanasio Claravall, had been the property clerk of the Bureau of Public Works, and that for reasons which the chief engineer believed to be detrimental to the service, he discharged him as such property clerk, but continued him as a clerk in his office.

    Second. That at the time of the commission of the crime described in the complaint, the defendant, Antonio Raymundo, was constructing a building or camarin upon the property belonging to the said Claravall.

    Third. That the defendant Cosme Hermoso was a servant of Antonio Raymundo and had charge of the cart and carabao belonging to him.

    Fourth. That on the morning of the 27th of March, 1913, Marcelo Francisco, a former employee of the district engineer of the Province of Isabela, who was constructing a bridge some distance from the town of Ilagan, went to the office of the district engineer for the purpose of obtaining or securing additional supplies, such as shovels, picks, rope, wheelbarrows, etc., to be used in the course of the construction of said bridge.

    Fifth. That when Marcelo Francisco arrived at the office of the said engineer, there was no one present who had the keys of the building or bodega in which such supplies, together with others such as are mentioned in the complaint above located; that the chief engineer and the clerk in charge of the property were on a tour of inspection in the Province of Isabela.

    Sixth. That Marcelo Francisco reported to Atanasio Claravall the fact that he was unable to enter the building or bodega for the purpose of securing supplies which he needed; that immediatedly the said Claravall secured a pick or piece iron and proceeded to break open the door of the building or bodega in which the supplies were kept or deposited.

    Seventh. That immediately after the door of the building or bodega had been broken open, as above described, by the defendant Claravall, Marcelo Francisco took therefrom the supplies which he needed and placed them upon two carts, drawn by two carabaos, and gave direction to have said supplies taken to the place where the bridge was in course of construction.

    Eighth. That after Marcelo Francisco had obtained the supplies in the manner above indicated, he returned to his house a short distance away from the said bodega to secure his horse. Within one-half hour after he had obtained the supplies above mentioned he passed by said building or bodega again and there saw the cart and carabao of the defendant Antonio Raymundo, and the defendants Claravall and Hermoso loading said cart with materials which they had taken out of said house or bodega.

    Ninth. Later, upon the return of the chief engineer and the property clerk, they discovered that a large amount of supplies had been removed from the house or bodega in which the government supplies had been stored; that an investigation was had and a search warrant was issued and the premises of Antonio Raymundo were searched and there was found on his premises much of the property which was identified as property which had been taken from the bodega and which belonged to the provincial government of the Province of Isabela.

    From the foregoing fact it seems clear that Atanasio Claravall, Antonio Raymundo, and Cosme Hermoso took a direct part, and each assisted the other, in the removal of the effects from the building or bodega belonging to the government and that they took possession of said property with the intention of profiting thereby. The fact that Claravall and Hermoso actually took merchandise from the bodega and hauled the same to the house of Raymundo, using the cart of the latter, clearly shows that they were acting together. It is not to be to supposed that Hermoso used the cart of Raymundo for the purpose of carrying property from the bodega to the house of the latter without his consent and knowledge. That fact, taken in relation with the other fact that the other members of the family of Raymundo and he each told a different story concerning how the effects taken from the bodega happened to be found in his house and yard, clearly shows his implication in the commission of the crime. Merchandise such as was taken from the bodega and found in the house and yard of Raymundo, in the quantities shown in the present case, did not arrive there by accident; neither would such quantities of merchandise be found in the house and yard without the members of the family having known something about its origin. The fact that Raymundo and his family tried to hide said merchandise had come into the possession of Raymundo rightly, there certainly would not have been any occasion to keep its existence there a secret by hiding it.

    In our opinion the defendant are guilty of the crime of larceny, beyond a reasonable doubt. In the case of Atanasio Claravall we think there existed the aggravating circumstance of abuse of confidence. He was an employee of the government. While it is true perhaps that he had been deprived of the right to act as property clerk, yet he had been continued as an employee of the government and for that reason owed a certain duty to the government in protecting its property and rights. In depriving the government of its property he violated the confidence which had been reposed in him as an employee of the government. Taking into consideration said aggravating circumstance, therefore, we are of the opinion that the penalty to be imposed on him should be two years eleven months and eleven days of prision correccional. There being neither aggravating nor mitigating circumstances with reference to the defendants Raymundo and Hermoso, we are of the opinion that they should be sentence to be imprisoned for a period of one year eight months and twenty-one days of prision correccional. Therefore, the sentence of the lower court is hereby modified, and it is hereby declared that the defendants are guilty of the crime of larceny and not robbery, and the said Atanasio Claravall should be and is be hereby sentenced to be imprisoned for a period of one year eight months and twenty-one days of prision correccional and each to pay one-fourth of the costs. So ordered.

    Arellano, C.J., Torres, and Araullo, JJ., concur.

    Separate Opinions


    Moreland, J., concurring and dissenting:chanrob1es virtual 1aw library

    I agree to the conviction of the accused but I dissent from that part of the judgment of the court which finds present and applies the aggravating circumstance of abuse of confidence with respect to Claravall.

    G.R. No. 10054  March 28, 1916 - UNITED STATES v. ATANASIO CLARAVALL<br /><br />034 Phil 441




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