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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. 11274   March 29, 1916 - RAFAELA DALMACIO v. ALBERTO BARRETTO<br /><br />034 Phil 554

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 11274. March 29, 1916. ]

    RAFAELA DALMACIO, Petitioner, v. ALBERTO BARRETTO, THE DIRECTOR OF LANDS, and THE SHERIFF OF THE PROVINCE OF RIZAL, Respondents.

    Ramon Manalac and Eugenio Testa for Petitioner.

    Attorney-General Avanceña for Respondents.

    SYLLABUS


    1. EJECTMENT; FRIAR LANDS ESTATES; ANOTHER ACTION PENDING. — During the pendency of the action brought by the petitioner Rafaela Dalmacio in the Court of First Instance of Rizal against the Director of Lands to determine whether or not she has been occupying as lessee from the time of the former sovereignty, the judge of the Court of First Instance of Rizal could not, in justice and strict right, in case No. 6563, formerly of the Court of Land Registration and now pending in this court, decree the dispossession and ejectment of said petitioner and her caretakers from their possession of the land of which the petitioner was and is now the lessee and which as such, she may have a right to purchase from the Government in accordance with law and in preference to any other prospective purchaser, for the petitioner is unquestionably entitled to be secured in her possession of said two parcels of land until the action pending against said Director of Lands, relative to her said right of preference and the identity of the land she has been occupying as lessee be finally decided.

    2. ID.; ID.; ID. — The Court of First Instance, on petition of the Director of Lands and in spite of the pendency of said suit, in decreeing the ejectment of the petitioner from said two parcels occupied by her as lessee, has unquestionably exceeded his jurisdiction and authority, for, if the petitioner should be ejected from the land she hold under lease, it would be a prejudgment of the question at issue and on the final determination of said suit against the Director of Lands, because the enforcement of the decree of ejectment would determine that the petitioner has absolutely no right to be preferred in the purchase of the land she occupies, and that would be a violation of the law that protects her rights as such lessee for many years.


    D E C I S I O N


    TORRES, J. :


    On October 15, 1915, counsel for Rafaela Dalmacio commenced these certiorari proceedings, praying that a judgment be rendered declaring the order of ejectment decreed by the judge of the Court of First Instance of Rizal to be null and void, without prejudice to an order being issued to the sheriff of said province directing him to refrain from ejecting the petitioner and her caretaker, Eugenio Testa, from the parcels of land she was occupying as lessee. Petitioner further prayed that said court be directed to furnish a transcript of the evidence adduced in the proceedings aforementioned. In connection with this petition counsel alleged that since the time of the previous sovereignty plaintiff had been a lessee of certain parcels of land situated on the Tala hacienda in the municipality of Caloocan, formerly owned by the friars; that this fact was recorded in the Bureau of Lands in 1905, on account of plaintiff’s being entitled to the benefits conferred by Act No. 1120 of the Philippine Commission; that the numbers 859 and 861 had been assigned to the parcels of land she was leasing. Petitioner further stated that on being advised to sign the contract of sale of said lots Nos. 859 and 861 to her, she petitioned the Bureau of Lands to order the two lots she was occupying to be identified; that as a result thereof it was ascertained that said lots were situated in different places and were other than the parcels occupied and leased by petitioner; that notwithstanding this the Director of Lands insisted on selling to petitioner the lots Nos. 859 and 861, which were formerly uncultivated lands; she refused to buy them; but that the Director of Lands, arbitrarily, by himself and on his own responsibility, cancelled her contract of lease, notwithstanding her protest, wherefore she was obliged to bring an action against said Director of Lands in the Court of First Instance of Rizal, to validate her right of preference to acquire the lands she was actually occupying, which action had not yet been heard; that at this stage of the proceedings the Director of Lands in case No. 6563, brought in the Court of Land Registration and now pending in the court of the Province of Rizal, sought to secure the ejectment of the caretaker and tenants-on-shares of the plaintiff from the lands she was occupying as lessee; that said petition was granted by the court in open extralimitation of its powers, for plaintiff did not deny, but actually recognized the Government’s ownership of said estate and of the parts thereof which she held under lease, notwithstanding all of which her motion for a rehearing was denied.

    The Attorney-General, in answer to the aforementioned complaint, alleges that it does not set forth facts sufficient to warrant the issuance of a writ of certiorari; that in order that the Supreme Court may review proceedings by writ of certiorari, it must be proven that the lower court acted in excess of its jurisdiction and that there is no appeal nor any other easy, speedy and adequate remedy available; that if, as alleged, the Director of Lands obtained from the Court of Land Registration, in case No. 6563, title to said hacienda, of which the lots occupied by the petitioner form a part, it is unquestionable that under section 3 Act No. 1680 he is entitled to a writ of possession for said estate and the lots occupied by petitioner, and that it is immaterial whether or not she is to be ejected, because the Court of First Instance has a right to order that the Director of Lands, against whom the petitioner has brought these proceedings now pending be placed in possession of said parcels.

    In his brief counsel for the plaintiff maintained that no appeal lies from an order of ejectment issued in land registration proceedings and therefor the easiest and most expeditious remedy is that of certiorari; that , in accordance with section 17 [section 3] of Act No. 1680, the Court of First Instance, at the request of the Director of Lands, may issue a writ of possession against the objector who refuses to comply with an order of the Land Court issued in a final judgment, which provision, however, was not applicable to petitioner, who could not be deprived of the possession of the lands leased by her, except by due process of law. In a supplementary brief the Attorney-General alleged that, a motion having been filed to determine whether or not the Director of Lands was entitled to a writ of possession in said proceedings in the Court of Land Registration, the lower court denied the said motion and no appeal from this ruling having been taken by the plaintiff it had therefore become res judicata. But petitioner alleged that the order dictated by the Court of First Instance of Rizal in case No. 1256 is merely interlocutory and discretional; that consequently it is not appealable, and cannot become final until the litigation has been decided on the merits.

    While the proceedings brought by the plaintiff Rafaela Dalmacio in the Court of First Instance of Rizal against the Director of Lands to determine whether or not she has a preferred right to acquire by purchase the two lots of land she has been occupying as lessee were pending, the said court could not, in justice and strict right in case No. 6563, heard by the Court of Land Registration and now pending before him, order the ejectment of the plaintiff and her caretaker from the two parcels leased by her, for, as such lessee, she may have a preferential right over any other person to purchase them from the Government.

    Unless, the plaintiff should fail to comply with the conditions prescribed by the laws governing this matter, she has an indisputable right to be secured in her possession of the two parcels of land she occupies until such time as her action now pending against the Director of Lands, relative to the said right of preference and the identity of the land she has been occupying as lessee, has been finally determined.

    When, on petition of the Director of Lands and notwithstanding that the proceedings aforementioned were pending, the court decreed the dispossession and ejectment of the plaintiff, in order that she vacate and leave free the two parcels of land she has been occupying as lessee, it unquestionably exceeded its jurisdiction, for, it, if the ejectment of the plaintiff were carried into effect and she were thus prevented from continuing in her possession of the two parcels of land she holds under lease, it would be a prejudgment of the suit pending against the Director of Lands, because the decree of ejectment, in violation of the law that protects plaintiff’s rights as such lessee, determines that she has absolutely no right to preference in the purchase of the land she occupies.

    For the foregoing reasons, the order dictated by the Court of First Instance of Rizal on December 22, 1914, is held to be null, void and of no value or effect, in so far as it decrees that the plaintiff Rafaela Dalmacio be ejected from the two injunction issued by this court is hereby made final until the action prosecuted by the plaintiff to secure the right of preference is finally decided. So ordered.

    Johnson, Trent and Araullo, JJ., concur.

    Separate Opinions


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

    I agree that, in view of all the circumstances disclosed by the record, the trial judge exceeded his jurisdiction, and that the writ of certiorari prayed for should issue.

    G.R. No. 11274   March 29, 1916 - RAFAELA DALMACIO v. ALBERTO BARRETTO<br /><br />034 Phil 554




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