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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. 11585   March 29, 1916 - PABLO PERLAS v. PEDRO CONCEPCION<br /><br />034 Phil 559

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 11585. March 29, 1916. ]

    PABLO PERLAS, Petitioner, v. PEDRO CONCEPCION, judge of First Instance of Laguna, Respondents.

    Vicente Foz for Petitioner.

    Judge Concepcion in his own behalf.

    SYLLABUS


    1. CERTIORARI; EXISTENCE OF OTHER REMEDY. — Certiorari will not lie to review the findings of fact of a trial court in a criminal action.

    2. ID.; WANT OF JURISDICTION. — Certiorari will not lie unless it appears that the court to which the writ is to be directed acted without or in excess of its jurisdiction. (Government of the Philippine Islands v. Judge of First Instance of Iloilo and Bantillo 34 Phil. Ren., 157; Napa v. Weissenhagen, 29 Phil. . Re., 180; De Fiesta v. Llorente and Manila Railroad Co., 25 Phil. Rep., 554)

    3. CRIMINAL LAW; JUDGMENT; ERRORS IN FINDINGS OF FACT. — An error committed by a trial court in its findings of fact in a criminal action does not deprive it of jurisdiction of the action or of authority to enter valid judgment and pronounce legal sentence therein.

    4. ID.; ID.; EXCESS OF AUTHORITY. — A Court of first Instance has no authority to include in a sentence imposed pursuant to a judgment convicting the accused of obstructing an irrigation canal a requirement that the accused replace the canal in the condition it was before he performed the acts complained of.

    5. CERTIORARI; CORRECTION OF JUDGMENTS. — So much of the penalty as requires the accused to perform affirmative acts, such as restoring the thing injured to its former condition, is beyond the power and authority of a Court of First Instance to impose and certiorari will lie to correct the error. (Carroll and Ballesteros v. Paredes, 17 Phil. . Rep., 94)


    D E C I S I O N


    MORELAND, J. :


    This is a petition to this court for a writ of certiorari directed to the Honorable Pedro Concepcion, judge of the Court of First Instance of Laguna, ordering him to send to this court the record in the case of United states v. Pablo Perlas for such proceedings and action thereon as the law requires.

    The petitioner here was the defendant in a criminal action brought for the purpose of punishing him under Act No. 2152. The information charged as follows:jgc:chanrobles.com.ph

    "That the said Pablo Perlas and Ambrosio Paz, on or about the 27th day of March, 1915, in the barrio of Balibago, municipality of Santa Rosa, Province of Laguna P. I., did willfully and unlawfully obstruct, destroy and other I., did willfully and unlawfully obstruct, destroy and otherwise injure the irrigation system in the said barrio, municipality and province, and did divert from its course the water belonging to the Government of the Philippine Islands and devoted to irrigation purposes of the Santa Rosa Estate, to the detriment of the persons entitled to the use thereof, all in open violation of sections 45 and 46 in connection with section 47 of Act No. 2152."cralaw virtua1aw library

    The court convicted the accused after due trial and sentenced him to pay a fine of P25 and to pay the costs. A rehearing was asked for by the prosecuting attorney and the justice’s court changed the sentence to P25 fine and the payment of one-half the costs and subsidiary imprisonment in case of nonpayment of the fine. The sentence as modified also required the accused, within fifteen days from the date of the sentence, to open the canal which he had closed and to put it in the same condition it was in before the unlawful acts were committed. The accused appealed to the Court of First Instance where he was again tried and convicted and sentenced to pay a fine of P130, to suffer subsidiary imprisonment in accordance with Act No. 1732, and, unless he should, at his own expense, open the canal and replace it in the condition in which it was prior to the acts complained of, he should pay the Government P150 and, in case of nonpayment of said sum, he should suffer subsidiary imprisonment as provided by Act No. 1732.

    The petitioner claims that the judgment of conviction was illegal and void for several reasons. In the first place, he asserts, the court found that the canal in question exited when as a matter of fact the evidence shows that it did not exist. In the second place, the court found that the canal in question belonged to the Government of the Philippine Islands, when, as a matter of fact, it did not. In the third place, the court erred in condemning the accused to pay to the Government P150 as an indemnity for his acts in closing the canal.

    None of these objections, with the exception of the last, even if well founded, are sufficient to support a petition for a writ of certiorari. They all relate to the appreciation by the trial court of the evidence in the case and have nothing to do with the jurisdiction of the court or its authority to pronounce a judgment of conviction in the case. Certiorari will not issue to a Court of First Instance in a proceeding of this character unless it appears that the court acted without or in excess of its jurisdiction. The determination of a question of fact on the trial of a criminal case does not affect the jurisdiction of the court even though the court errs in the finding. (Government of the Philippine Islands v. Judge of First Instance of Iloilo and Bantillo, page 157, ante; Napa v. Weissenhagen, 29 Phil. Rep., 180; De Fiesta v. Llorente and Manila Railroad Co., 25 Phil. . Rep., 554) For these reasons the court refuses to issue the writ on these grounds.

    There is one ground, however, on which the writ will issue to the extent of correcting the judgment of conviction. As we have seem, the trial court in its sentence required the accused to pay to the Government P150 damages unless he opened the canal and put it in the condition in which it was before. The court had the right to require the accused to indemnify the Government for a damage caused (U.S. v. Velasquez, 32 Phil. . Rep., 157); and to that extent the judgment was correct. But this court has held that a sentence in a criminal action should not be in the alternative and that the accused, as part of the criminal punishment, cannot be made to perform an affirmative act of the character required by the sentence in this case. (Carroll and Ballesteros v. Paredes, 17 Phil. . Rep., 94.) That portion of the sentence requiring the accused to open the canal is void.

    It is the doctrine of this court that certiorari and not habeas corpus is the proper remedy in criminal cases which present questions of this character, the accused not being imprisoned.

    The sentence of the Court of First Instance in the case of United States v. Pablo Perlas is modified by striking there-from the words "unless the accused at his own expense open the canal so closed by the accused an replace it in the condition in which it was." In all other respects the petition for a writ of certiorari is denied. So ordered.

    Araullo, J., concurs.

    Torres, J., concurs in all but in the penultimate paragraph.

    Johnson, and Trent, JJ., concur in the result.

    G.R. No. 11585   March 29, 1916 - PABLO PERLAS v. PEDRO CONCEPCION<br /><br />034 Phil 559




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