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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. 11148  March 1, 1916 - LIM BUN SU v. INSULAR COLLECTOR OF CUSTOMS<br /><br />034 Phil 62

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 11148. March 1, 1916. ]

    LIM BUN SU, Petitioner-Appellant, v. THE INSULAR COLLECTOR OF CUSTOMS, Respondent-Appellee.

    Beaumont & Tenny for Appellant.

    Attorney-General Avancena for Appellee.

    SYLLABUS


    ALIEN CHINESE; HABEAS CORPUS; SECOND APPEAL ON SAME GROUNDS. — Held: Under the facts stated in the opinion, that the writ of habeas corpus should be denied and the appellant deported.


    D E C I S I O N


    JOHNSON, J. :


    This was a petition for the writ of habeas corpus, presented in the Court of First Instance of the city of Manila on the 23d of June, 1915. The petition alleged that the plaintiff arrived at the port of Manila on the steamship Loongsang on the 23d of June, 1913, and asked permission to enter the Philippine Islands as the minor son of a resident Chinese merchant. To the petition the Attorney-General made due return. In his return he alleged that the Insular Collector of Customs was detaining the plaintiff for deportation by virtue of an order of the Honorable James A. Ostrand, of April 1, 1914.

    Upon the issue thus presented, the Honorable James A. Ostrand, judge, on the 10th of July, 1915, denied the petition for the writ of habeas corpus, at the cost of the petitioner, Lim Bun Su, and ordered that he be remanded to the custody of the Insular Collector of Customs for deportation. From that order the plaintiff appealed to the Supreme Court. The record was received in the Supreme Court on the 15th of July, 1915, and the cause was finally submitted to the Supreme Court for decision on the 12th of January, 1916.

    From the record brought to this court, the following facts appear:chanrob1es virtual 1aw library

    That the petitioner arrived at the port of Manila on the 23d of June, 1913, and asked permission to enter the territory of the Philippine Islands as the legitimate minor son of a resident Chinese merchant; that the question of his right to enter the Philippine Islands was submitted to the board of special inquiry, which board, after hearing the evidence which the plaintiff presented, reached the conclusion that he was not the minor son of a resident Chinese merchant and denied to him the right to enter the Philippine Islands; that an appeal was taken to the Insular Collector of Customs, the Hon. H. B. McCoy, who, after an examination of the evidence presented to the board of special inquiry, affirmed the same and ordered the plaintiff herein deported on the next sailing vessel of the steamship company that brought him to the Philippine Islands, or some other vessel of the same line. The decision of the Insular Collector of Customs was made on the 4th of August, 1913.

    On the 6th of August, 1913, the plaintiff presented a petition for the writ of habeas corpus in the Court of First Instance of the city of Manila. To said petition the Honorable H. B. McCoy, Insular Collector of Customs, made due return, which return contained a brief statement of the facts above related together with the further statement that the department of customs had in no way abused the power and discretion conferred upon it, and asked that the petition for the writ of habeas corpus be denied.

    Upon the issue presented by the petition and answer, the cause was submitted to the court. After hearing the respective parties, the Honorable A. S. Crossfield denied said petition for the writ of habeas corpus upon the ground that the record failed to show that there had been any abuse of discretion or authority on the part of the department of customs.

    From that decision as appeal was taken to the Supreme Court, on the 14th of April, 1914. The record was received in the Supreme Court on the 18th of May, 1914. The cause was finally submitted to the Supreme Court on the 16th of October, 1914, and the decision in this case was promulgated upon the 4th of March, 1915 [not published]. The Supreme Court, after a consideration of the issues presented, affirmed the judgment of Judge Crossfield and ordered the record returned to the lower court with direction that the plaintiff be deported. The record was received in the lower court two days thereafter.

    Notwithstanding the foregoing decision, the plaintiff, on the 23d of June, 1915, presented another petition in the Court of First Instance for the writ of habeas corpus, alleging substantially the same grounds therefor which had been set up on his behalf in the petition of the 6th of August, 1913, above-mentioned.

    To the said second petition the Attorney-General made due return and as a part of his return set out an order of the Honorable James A. Ostrand, dated the 23d of June, 1915, in which he, by authority of an order of April 1, 1914, ordered the plaintiff committed to the custody of the Insular Collector of Customs for deportation from the Philippine Islands.

    Upon the issue thus presented and after hearing the respective parties, the Honorable James A. Ostrand, on the 10th of July, 1915, denied the petition for the writ of habeas corpus and ordered the plaintiff remanded to the custody of the Insular Collector of Customs, for deportation. The petition was denied upon the ground that there was no evidence before the court showing any abuse of discretion on the part of the administrative officials, and such errors of law as there may have been, do not appear to have been substantial.

    From that decision the plaintiff appealed to the Supreme Court. The record was received in the Supreme Court on the 15th of July, 1915. After several delays on the part of the appellant and at least two motions to have his appeal dismissed for his failure to prosecute the same, the cause was finally submitted to this court on the 12th of January, 1916.

    After a careful consideration of the question presented by the appellant, we find that all of the questions have been heretofore discussed and decided in decision heretofore announced, the decision in each case being against the contention of the Appellant. We find no valuable no valuable purpose in restating the arguments upon said questions.

    For the foregoing reasons the judgment of the lower court ordering the plaintiff deported is hereby affirmed with costs, and it is hereby ordered and decreed that the record be returned to the lower court, with direction that a judgment be entered affirming the judgment of deportation heretofore entered, and that after the lapse of ten days thereafter the plaintiff shall be returned to the custody of the Insular Collector of Customs and deported upon the first available transportation, with costs against the plaintiff. So ordered.

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

    Separate Opinions


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

    I think the judgment should be affirmed in so far as it denies the application for the writ. Neither that court nor this ought to make an order of deportation.

    G.R. No. 11148  March 1, 1916 - LIM BUN SU v. INSULAR COLLECTOR OF CUSTOMS<br /><br />034 Phil 62




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