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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
 

   
September-1927 Jurisprudence                 

  • G.R. No. 27484 September 1, 1927 - ANGEL LORENZO v. DIRECTOR OF HEALTH

    050 Phil 595

  • G.R. No. 26957 September 2, 1927 - PEOPLE OF THE PHIL. v. SIMEON YUSAY

    050 Phil 598

  • G.R. No. 26360 September 7, 1927 - PEOPLE OF THE PHIL. v. ERIBERTO CALLE

    050 Phil 616

  • G.R. No. 27234 September 7, 1927 - ROMAN CATHOLIC BISHOP OF NUEVA SEGOVIA v. COLLECTOR OF INTERNAL REVENUE

    050 Phil 618

  • G.R. No. 26659 September 9, 1927 - GOVERNMENT OF THE PHIL. v. JOAQUIN SERNA

    050 Phil 624

  • G.R. No. 26672 September 9, 1927 - PROCESO ECHARRI v. FELICIANO GOMEZ

    050 Phil 629

  • G.R. No. 27054 September 9, 1927 - MACARIA SOLIS v. CHUA PUA HERMANOS

    050 Phil 636

  • G.R. Nos. 26853-26855 September 10, 1927 - PEOPLE OF THE PHIL. v. HIPOLITO UNDIANA

    050 Phil 641

  • G.R. No. 27143 September 10, 1927 - QUINTILLANA SAMSON v. MANUEL CARRATALA

    050 Phil 647

  • G.R. No. 27178 September 10, 1927 - TIMOTEO UNSON v. SMITH, BELL & CO.

    050 Phil 654

  • G.R. No. 27213 September 10, 1927 - PEOPLE OF THE PHIL. v. LINO S. TAN

    050 Phil 660

  • G.R. No. 27449 September 10, 1927 - CHUA PUA HERMANOS v. REGISTER OF DEEDS OF BATANGAS

    050 Phil 670

  • G.R. Nos. 26598 & 26599 September 17, 1927 - SIA SIMEON VELEZ v. RAMON CHAVES

    050 Phil 676

  • G.R. No. 26671 September 17, 1927 - MUNICIPALITY OF ORION v. F. B. CONCHA

    050 Phil 679

  • G.R. No. 27209 September 17, 1927 - ANDRES M. GABRIEL v. PROVINCIAL BOARD OF PAMPANGA

    050 Phil 686

  • G.R. No. 27020 September 19, 1927 - ASIA BANKING CORPORATION v. M. J. MCCUENE

    050 Phil 694

  • G.R. No. 27498 September 20, 1927 - IN RE: JOSEFA TONGCO v. ANASTACIA VIANZON

    050 Phil 698

  • G.R. No. 28320 September 20, 1927 - RUFO SAN JUAN v. PERFECTO ABORDO

    050 Phil 703

  • G.R. No. 26849 September 21, 1927 - GOVERNMENT OF THE PHIL. v. MARTINO TOMBIS TRIÑO

    050 Phil 708

  • G.R. No. 26771 September 23, 1927 - RUPERTO SANTOS v. PUBLIC SERVICE COMMISSION

    050 Phil 720

  • G.R. No. 27180 September 24, 1927 - TEODORO DE CASTRO v. MARINO OLONDRIZ

    050 Phil 725

  • G.R. No. 26538 September 27, 1927 - PEOPLE OF THE PHIL. v. FLORENTINO SORIANO

    050 Phil 735

  • G.R. No. 26844 September 27, 1927 - ISABEL FLORES v. TRINIDAD LIM

    050 Phil 738

  • G.R. No. 26941 September 27, 1927 - JUAN ARQUIZA LUTA v. MUNICIPALITY OF ZAMBOANGA

    050 Phil 748

  • G.R. No. 27048 September 27, 1927 - SILVESTRA BARON v. ANSELMO SAMPANG

    050 Phil 756

  • G.R. No. 27552 September 27, 1927 - MANILA MERCANTILE Co. v. MARIANO FLORES

    050 Phil 759

  • G.R. No. 28117 September 27, 1927 - LORENZA SUÑGA v. FRANCISCO TINGIN

    050 Phil 766

  • G.R. No. 27110 September 28, 1927 - PEOPLE OF THE PHIL. v. GUILLERMO MIANA

    050 Phil 771

  • G.R. No. 27120 September 28, 1927 - JUANA AGAPITO v. CANDIDO MOLO

    050 Phil 779

  • G.R. No. 26708 September 29, 1927 - PEOPLE OF THE PHIL. v. ALEJO RESABAL

    050 Phil 780

  • G.R. No. 27483 September 29, 1927 - ENCARNACION RAMOS v. JUSTO DUEÑO

    050 Phil 786

  • G.R. No. 27895 September 30, 1927 - CLEMENTE REYES v. PABLO BORBON

    050 Phil 791

  • G.R. No. 27040 September 29, 1927 - PEOPLE OF THE PHIL. v. FAUSTINO GARALDE

    052 Phil 1000

  •  





     
     

    G.R. No. 26538   September 27, 1927 - PEOPLE OF THE PHIL. v. FLORENTINO SORIANO<br /><br />050 Phil 735

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 26538. September 27, 1927.]

    THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. FLORENTINO SORIANO, Defendant-Appellant.

    Vicente Sotto for Appellant.

    Attorney-General Jaranilla for Appellee.

    SYLLABUS


    1. CRIMINAL LAW AND PROCEDURE; IMPOSITION OF DEATH PENALTY; ACT No. 3104 CONSTRUED AND APPLIED. — The authoritative decision of this court in the case of Fuentes v. Director of Prisons ([1924], 46 Phil., 22) construing the provisions of Act No. 3104 relating to the imposition of the death penalty, is confirmed and followed.

    2. ID., ID.; ID. — When the case at bar was submitted and considered, eight members of the court were present, the Chief Justice being absent on vacation. When the judgment was promulgated, it was signed by the eight members participating but not by the Chief Justice who, however, had returned to duty a few days prior thereto. On these facts, it is held that the judgment thus rendered was valid. However, so as to do complete justice to the appellant who is under sentence to the capital penalty, the court held his motion until all nine members of the court, including the Chief Justice, were present to consider it. As a result, the motion for a further hearing is unanimously denied.


    D E C I S I O N


    PER CURIAM:


    A motion presented within the fifteen-day period following promulgation of judgment by the attorney for the accused and appellant, Florentino Soriano, prays the court" (a) To suspend temporarily the execution of the sentence rendered in this case, until this Tribunal meets again this coming July and the present motion is decided; and (b) to grant him a new trial in order that the parties may argue orally the points at issue and the Chief Justice Avanceña may take part in the consideration and decision of this case." Subsequently in an order made by the Associate Justice Acting in Vacation the execution of the sentence was suspended as requested in the petition (a).The court, therefore, has now before it the considerations relating to the basis of the motion as disclosed in the petition (b).

    The record discloses that the case, The People of the Philippine Islands, plaintiff and appellee, v. Florentino Soriano, defendant and appellant, No. 26538, was submitted to the court in the February calendar of 1927. Sometime thereafter, the case was given this serious consideration which it deserved by all the members, with the exception of the Chief Justice who was absent on vacation. A judgment was promulgated on March 30, 1927, in a decision headed "Per Curiam" and signed by Associate Justices E. Finley Johnson, Thos. A. Street, Geo. A. Malcolm, Ignacio Villamor, James A. Ostrand, Charles A. Johns, Norberto Romualdez, and Antonio Villa-Real, with the note appended "Chief Justice Avanceña was absent on vacation and did not take part in the consideration or decision of this case.’’ 1 The judgment rendered affirmed that of the trial court sentencing the accused to the death penalty. It is now argued by counsel that error was committed inasmuch as the Chief Justice ended his vacation on March 24,1927, prior to the promulgation of the judgment; that he was not legally disqualified; that he was a dissenting Justice in one of the cases cited in the decision; and that "consequently the fact that Chief Justice Avanceña has not signed the judgment imposing death penalty to the accused-appellant, he not being legally disqualified to do so, is a clear violation of Act No. 3104, and, therefore, such judgment is null and void." We find no merit in this argument.

    Act No. 3104, which is relied upon, was once before given attention on the petition for habeas corpus filed by the same attorney who represents the accused and appellant at bar, in the case of Fuentes v. Director of Prisons ([1924], 46 Phil., 22). It was there held by this court, speaking through Mr. Justice Ostrand, that the provisions of subsection 2 of section 1 of Act No. 3104 to the effect that a sentence imposing the death penalty shall be signed by all of the members of the court, must be construed to mean all of the members of the court at the time the case is heard and decided. The body of the decision is even clearer for there it is said: "In order to give validity to the provision in question we must therefore presume that in speaking of the Supreme Court the Legislature means the court as actually constituted at the time of the consideration of each particular case to which subsection 2, supra, may apply." Here it must be admitted, for such is the fact, that the Chief Justice was not present for duty at the time of the consideration of this case and at the time it was decided by the court, and that he merely happened to return to duty after the decision had been agreed upon but before the date when the judgment was formally rendered. Inasmuch as an unsuccessful attempt was made to secure a writ of certiorari from the United States Supreme Court to review our decision in Fuentes v. Director of Prisons, supra, the rule there announced must now be considered as authoritative and as such, when given application here, discloses an entirely valid judgment.

    Notwithstanding what has been said, so as to do complete justice to the appellant who is under sentence to the capital penalty, we have deemed it desirable to hold his motion until all nine members of the court, including the Chief Justice, were present to consider it. The latter has read the motion, the briefs, and the record, and as a result has announced his vote as in favor of a denial of the motion and of an affirmance of the judgment rendered in the trial court.

    For all the foregoing, the motion presented on behalf of the accused-appellant, Florentino Soriano, in this case is denied, and fifteen days after the publication of this supplemental decision, the record will be returned to the Court of First Instance of Pampanga for the execution of the sentence on a date to be determined by the Judge of the Court of First Instance of that province. So ordered.

    Avanceña, C.J., Johnson, Street, Malcolm, Villamor, Ostrand, Johns, Romualdez, and Villa-Real, JJ., concur.

    Endnotes:



    1. P. 203, ante.

    G.R. No. 26538   September 27, 1927 - PEOPLE OF THE PHIL. v. FLORENTINO SORIANO<br /><br />050 Phil 735


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