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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. 27048   September 27, 1927 - SILVESTRA BARON v. ANSELMO SAMPANG<br /><br />050 Phil 756

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 27048. September 27, 1927.]

    SILVESTRA BARON, Plaintiff-Appellee, v. ANSELMO SAMPANG, Defendant-Appellant.

    Adolfo A. Scheerer for Appellant.

    Camus, Delgado & Recto for Appellee.

    SYLLABUS


    1. WHEN THIS COURT WILL NOT REVERSE THE DECISION OF THE LOWER COURT. — Where the defendant filed a motion in the lower court to set aside a default judgment and to have the case tried on the merits, it devolved upon him as a condition precedent to both allege and prove that he had a meritorious defense, and where that court denied the motion for the want of such a showing, this court will not reverse the decision of the lower court where it does not appear that there was an abuse of legal discretion.

    STATEMENT

    Plaintiff alleges that she is the registered owner of a certain parcel of land evidenced by certificate of title No. 4995 in the Province of Tarlac. That on June 28, 1922, she leased it to the defendant for six years at an agreed rental of P800 per annum, to be paid annually during the months of April and May of each year. It further provided that during the life of the lease, the defendant had the option to purchase the land upon the payment of P12,000. It is then alleged that the defendant has failed to pay the stipulated rental, and frequent demands therefor have been made and payment refused. That by reason of the actions and conduct of the defendant, the plaintiff has been damaged in the further sum of P1,200, and plaintiff prays for the rescission of the contract, the delivery of the land to the plaintiff, and judgment for rental at P800 per annum until possession is delivered, and for the sum of P1,200 as damages.

    Summons was issued and the defendant was duly served and required to appear and answer the complaint within twenty days. For failure to appear within the time specified, the defendant was declared in default, and later evidence was taken on the part of the plaintiff, and judgment was rendered against the defendant for the amount of annual rental for four years from June 28, 1922, with interest at 12 per cent per annum, cancelling the lease, and requiring the defendant to surrender possession to the plaintiff. After the default was entered and two days before the judgment was rendered, the defendant served a copy of his answer consisting of a general and specific denial, and alleging as a special defense that he had paid the stipulated rental up to the 30th of May, 1925. That the latter part of May, 1926, he offered the plaintiff the rental for the agricultural years of 1925-1926, and the further sum of P10,000 as the purchase price of the land described in the complaint "desiring to make use of the right of option to purchase which was reserved to him in Exhibit A of the plaintiff, but the plaintiff without any cause refused to accept the rental or the amount of the price tendered." As a counterclaim, he also alleges that he is ready and willing to pay the plaintiff the rental for the agricultural years 1925-1926, plus the sum of P10,000 as the agreed price of the land, for which he prays a corresponding judgment. The answer was not verified.

    The defendant also filed a motion praying that the decision be set aside, and that he be granted leave to file the answer and defend on the merits. The lower court denied this motion upon the ground that it "is not supported by any affidavit of merit to justify not only the re-opening of the case, but also the fact that said defendant has really a just and valid defense which, if proven, might change the result of the case." On October 26, 1926, the defendant filed a motion for a reconsideration which was denied by the court on November 1, 1926. On November 2, 1926, the defendant filed his personal affidavit asking for a further reconsideration, in which the grounds for the motion were fully stated, to which were attached the affidavits of Jose Gutierrez David, Atanacio M. Baluyot and that of the defendant. The purpose of the verified motion and the attached affidavits was to show to the court that the defendant had a meritorious defense. After an exhaustive hearing the lower court again denied defendant’s motion to set aside the judgment. The defendant appeals and contends that the lower court erred in approving the alleged irregular and illegal procedure in which the hearing of this case was held, and in finding that the defendant has failed to pay the rental in question for a period of four years, and in rendering the decision in this case, and abused its discretion in denying defendant’s motion to set aside the default, and to relieve the defendant, and in denying his motion for a new trial.


    D E C I S I O N


    JOHNS, J.:


    The granting or the refusal of a motion to set aside a default judgment and a motion for a new trial is a matter largely in the discretion of the trial court. In the instant case, had the trial court sustained the defendant’s motion, it would not have been reversible error, and, for the same reason, it is not reversible error to deny the motion. The complaint is founded upon a written instrument, the execution of which is admitted. For the alleged failure of the defendant to pay the stipulated rental, the plaintiff brought this action to recover judgment for the amount of the rental, cancellation of the lease, and the possession of the property. In his motion for a new trial the defendant has not shown any receipt for the payment of the rental or any evidence from which the court could find as a fact that the rental has been paid. A judgment having been rendered against the defendant by default, to set it aside and order a trial on the merits, it devolved upon the defendant to both allege and prove that he had a meritorious defense. Upon that question the lower court found that the defendant had not made such a showing, and we cannot say, as a matter of law, that there was an abuse of discretion.

    The judgment of the lower court is affirmed, with costs. So ordered.

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

    G.R. No. 27048   September 27, 1927 - SILVESTRA BARON v. ANSELMO SAMPANG<br /><br />050 Phil 756


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