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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
 

   
May-1939 Jurisprudence                 

  • G.R. No. 45383 May 2, 1939 - MARIA V. SERAPIO v. MARIANO SERAPIO, ET AL.

    067 Phil 701

  • G.R. No. 45502 May 2, 1939 - SAPOLIN CO., INC. v. CORNELIO BALMACEDA

    067 Phil 705

  • G.R. No. 45915 May 2, 1939 - ESCOLASTICO BUENAVENTURA v. GERINO Z. LAYLAY

    067 Phil 717

  • G.R. No. 45486 May 3, 1939 - TIBURCIO SUMERA v. EUGENIO VALENCIA

    067 Phil 721

  • G.R. No. 45322 May 4, 1939 - WALTER BULL v. REDO L. YATCO

    067 Phil 728

  • G.R. No. 45524 May 4, 1939 - MUNICIPALITY OF VICTORIAS v. VICTORIAS MILLING CO., INC.

    067 Phil 733

  • G.R. No. 45969 May 4, 1939 - TAN TIAH v. Yu JOSE

    067 Phil 739

  • G.R. No. 45122 May 5, 1939 - VISAYAN SURETY & INSURANCE CORPORATION v. FRUCTUOSA TABARES

    067 Phil 743

  • G.R. No. 45496 May 5, 1939 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. EL MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA

    068 Phil 1

  • G.R. No. 45662 May 5, 1939 - JUAN GOROSTIAGA v. MANUELA SARTE

    068 Phil 4

  • G.R. No. 45889 May 5, 1939 - CRISPINO ENRIQUEZ v. PEOPLE OF THE PHIL.

    068 Phil 8

  • G.R. No. 45987 May 5, 1939 - PEOPLE OF THE PHIL. v. CAYAT

    068 Phil 12

  • G.R. No. 46405 May 6, 1939 - RAYMUNDO TRANS. CO., INC. v. PUBLIC SERVICE COMMISSION

    068 Phil 22

  • G.R. No. 45667 May 9, 1939 - HARRY IVES SHOEMAKER v. TONDEÑA

    068 Phil 24

  • G.R. No. 45696 May 9, 1939 - GIL BUENDIA v. VICENTE SOTTO

    068 Phil 31

  • G.R. No. 45865 May 10, 1939 - PEOPLE OF THE PHIL. v. TI YEK JUAT

    068 Phil 37

  • G.R. No. 45993 May 11, 1939 - GERONIMO SANTIAGO v. FABIAN R. MILLAR

    068 Phil 39

  • G.R. No. 45318 May 12, 1939 - JACINTO MESINA v. PETRA DELINO

    068 Phil 43

  • G.R. No. 45427 May 12, 1939 - PHIL. NATIONAL BANK v. PHIL. TRUST CO.

    068 Phil 48

  • G.R. No. 45433 May 12, 1939 - ROSARIO GONZALEZ CASTRO VIUDA DE AZAOLA v. GASTON O’FARRELL

    068 Phil 74

  • G.R. No. 45648 May 12, 1939 - DIRECTOR OF LANDS v. ANICETO ABA

    068 Phil 85

  • G.R. Nos. 46119-46121 May 12, 1939 - PEOPLE OF THE PHIL. v. IGNACIO BELTRAN

    068 Phil 90

  • G.R. No. 46584 May 13, 1939 - MARIANO MARCOS v. ROMAN A. CRUZ

    068 Phil 96

  • G.R. No. 45616 May 16, 1939 - FELICIANO SANCHEZ v. FRANCISCO ZULUETA

    068 Phil 110

  • G.R. No. 45543 May 17, 1939 - SURIGAO MINE EXPLORATION CO. v. C. HARRIS

    068 Phil 113

  • G.R. No. 46432 May 17, 1939 - PEOPLE OF THE PHIL. v. TEODORICO MARTIN

    068 Phil 122

  • G.R. No. 45924 May 18, 1939 - CELESTINO RODRIGUEZ v. EUGENIO YAP

    068 Phil 126

  • G.R. No. 45160 May 23, 1939 - JOSE GREY v. SERAFIN FABIE

    068 Phil 128

  • G.R. Nos. 45705-45707 May 23, 1939 - TEODORA DOMINGO v. MARGARITA DAVID

    068 Phil 134

  • G.R. No. 45842 May 23, 1939 - MARCARET STEWART MITCHELL MCMASTER v. HENRY REISSMANN & CO.

    068 Phil 142

  • G.R. No. 46177 May 23, 1939 - PEOPLE OF THE PHIL. v. MELCHOR TAGASA

    068 Phil 147

  • G.R. No. 46437 May 23, 1939 - EUFEMIO P. TESORO v. DIRECTOR OF PRISONS

    068 Phil 154

  • G.R. No. 45213 May 24, 1939 - H. P. L. JOLLYE v. EMETERIO BARCELON

    068 Phil 164

  • G.R. No. 45486 May 24, 1939 - ASIATIC PETROLEUM CO. v. JOSEFA VALENCIA VIUDA DE MOLINA

    068 Phil 172

  • G.R. No. 45218 May 26, 1939 - CONSUELO CEMBRANO v. CARMEN PARDO DE TAVERA DE GONZALEZ

    068 Phil 175

  • G.R. No. 45446 May 25, 1939 - C. N. HODGES v. PEOPLE OF THE PHIL.

    068 Phil 178

  • G.R. No. 45530 May 25, 1939 - CHINA INSURANCE v. Y. CHONG

    068 Phil 189

  • G.R. No. 45615 May 25, 1939 - TEOFILO SINCO v. SILVESTRA TEVES

    068 Phil 200

  • G.R. No. 46000 May 25, 1939 - PEOPLE OF THE PHIL. v. JOSE M. BAES

    068 Phil 203

  • G.R. No. 46024 May 25, 1939 - SOTERA ARAVEJO v. ALFONSO DORONILA

    068 Phil 210

  • G.R. No. 46078 May 25, 1939 - GREGORIA REYNOSO v. JOSE E. TOLENTINO

    068 Phil 213

  • G.R. No. 45189 May 26, 1939 - PHIL. SUGAR ESTATE DEV’T. CO., INC. v. JUAN POSADAS

    068 Phil 216

  • G.R. No. 45264 May 26, 1939 - JOSEFA CASTELLTORT v. BALBINA PASION

    068 Phil 224

  • G.R. No. 45736 May 26, 1939 - CONCEPCION LOPEZ v. ADELA LOPEZ

    068 Phil 227

  • G.R. No. 46100 May 26, 1939 - ALFREDO HIDALGO RIZAL v. JOSEFA RIZAL MERCADO

    068 Phil 231

  • G.R. No. 43585 May 27, 1939 - RIZALINA DE LA ROSA v. MAXIMIANA EDRALIN

    068 Phil 234

  • G.R. No. 45307 May 27, 1939 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. COLLECTOR OF INTERNAL REVENUE

    068 Phil 238

  • G.R. No. 45324 May 27, 1939 - GOVERNMENT OF THE PHIL. v. FRANCISCO ABADINAS

    068 Phil 254

  • G.R. No. 45374 May 27, 1939 - MANUEL RODRIGUES v. DANIEL TIRONA

    068 Phil 264

  • G.R. No. 45608 May 27, 1939 - JESUS AZCONA v. PACIFIC COMMERCIAL CO.

    068 Phil 269

  • G.R. No. 46248 May 27, 1939 - TIMOTEO TAROMA v. ROMAN A. CRUZ

    068 Phil 281

  • G.R. No. 45350 May 29, 1939 - BACHBACH MOTOR CO. v. ESTEBAN ICARAÑGAL

    068 Phil 287

  • G.R. No. 45121 May 31, 1939 - DEMETRIO GAMBOA v. SERAFIN GAMBOA

    068 Phil 304

  •  





     
     

    G.R. No. 45915   May 2, 1939 - ESCOLASTICO BUENAVENTURA v. GERINO Z. LAYLAY<br /><br />067 Phil 717

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 45915. May 2, 1939.]

    ESCOLASTICO BUENAVENTURA, Plaintiff-Appellant, v. GERINO LAYLAY ZORRILLA, Defendant-Appellee.

    Escolastico Buenaventura in his own behalf.

    Hilado, Lorenzo & Hilado for Appellee.

    SYLLABUS


    1. JURISDICTION; ANNULMENT OF FORMER JUDGMENT; MOTION FOR NEW TRIAL FILED WITHIN STATUTORY PERIOD; PRESUMPTION AS TO DATE OF NOTICE — The only question for resolution is whether the trial court still had jurisdiction when it for the first time set aside the judgment rendered on November 25, 1936. The question should be answered affirmatively in view of the facts and of what appears in the record. It will be recalled that the motion for new trial filed by the defendant wad dated December 19 1936 and was docketed on the 26th of the same month November 25, 1935 by its order on January 8, 1936. It does not appear when the defendant was notified of the judgment of November 25th, but it is to be supposed that the motion for new trial was presented within thirty days filed by law when the court assumed jurisdiction and granted it over the objection interposed by the plaintiff. There being no showing to the contrary in the bill of exceptions or in any part of the record, it cannot be presumed that the defendant was duly notified of the judgment of November 25, 1935 on the same date, particularly in view of the fact that he was residing in the municipality of Dipolog, Province of Zamboanga.


    D E C I S I O N


    IMPERIAL, J.:


    The plaintiff commenced the action in the Court of First Instance of Manila to recover damages from the defendant in the sum of P2,500. The defendant’s answer denied all the material allegations of the complaint. On November 26, 1935, in the absence of the defendant who had been duly notified, the case was heard and after the presentation of the plaintiff’s evidence, the court rendered judgment ordering the defendant to pay to the plaintiff the sum of P1,200 by way of damages, deducting therefrom P140 which had already been paid, plus P80 as fees credited to said defendant; with legal interest on the amount of P980 from the filing of the complaint until fully paid, and the costs. On December 26, 1935 the defendant filed a motion for new trial dated the 19th of said month alleging that the decision thus rendered is not supported by the evidence and is contrary to law, and that his inability to appear for trial was due to the fact that days before said trial he had prepared a motion asking for the postponement thereof, but the said motion did not arrive on time because the ship which was to take it had been delayed. After considering it, the court by its order of January 8, 1936, set aside its judgment and reset the case for trial. The defendant secured the postponement of the trial. On February 26, 1936, the plaintiff filed a motion excepting to the order setting aside the judgment and reopening the case. The defendant filed an amended answer wherein he set up a special defense and a counterclaim against the plaintiff for the sum of P1,500. The plaintiff opposed the admission of the amended answer, but the court admitted it by an order dated April 8, 1936. On April 23, 1936, the plaintiff excepted to the order admitting the amended answer and at the same time asked, in a motion which he presented to that effect, that the court set aside the order reopening the case and enforce the judgment formerly rendered, alleging as ground thereof that the court had lost jurisdiction to revoke the judgment and to reopen the case. The defendant objected to this prayer of the plaintiff, and the court, by order of May 2, 1936, denied the said petition. On March 1, 1937, the court dismissed the case. The plaintiff moved-for a reconsideration of the order of dismissal. By another order of March 20, 1937, the court set aside the order of dismissal and reset the case for trial on the 30th of the same month. On April 27, 1937 the court denied the verbal motion of the defendant of March 20th of the same year asking for the dismissal of the case. On May 20, 1937, the plaintiff filed another motion asking that the court give effect to the judgment of November 25, 1935. This motion was denied by the court by its order of June 5, 1937. The plaintiff again moved for a new trial of the order denying his motion of May 20th. Finally the court, by its order of July 27, 1937, dismissed the case upon petition of the attorney for the defendant, for failure of the plaintiff to appear at the last trial. The plaintiff excepted to this last order and asked for a new trial, and after his motion for this purpose was denied, he noted his exception and filed the amended bill of exceptions which was approved.

    The plaintiff addresses eleven errors to the various orders issued by the court, but the only question for resolution is whether the court still had jurisdiction when it for the first time set aside the .judgment rendered on November 25, 1935. The question should be answered affirmatively in view of the facts and of what appears in the record. It will be recalled that the motion for new trial filed by the defendant was dated December 19, 1935 and was docketed on the 26th of the same month. The court granted the same and set aside the judgment of November 25, 1935 by its order of January 8, 1936. It does not appear when the defendant was notified of the judgment of November 25th, but it is to be supposed that the motion for new trial was presented within thirty days fixed by law when the court assumed jurisdiction and granted it over the objection interposed by the plaintiff. There being no showing to the contrary in the bill of exceptions or in any part of the record. it cannot be presumed that the defendant was duly notified of the judgment of November 25, 1935 on the same date, particularly in view of the fact that he was residing in the municipality of Dipolog, Province of Zamboanga.

    As the court had jurisdiction to continue hearing the case, there is no basis for the plaintiff’s contention that all the proceedings had until then should be deemed terminated and that the court should put in force and execute the judgment which it promulgated on November 25, 1935.

    Overruling all the errors assigned, we affirm all the appealed orders excepted to, principally that which dismissed the case for the last time, with the costs of this instance to the plaintiff-appellant. So ordered.

    Avanceña, C.J., Villa-Real, Diaz, Laurel and Moran, JJ., concur.

    G.R. No. 45915   May 2, 1939 - ESCOLASTICO BUENAVENTURA v. GERINO Z. LAYLAY<br /><br />067 Phil 717


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