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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. 46024   May 25, 1939 - SOTERA ARAVEJO v. ALFONSO DORONILA<br /><br />068 Phil 210

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 46024. May 25, 1939.]

    SOTERA ARAVEJO ET AL., Plaintiffs-Appellants, v. ALFONSO DORONILA ET AL., Defendants-Appellees.

    Luis Salva Estrella for Appellants.

    Alfonso Doronila for Appellees.

    SYLLABUS


    1. PLEADING AND PRACTICE; DEMURRER TO A COMPLAINT ON THE GROUND THAT IT DOES NOT STATE FACTS SUFFICIENT TO CONSTITUTE A CAUSE OF ACTION; SECTION 107 OF ACT No. 496; PRESCRIPTION. — Section 107 of Act No. 496 provides that all actions brought thereunder for the recovery of damages and rights over registered property shall be begun within the period of six years from the time when the right to bring such action first accrued, and not afterwards. According to the very allegations of the complaint, the case for the registration of this land was heard in 1924, and it is inferred that it was adjudicated to A. D. in the same year after the trial. This being so, the action brought by the appellants on May 11, 1936 was after six years fixed by law within which the action could be brought. It is thus seen that, under the very allegations of the complaint, the plaintiffs are already without right to bring the present action.

    2. ID.; ID.; ID.; ID. — The inference that the land was adjudicated to A. D. in the same year 1924, after the trial of the case, seems conclusive in the light of the language of the complaint. But even is this were not 90, there being no express allegation that the action is brought within the six years, as provided by law, the complaint does not allege facts sufficient to constitute a cause of action. The period within which the action should be brought being a necessary condition required by law, it should be expressly alleged in the complaint.


    D E C I S I O N


    AVANCEÑA, C.J. :


    The plaintiffs appeal from the resolution of the trial court sustaining the demurrer interposed to the complaint in the ground that it does not allege facts sufficient to constitute a cause of action.

    The complaint substantially alleges: that the plaintiffs are the undivided owners of the land described in the complaint; that on September 23, 1919, one, Epifania Sitchon, on her own behalf and as attorney-in-fact of Catalina Sitchon, sold in a concealed and fraudulent manner the land in question to the defendant Alfonso Doronila; that on September 21, 1923, the said Epifania Sitchon, with Luisa Sitchon, sold the same land to Adolfo Doronila; that on November 5, 1923, Alfonso Doronila conveyed his rights and interest over this land to Adolfo Doronila; that, based upon this conveyance, Adolfo Doronila applied to the court for the registration of this land in his name on January 8, 1923; that in 1924, this registration case was heard and thereafter the land was adjudicated to Alfonso Doronila, it now being lot No. 1-PSWO-8143, covered by original certificate of title No. 21636; that the land is now in possession of Alfonso Doronila from the year 1930. Upon these allegations the plaintiffs ask that the defendants be ordered to pay them, by way of damages, the amount of fifty thousand pesos (P50,000), with legal interest thereon from the filing of the complaint.

    According to these allegations, the plaintiffs base their action to recover from the defendants the amount which they claim by way of damages, upon their having lost ownership of the land. The fact determinative of the loss of this ownership is; from what can be deduced from the complaint, the registration thereof in the name of the defendant Alfonso Doronila to whom the corresponding original certificate of title was issued.

    Section 107 of Act No. 496 provides that all actions brought thereunder for the recovery of damages and rights over registered property shall be begun within the period of six years from the time when the right to bring such action first accrued, and not afterwards. According to the very allegations of the complaint, the case for the registration of his land was heard in 1924, and it is inferred that it was adjudicated to Alfonso Doronila in the same year after the trial. This being so, the action brought by the appellants on May 11, 1936 was after six years fixed by law within which the action could be brought. It is thus seen that, under the very allegations of the complaint, the plaintiffs are already without right to bring the present action

    We have said that from the complaint it is inferred that the land was adjudicated to Adolfo Doronila in the same year 1924, after the trial of the case, because there is really no specification of the year when this adjudication was made, or of the year when the original certificate of title was issued. This inference, nevertheless, seems conclusive in the light of the language of the complaint. But even if this were not so, there being no express allegation that the action is brought within the six years, as provided by law, the complaint does not allege facts sufficient to constitute a cause of action. The period within which the action should be bought being a necessary condition, required by law, it should be expressly alleged in the complaint.

    In view of the foregoing, the appealed resolution is affirmed insofar as it sustains the demurrer interposed to the complaint and dismisses the case for failure to amend the complaint, with the costs to the appellants. So ordered.

    Villa-Real, Imperial, Diaz, Laurel and Moran, JJ., concur.

    G.R. No. 46024   May 25, 1939 - SOTERA ARAVEJO v. ALFONSO DORONILA<br /><br />068 Phil 210


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