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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
 

   
November-1939 Jurisprudence                 

  • G.R. No. 44260 November 2, 1938 - MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA v. MARIA PAZ MARCIANA GUIDOTE, ET AL.

    066 Phil 432

  • G.R. No. 46375 November 2, 1938 - GERONIMO SANTIAGO v. HERMENEGILDO ATIENZA, ET AL.

    066 Phil 436

  • G.R. No. 44372 November 3, 1938 - BENITO GARCIA v. COLLECTOR OF INTERNAL REVENUE

    066 Phil 441

  • G.R. No. 44493 November 3, 1938 - MARIANO ANGELES v. ELENA SAMIA

    066 Phil 444

  • G.R. No. 46270 November 3, 1938 - PEOPLE OF THE PHIL. v. CARLOS L. DE LA PEÑA

    066 Phil 451

  • G.R. No. 46085 November 4, 1938 - BULACAN BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 454

  • G.R. No. 44552 November 7, 1938 - ONG LIONG TIAK v. LUNETA MOTOR COMPANY, ET AL.

    066 Phil 459

  • G.R. No. 44634 November 9, 1938 - BALTAZAR ALUNEN, ET AL. v. TILAN

    066 Phil 463

  • G.R. No. 44778 November 9, 1938 - PROVINCE OF TAYABAS v. SIMEON PEREZ, ET AL.

    066 Phil 467

  • G.R. No. 44802 November 16, 1938 - FRANCISCO SABAS v. FRANCISCO GARMA, ET AL.

    066 Phil 471

  • G.R. No. 44843 November 17, 1938 - CARLOS YOUNG v. FRANCISCO M. BLANCO

    066 Phil 475

  • G.R. No. 44911 November 21, 1938 - ALEJANDRO IBARRA v. SEGUNDO AGUSTIN

    066 Phil 481

  • G.R. No. 44257 November 22, 1938 - GOVERNMENT OF THE PHIL. v. HONGKONG & SHANGHAI BANKING CORPORATION, ET AL.

    066 Phil 483

  • G.R. No. 45792 November 22, 1938 - SWAN, CULBERTSON & FRITZ v. SECURITIES AND EXCHANGE COMMISSION, ET AL.

    066 Phil 525

  • G.R. No. 45046 November 23, 1938 - PEOPLES BANK & TRUST CO. v. MANUEL OLONDRIZ, ET AL.

    066 Phil 537

  • G.R. No. 44518 November 23, 1938 - PEOPLE OF THE PHIL. v. YU GUICOC LAM

    066 Phil 542

  • G.R. No. 44837 November 23, 1938 - SOCORRO LEDESMA, ET AL. v. CONCHITA MCLACHLIN, ET AL.

    066 Phil 547

  • G.R. No. 44974 November 23, 1938 - W.S. PRICE v. CEFERINO YBANES, ET AL.

    066 Phil 552

  • G.R. No. 45028 November 25, 1938 - MAXIMO ABARY, ET AL. v. FIDELINO AGAWIN

    066 Phil 558

  • G.R. No. 44671 November 26, 1938 - MACONDRAY & CO., INC. v. ANTONIO E. RUIZ, ET AL.

    066 Phil 562

  • G.R. No. 44774 November 26, 1938 - FIDELITY AND SURETY CO. OF THE PHIL. v. ANGEL A. ANSALDO, ET AL.

    066 Phil 566

  • G.R. No. 44834 November 26, 1938 - LA PREVISORA FILIPINA v. FELIX Z. LEDDA

    066 Phil 573

  • G.R. No. 44947 November 26, 1938 - ANTONIO LABRADOR, ET AL. v. EMILIANO DE LOS SANTOS, ET AL.

    066 Phil 579

  • G.R. No. 45040 November 26, 1938 - PHILIPPINE NATIONAL BANK v. JULIO TUGAB

    066 Phil 583

  • G.R. No. 45105 November 26, 1938 - MACONDRAY & CO., INC. v. MACARIO JOSE

    066 Phil 590

  • G.R. No. 44602 November 28, 1938 - MARIA CALMA v. ESPERANZA TAÑEDO, ET AL.

    066 Phil 594

  • G.R. No. 44606 November 28, 1938 - VICENTE STO. DOMINGO BERNARDO v. CATALINO BATACLAN

    066 Phil 598

  • G.R. No. 44683 November 28, 1938 - JOAQUIN NAVARRO v. FERNANDO AGUILA, ET AL.

    066 Phil 604

  • G.R. No. 45070 November 28, 1938 - CHIN GUAN v. COMPAÑIA MARITIMA

    066 Phil 608

  • G.R. No. 45260 November 28, 1938 - BARBARA ECHAVARRIA v. ROMAN SARMIENTO, ET AL.

    066 Phil 611

  • G.R. No. 46267 November 28, 1938 - FRANCISCO ZANDUETA v. SIXTO DE LA COSTA

    066 Phil 615

  • G.R. No. 44931 November 29, 1938 - FELIX BILANG v. ERLANGER & GALINGER, INC.

    066 Phil 627

  • G.R. No. 45169 November 29, 1938 - MANILA ELECTRIC COMPANY v. PASAY TRANSPORTATION COMPANY

    066 Phil 630

  • G.R. No. 45344 November 29, 1938 - PEOPLE OF THE PHIL. v. VICENTE P. ANCHETA, ET AL.

    066 Phil 638

  • G.R. No. 46040 November 29, 1938 - PAMPANGA BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 645

  • G.R. No. 46133 November 29, 1938 - PLACIDO ROSAL v. DIONISIO FORONDA, ET AL.

    066 Phil 650

  • G.R. No. 46174 November 29, 1938 - PAMPANGA BUS COMPANY, INC. v. FERNANDO ENRIQUEZ

    066 Phil 654

  • G.R. No. 46262 November 29, 1938 - CINE LIGAYA v. ALEJO LABRADOR, ET AL.

    066 Phil 659

  •  





     
     

    G.R. No. 44778   November 9, 1938 - PROVINCE OF TAYABAS v. SIMEON PEREZ, ET AL. <br /><br />066 Phil 467

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 44778. November 9, 1938.]

    THE PROVINCE OF TAYABAS, Plaintiff-Appellant, v. SIMEON PEREZ, ET AL., Defendants-Appellees.

    Provincial Fiscal Valdes y Nieto of Tayabas, for Appellant.

    Marcelino Lontok, for appellee Oppus.

    No appearance, for other appellees.

    SYLLABUS


    1. EMINENT DOMAIN; JUST COMPENSATION IS THE MONEY EQUIVALENT OF THE LOSS SUFFERED BY THE OWNER OF THE THING EXPROPRIATED. — The fundamental rule in expropriation matters is that the owner of the property expropriated is entitled to a just compensation, which should be neither more nor less, whenever it is possible to make the assessment, than the money equivalent of said property. Just compensation has always been understood to be the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation (Manila Railroad Co. v. Velasquez, 32 Phil., 286).

    2. ID.; ID.; ID.; COLLECTION OF THE EXPENSES FOR THE TRANSFER AND RECONSTRUCTION OF BUILDINGS. — It is unjust to compel the appellant to defray the expenses incurred in the transfer and reconstruction of the expropriated houses in another place by the owners thereof, who, strictly speaking, already cease to be so from the time they are paid the price thereof. To do so would mean double compensation, or in other words, it would be equivalent to giving the appellees, for their expropriated houses, more than the money value thereof. The appellees have no right to collect at the same time the just prices of their houses and the cost of their transfer and reconstruction in another place. At most, they are entitled to either one or the other, and nothing more.


    D E C I S I O N


    DIAZ, J.:


    Among the various property owners against whom the plaintiff filed its complaint for expropriation in the Court of First Instance of Tayabas, were Florentino San Gil, who died in the course of the trial and was substituted by Josefa R. Oppus, Jose Cabrera, Josefa Villareal de Meric, Hilarion Castor, Rafaela Martinez, Enrica Malubag and Bernardino Maaño. After it had been proven that the plaintiff had a perfect right to the expropriation sought by it, the lower court rendered judgment granting it said expropriation and ordering it to pay to the above-named defendants, by way of indemnity, the following sums:chanrob1es virtual 1aw library

    (1) To Josefa R. Oppus, for her building known as "Esperanza Hotel", P1,500, the value thereof, plus P700 for its removal and reconstruction in a different place;

    (2) to Jose Cabrera, for his house, P800, the value thereof, plus P200 for expenses of removing and reconstructing it in a different place;

    (3) To Josefa Villareal de Meric, for her house, P400, the value of his expropriated house, plus P25 for expenses of removing and reconstructing it in another place;

    (4) To Hilarion Castor, P40, the value of his expropriated house, plus P25 for expenses of removing and reconstructing it in another place;

    (5) To Rafaela Martinez, P20, the value of her house, plus P10 for expenses of removing and reconstructing it in another place;

    (6) To Enrica Malubag, P100, the value of her house, plus P50, also removing and reconstructing it in another place;

    (7) To Bernardino Maaño, P25, the value of his house, plus P20 for its removal and reconstruction in another place.

    Not satisfied with the judgment rendered as above-stated, the plaintiff appealed therefrom, raising, by means of its sole assignment of alleged error, the question whether or not the above-named defendants, in addition to recovering the price of their respective houses, are entitled to the additional compensation granted them in said judgment, for the transfer and reconstruction of said houses in other places.

    The fundamental rule in expropriation matters is that the owner of the property expropriated is entitled to a just compensation, which should be neither more nor less, whenever it is possible to make the assessment, than the money equivalent of said property. Just compensation has always been understood to be the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation (Manila Railroad Co. v. Velasquez, 32 Phil., 286).

    Now then, it appears from reading the decision of the lower court that, to arrive at the conclusion reached by it, said court has taken into consideration the recommendation of the commissioners on assessment who, to arrive in turn at the conclusion reached by them, not only relied upon the evidence presented to them but also inspected each and every one of the houses expropriated in order to know in detail their respective conditions and extent of conservation. It was by basing their opinion upon their knowledge of the facts obtained as above-stated, that they decided that the expropriated houses of the appellees had, at the time of the expropriation, such values as those stated in their report, which are the same ones fixed by the lower court in its judgment, to wit:chanrob1es virtual 1aw library

    The house "Esperanza Hotel" of Josefa R. Oppus, P1,500;

    The house of Jose Cabrera, P800;

    The house of Josefa Villareal de Meric, P400;

    The house of Hilarion Castor, P40;

    The house of Rafaela Martinez, P20;

    The house of Enrica Malubag, P100; and

    The house of Bernardino Maaño, P25.

    The foregoing sums were considered as the prices of the appellees’ houses purchased by the appellant, and like in any other case of purchase, the purchaser, that is, the appellant, may well be said to have acquired the expropriated houses. The truth, however, is that it was not the intention of the appellant to acquire them in order to become the owner thereof, but in order to have them removed from the expropriated place, because they did not and do not answer the purpose for which the expropriation case was instituted. Instead of keeping the houses or all or part of the materials employed in their construction, it waives that right and allows the owners thereof to take them to another place. After considering the question from this angle, it appears clearly unjust to compel the appellant to defray the expenses incurred in their transfer and reconstruction in another place by the owners of said houses, who, strictly speaking, already cease to be so from the time they are paid the price thereof. To do so would mean double compensation, or in other words, it would be equivalent to giving the appellees, for their expropriated houses, more than the money value thereof. The appellees have no right to collect at the same time the just prices of their houses and the cost of their transfer and reconstruction in another place. At most, they are entitled to either one or the other, and nothing more.

    For the foregoing considerations, the judgment appealed from is modified, by eliminating therefrom that part granting the appellees the right to collect from the appellant the expenses for the transfer and reconstruction of their respective houses, and it is affirmed in all other respects, without special pronouncement as to costs. So ordered.

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

    G.R. No. 44778   November 9, 1938 - PROVINCE OF TAYABAS v. SIMEON PEREZ, ET AL. <br /><br />066 Phil 467


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