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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
 

 
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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. 44802   November 16, 1938 - FRANCISCO SABAS v. FRANCISCO GARMA, ET AL. <br /><br />066 Phil 471

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 44802. November 16, 1938.]

    FRANCISCO SABAS, Plaintiff-Appellant, v. FRANCISCO GARMA, ET AL., Defendants-Appellees.

    Vicente J. Francisco and Monico Beltran, for Appellant.

    Ramon V. Villaflor, for Appellees.

    SYLLABUS


    1. MORTGAGE OF LAND APPLIED FOR A HOMESTEAD; NULLITY OF INSTRUMENT. — An instrument, constituting a mortgage on a parcel of land for which an application for the issuance of a homestead or free patent had been filed and approved, prior to the expiration of the period of five years fixed by law from and after the issuance of the homestead or free patent, is null and void ab initio, and the notation thereof upon the original certificate of Torrens title issued to the applicant does not give validity to said mortgage, on the ground that it would subject said land to the satisfaction of an obligation contracted prior to the expiration of the above-stated period of five years.


    D E C I S I O N


    VILLA-REAL, J.:


    The plaintiff, Francisco Sabas, appeals to this court from the judgment of the Court of First Instance of Cagayan, the dispositive part of which reads as follows:jgc:chanrobles.com.ph

    "For all the foregoing, the court declares the foreclosure of the mortgage claimed by the plaintiff to be untenable, but orders the defendant Francisco Garma to pay to said plaintiff the sum of P2,099.03 plus the costs of the suit. The defendants Victorio, Juliana, Uldarico, Aurora, Juana, Damiana and Victoria, all surnamed Garma, and the defendant Pascual de Guzman, are absolved from the complaint."cralaw virtua1aw library

    In support of his appeal, the appellant assigns six alleged errors as having been committed by the court a quo in its judgment in question, which will be discussed in the course of this decision.

    The pertinent facts necessary for the determination of the question of law raised by the appellant in this appeal, which are stated in the appealed judgment, are as follows:jgc:chanrobles.com.ph

    "The evidence presented during the trial of this case shows that since the year 1920 the plaintiff Francisco Sabas and the defendant Francisco Garma, together with his deceased wife Tarcila Vilaray, have had between them various loan transactions involving money, the latter spouses being the debtors and Francisco Sabas the creditor. On November 10, 1930, a liquidation was made by them, as a result of which the spouses Francisco Garma the Tarcila Vilaray appeared to be indebted in the sum of P2,187.53. For this reason said spouses, on the same date, executed an instrument of mortgage in which they promise to pay the sum in question on or before August 30, 1933 (Exhibit A). The land given as security by the spouses Garma and Vilaray was acquired by them as homestead, whose patent was issued by the register of deeds only on October 5, 1932 (Exhibit B). The defendant Garma and his deceased wife have failed to pay said loan of P2,187.53, although they were able to deliver to the plaintiff two lost of tobacco as payment on account of the loan in question. The first lot, which consisted of 10 bales of tobacco valued at P50, was received by the plaintiff on September 18, 1931 (Exhibit 2), and the second lot, which consisted of 11 bales valued at P38,50, was received by the plaintiff in the year 1932. These two lots of tobacco, the total value of which amounts to P88.50, should be deducted from the mortgage credit claimed by the plaintiff."

    "The evidence does not establish the defendant Garma’s allegation that he signed the instrument Exhibit A through force and intimidation."

    "It does not appear from the evidence that the children of the deceased Tarcila Vilaray have inherited something from their deceased mother. Therefore, they cannot be compelled to pay for the mortgage credit claimed by the plaintiff.

    "With respect to the mortgage constituted by the defendant Francisco Garma in favor of the other defendant Pascual de Guzman, the evidence shows that Garma obtained a loan of P1,500 from De Guzman, for which reason he executed, on June 12, 1933, an instrument of mortgage on the same land mortgaged to the plaintiff Francisco Sabas, which mortgage was registered in the office of the register of deed on June 26, 1933 (Exhibits 2-Guzman and 3-Guzman)."cralaw virtua1aw library

    The principal question to be decided is that raised in the first assignment of alleged error, consisting in whether or not the lower court erred in declaring null and void from its execution the mortgage constituted by Francisco Garma and his wife Tarcila Vilaray in favor of the plaintiff-appellant Francisco Sabas.

    The legal provisions pertinent to the case are those contained in sections 116 and 122 of Act No. 2874, the former section as amended by section 23 of Act No. 3517, both of which read as follows:jgc:chanrobles.com.ph

    "SEC. 116. Except in favor of the Government or any of its branches, units, or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of live years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations."cralaw virtua1aw library

    "SEC. 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred and nineteen, one hundred and twenty, and one hundred and twenty-one of this Act shall be unlawful and null and void from its execution and shall produce and effect of annulling and cancelling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government."cralaw virtua1aw library

    According to the above-quoted legal provisions, lands acquired under free patent or homestead cannot be encumbered or alienated from the date of the approval of the application and for a term of five years from and after the date of the issuance of the patent or grant, nor are they liable to the satisfaction of any debt contracted prior to the expiration of said period, except in favor of the Government or any of its branches, units, or institutions. Only the improvements introduced thereon and the crops produced on the same may be mortgaged or pledged to qualified persons, associations, or corporations. Any contract encumbering said lands made or executed within the above-stated period of time, shall be unlawful and null and void from its execution.

    That part of the contract entered into between the plaintiff- appellant Francisco Sabas and the defendants-appellees Francisco Garma and Tarcila Vilaray, whereby the latter, on November 10, 1930, constituted a mortgage on a parcel of land which had been applied for by them as homestead, the patent of which had been issued by the Governor-General on September 14, 1926, and the corresponding original certificate of title issued by the register of deeds of Cagayan on October 18th of said year (Exhibit A), to secure the payment of an obligation resulting from a liquidation of accounts made on November 10, 1930, was null and void ab initio on the ground that it was executed within the period of five years from and after the date of the issuance of the homestead patent or grant. The fact that said instrument of mortgage was registered in the office of the register of deeds of Cagayan on October 5, 1932 (Exhibit B), after the expiration of the above-stated period of five years, did not and could not give said mortgage the legal effect of encumbering said land because, if it were to produce such effect, it would subject the same to the satisfaction of an obligation contracted prior to the expiration of said period of five years, which is not permitted by the above-quoted section 116 of Act No. 2374, as amended by section 23 of Act No. 3517.

    Having arrived at this conclusion, it becomes unnecessary to pass upon the remaining assignments of alleged error.

    For the foregoing considerations, this court is of the opinion and so holds that an instrument, constituting a mortgage on a parcel of land for which an application for the issuance of a homestead or free patent has been filed and approved, prior to the expiration of the period of five years fixed by law from and after the issuance of the homestead or free patent, is null and void ab initio, and the notation thereof upon the original certificate of Torrens title issued to the applicant does not give validity to said mortgage, on the ground that it would subject said land to the satisfaction of an obligation contracted prior to the expiration of the above-stated period of five years.

    Wherefore, and although upon a different ground, the appealed judgment is affirmed, with the costs to the appellant. So ordered.

    Avanceña, C.J., Abad Santos, Imperial, Diaz and Laurel, JJ., concur.

    G.R. No. 44802   November 16, 1938 - FRANCISCO SABAS v. FRANCISCO GARMA, ET AL. <br /><br />066 Phil 471


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