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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. 45105   November 26, 1938 - MACONDRAY & CO., INC. v. MACARIO JOSE<br /><br />066 Phil 590

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 45105. November 26, 1938.]

    MACONDRAY & CO., INC., Plaintiff-Appellant, v. MACARIO JOSE, Defendant-Appellee.

    Jose Agbulos, for Appellant.

    Zosimo Rivas, for Appellee.

    SYLLABUS


    1. PREFERENCE OF CREDITS; ATTORNEY’S LIEN; RES JUDICATA. — The plaintiff contends that this court has definitely decided in its resolution of May 13, 1935 that its right to the balance of the judgment has preference over the lien of Attorney R on the costs. We believe that this contention is well-founded. It will be recalled that Attorney R not only filed notice of his lien but petitioned this court to order the plaintiff to pay him the costs. In this petition, at the same time a notice, he alleged that his right was based upon section 37 of the Code of Civil Procedure and that he knew that the plaintiff was the creditor of the defendant for the balance of the judgment which it had obtained and not fully executed. Consequently the question of preference between his lien and the right of the plaintiff to the costs was raised. Between what has been decided and the present incident wherein the order of May 13, 1935 is invoked there exists perfect identity of parties, things or subject matter and causes of action (article 1252, Civil Code; Ocampo v. Jenkins and Worcester, 14 Phil., 681; Donato v. Mendoza, 25 Phil., 57; Roman Catholic Archbishop of Manila v. Director of Lands, 35 Phil., 339; Chua Tan v. Del Rosario, 57 Phil., 411). On the other hand, this court had jurisdiction to determine who was entitled to the costs for it awarded the same to the defendant. Hence, the preference of the lien invoked by Attorney R is already res judicata; and it having been decided that said preference does not exists, the trial court erred in issuing the appealed order.

    2. ID.; ID.; ID. — Under section 37 of the Code of Civil Procedure, the lien of the attorney on the documents and funds of his client which are found in his possession and on the judgment and decree which he has secured in favor of his client takes legal effect only from and after, but not before, notice of said lien has been entered in the record and served on the adverse party (Menzi & Co., v. Bastida, 35 Off. Gaz., 773). Inasmuch as the judgment was obtained by the plaintiff against the defendant long before the lien of Attorney R which came into being only on May 8, 1935, the former has preference over the latter (article 1924 of the Civil Code).


    D E C I S I O N


    IMPERIAL, J.:


    The plaintiff instituted in the Court of First Instance of Manila civil case No. 44533 against the defendant for the recovery of certain sums of money. Incidentally the plaintiff asked that, upon the previous filing of a bond, it be given possession of two refrigerators mortgaged to it by the defendant. The trial court granted said petition, but the defendant, having filed a bond through the Luzon Surety Co., Inc., retained possession of the refrigerators. In said case the defendant was ordered to pay the plaintiff the following sums: P216.14 with 12 per cent annual interest thereon from March 21, 1933; P425 with interest thereon at the same rate from February 12, 1933; P87.40 as attorney’s fees, and P69.04 as costs. The decision thus rendered having become final, the defendant delivered the two refrigerators to the plaintiff, were sold by the sheriff at public auction and awarded to the former for the sum of P125. After deducting this sum from the amount of the judgment the defendant was still indebted to the plaintiff in the amount of P717.02. The defendant became insolvent, and to recover the balance of the judgment in its favor, the plaintiff petitioned for execution of the same against the surety, Luzon Surety Co., Inc. The trial court granted said petition but the defendant appealed from the order granting the same to this court. In case G. R. No. 42380 (April 29, 1935), the appeal interposed by the defendant, this court reversed the appealed order and sentenced the plaintiff to pay the costs. The costs taxed against the plaintiff amounted to P105. Before the case was remanded to the court or origin, counsel for the defendant, Zosimo Rivas, filed notice of his lien against his client, the defendant, and asked that the plaintiff be ordered to pay him the costs to which it was sentenced. This court denied said petition in its resolution of May 13, 1935.

    After the case had been remanded to the trial court Attorney Rivas filed a motion praying that his lien on the costs be declared preferred and that a writ of execution be issued against the plaintiff for said amount. The trial court granted ex parte said motion and ordered the issuance of the writ of execution. Upon being notified of said order the plaintiff filed a motion praying that the same be set aside and that its right to be balance of the judgment be declared preferred and superior to the lien of Attorney Rivas, inasmuch as it was entitled to set-off the costs against the balance of the judgment still owing from the defendant. After hearing the parties, the trial court, in its order of December 20, 1935 denied the motion of the plaintiff and declared the lien of the attorney superior and preferred to the right invoked by the plaintiff. The latter appealed.

    1. In its first assignment of error the plaintiff contends that this court has definitely decided in its resolution of May 13, 1935 that its right to the balance of the judgment has preference over the lien of Attorney Rivas on the costs. We believe that this contention is well-founded. It will be recalled that Attorney Rivas not only filed notice of his lien but petitioned this court to order the plaintiff to pay him the costs. In his petition, at the same time a notice, he alleged that his right was based upon section 37 of the Code of Civil Procedure and that he knew that the plaintiff was the creditor of the defendant for the balance of the judgment which it has obtained and not fully executed. Consequently the question of preference between his lien and the right of the plaintiff to the costs was raised. Between what has been decided and the present incident wherein the order of May 13, 1935 is invoked there exists perfect identity of parties, things or subject matter and causes of action (art. 1252, Civil Code; Ocampo v. Jenkins and Worcester, 14 Phil., 681; Donato v. Mendoza, 25 Phil., 57; Roman Catholic Archbishop of Manila v. Director of Lands, 35 Phil., 339; Chua Tan v. Del Rosario, 57 Phil., 411). On the other hand, this court had jurisdiction to the determine who was entitled to the costs for it awarded the same to the defendant. Hence, the preference of the lien invoked by Attorney Rivas is already re judicata; and it having been decided that said preference does not exist, the trial court erred in issuing the appealed order.

    2. The plaintiff contends in his second and last assignment of error that assuming that the question of preference has not been decided in the resolution of May 13, 1935 and is not res judicata, the trial court, nevertheless, should have held that his right to the balance of the judgment is superior and preferred to the lien of Attorney Rivas. Considering the facts of the case we believe that this theory of the plaintiff is in accordance with law. Section 37 of the Code of Civil Procedure reads as follows:jgc:chanrobles.com.ph

    "SEC. 37. Lawyer’s liens. — A lawyer shall have a lien upon all the funds and papers and documents of his client which may lawfully have come into his possession, and may retain the same until his lawful fees and disbursements due to him from his client have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments and decrees for the payment of money, and executions issued in pursuance of such judgments and decrees which he has secured in a litigation of his client, form the after, but not before, the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment or decree, or issuing such execution, and shall have caused written notice thereof to be delivered to the adverse party, and shall have the same right and power over such judgments, decrees, and executions to enforce his lien as his client had or may have to the extent that may be necessary for the payment of his just fees and disbursements."cralaw virtua1aw library

    According to said section, the lien of the attorney on the documents and funds of his client which are found in his possession and on the judgment and decree which he has secured in favor of his client takes legal effect only from and after, but not before, notice of said lien has been entered in the record and served on the adverse party (Menzi & Co. v. Bastida, 35 Off. Gaz., 773). Inasmuch as the judgment was obtained by the plaintiff against the defendant long before the lien of Attorney Rivas, which came into being only on May 8, 1935, the former has preference over the latter (article 1924 of the Civil Code).

    In view of the foregoing considerations, the appealed order is hereby reversed and it is held that Attorney Zosimo Rivas is not entitled to the writ of execution applied for and issued, and that the plaintiff may set-off the costs to which it was sentenced against its credit, consisting in the balance of the judgment obtained by it against the defendant, with the costs of this instance against the defendant-appellee. So ordered.

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

    G.R. No. 45105   November 26, 1938 - MACONDRAY & CO., INC. v. MACARIO JOSE<br /><br />066 Phil 590


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