ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
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)
 

 
Chan Robles Virtual Law Library
 









 

 
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. 44931   November 29, 1938 - FELIX BILANG v. ERLANGER & GALINGER, INC. <br /><br />066 Phil 627

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 44931. November 29, 1938.]

    FELIX BILANG, Plaintiff-Appellant, v. ERLANGER & GALINGER, INC., Defendant-Appellee.

    Sancho Inocencio, for Appellant.

    Barrera & Reyes and Deogracias T. Reyes, for Appellee.

    SYLLABUS


    1. CONTRACTS; INTERPRETATION OF CONTRACTS OF SERVICES; BONUS. — When the terms of a contract are clear and do not leave room for doubt as to the intention of the contracting parties, it is not necessary to interpret the same, and the literal meaning of its clauses should be followed. The contract in question is sufficiently clear. It does not entitle appellant to the payment of any bonus inasmuch as at the time when, according to the agreement, he should be paid what would have corresponded to him had he continued to hold his position until then, December 31, 1933, he was no longer in the employ of the appellee.

    2. ID.; ID.; ID.; BONUS DEFINED. — A bonus is a gift of the principal to his agent or employee in order that the latter may be encouraged to serve him faithfully and diligently. Appellant not having conducted himself in this manner, it is obvious that he is not entitled to the whole or even a part of his claim


    D E C I S I O N


    DIAZ, J.:


    Plaintiff loss his case in the lower court which interpreted his contract with defendant, and which constitutes the basis of his action, contrary to his contentions. In order to determine finally the real meaning of said contract or the interpretation that should be given to its terms, he appealed to this court from the judgment against him.

    The facts are as follows: Appellant entered the service of appellee as mechanic, first, to assist the mechanic of the appellee, Enrique Litonjua, in the latter’s work as such; and, thereafter, to take the place to be left by Litonjua who resigned in March, 1933. Under their original verbal contract, appellee was to pay appellant a monthly salary of P118 and give him, in addition, a monthly bonus of P30 which was to be allowed to accumulate and thereafter delivered to him at the end of the months of June and December of each year in lump sums so long as he continued in the service of appellee. On March 10, 1933, appellee confirmed the contract in writing in the following terms:jgc:chanrobles.com.ph

    "March 10, 1933

    "Mr. FELIX BILANG

    Present

    "DEAR SIR:jgc:chanrobles.com.ph

    "This confirms the conversation you have with the writer and our Mr. Salet of today whereby your remuneration will be increased of P118 a month effective March 1st with a monthly accumulated bonus of P30 per month, payable June 30th and December 31st, provided you are in the employ of the Company within that period. In addition to the above you will be known as ’Chief Service Radio Mechanic’ and in charge of all other servicemen for radios, combination machines, phonographs and photophone equipment. In other words, you will hold the identical position formerly held by Mr. Enrique Litonjua who resigned this week.

    "Very truly yours,

    "ERLANGER & GALINGER, INC.

    (Sgd.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    "Treasurer"

    Appellant was dismissed from the service of appellee on November 20, 1933 because it was discovered that he had been violating the regulations of the company to its prejudice. It was, therefore, clear that before December 31, 1933, he was no longer in the employ of appellee.

    Appellant contends that he is entitled to the payment of the bonuses corresponding to the months of July, August, September, October, and to the first twenty days of November, 1933 under the very terms of the aforesaid contract. The pertinent portion of the contract in question is of the following tenor:jgc:chanrobles.com.ph

    ". . . your remuneration will be increased to P118 a month effective March 1st with a monthly accumulated bonus of P30 per month, payable June 30th and December 31st, provided you are in the employ of the Company within that period."cralaw virtua1aw library

    It is a well-settled rule that when the terms of a contract are clear and do not leave room for doubt as to the intention of the contracting parties, it is not necessary to interpret the same, and the literal meaning of its clauses should be followed. The contract in question is sufficiently clear. It does not entitle appellant to the payment of any bonus inasmuch as at the time when, according to the agreement, he should be paid what would have corresponded to him had he continued to hold his position until then, December 31, 1933, he was no longer in the employ of the appellee. Appellant’s contention, therefore, is devoid of merit. A bonus is a gift of the principal to his agent or employee in order that the latter may be encouraged to serve him faithfully and diligently. Appellant not having conducted himself in this manner, it is obvious that he is not entitled to the whole or even a part of his claim.

    Wherefore, the judgment appealed from is affirmed, with costs against the appellant. So ordered.

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

    G.R. No. 44931   November 29, 1938 - FELIX BILANG v. ERLANGER & GALINGER, INC. <br /><br />066 Phil 627


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED