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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
 

   
September-1939 Jurisprudence                 

  • G.R. No. 46562 September 13, 1939 - BARDWIL BROS. v. PHIL. LABOR UNION

    068 Phil 436

  • G.R. No. 46673 September 13, 1939 - ANDRES P. GOSECO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 444

  • G.R. No. 45596 September 18, 1939 - MARCOS LIPANA v. DOMlNGO LAO Y OTROS

    068 Phil 451

  • G.R. No. 46412 September 18, 1939 - PEOPLE OF THE PHIL. v. MANOJI

    068 Phil 471

  • G.R. No. 46497 September 18, 1939 - ANTONIO S. SANAGUSTIN v. CONRADO BARRIOS

    068 Phil 475

  • G.R. No. 46170 September 20, 1939 - PEOPLE OF THE PHIL. v. FERMIN PUNTO

    068 Phil 481

  • G.R. No. 46780 September 20, 1939 - FISCAL OF CAMARINES NORTE v. JUDGE OF FIRST INSTANCE OF CAMARINES NORTE

    068 Phil 483

  • G.R. No. 46108 September 22, 1939 - PEOPLE OF THE PHIL. v. DATU GALANTU MEDTED

    068 Phil 485

  • G.R. No. 46109 September 22, 1939 - PEOPLE OF THE PHIL. v. NICOLAS CARPIO

    068 Phil 490

  • G.R. No. 46197 September 22, 1939 - KINKWA MERIYASU CO. v. COLLECTOR OF CUSTOMS

    068 Phil 501

  • G.R. No. 46302 September 22, 1939 - PEOPLE OF THE PHIL. v. TORIBIO C. COSTES

    068 Phil 503

  • G.R. No. 46578 September 22, 1939 - PEOPLE OF THE PHIL. v. ANICETO MARQUEZ

    068 Phil 506

  • G.R. No. 46580 September 22, 1939 - PEOPLE OF THE PHIL. v. PEDRO DE GUZMAN

    068 Phil 508

  • G.R. No. 46602 September 22, 1939 - YAP TAK WING & CO. v. MUNICIPAL BOARD

    068 Phil 511

  • G.R. No. 46686 September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES

    068 Phil 515

  • G.R. No. 46715 September 22, 1939 - PEOPLE OF THE PHIL. v. EMILIO DE JESUS

    068 Phil 517

  • G.R. No. 46068 September 23, 1939 - PEOPLE OF THE PHIL. v. EUSTAQUIO CAROZ

    068 Phil 521

  • G.R. No. 46650 September 23, 1939 - MARIO BENGZON v. AUDITOR GENERAL

    068 Phil 527

  • G.R. No. 46652 September 23, 1939 - PEOPLE OF THE PHIL. v. CASIMIRO CONCEPCION

    068 Phil 530

  • G.R. Nos. 46802-46812 September 23, 1939 - PEOPLE OF THE PHIL. v. RESURRECCION B. PEÑAS

    068 Phil 533

  • G.R. No. 46739 September 23, 1939 - PAMPANGA BUS CO., INC. v. PAMBUSCO EMPLOYEES UNION

    068 Phil 541

  • G.R. No. 46668 September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS

    068 Phil 547

  • G.R. No. 46729 September 25, 1939 - KAPISANAN NG MGA MANGAGAWA SA PANTRANCO v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 552

  • Adm. Case No. 879 September 27, 1939 - PEDRO DE GUZMAN v. TOMAS B. TADEO

    068 Phil 554

  • G.R. No. 46080 September 27, 1939 - GUILLERMO A. CU UNJIENG v. HONGKONG & SHANGHAI BANKING CORP.

    068 Phil 559

  • G.R. No. 46094 September 27, 1939 - PEOPLE OF THE PHIL. v. FERNANDO C. QUEBRAL

    068 Phil 564

  • G.R. No. 46237 September 27, 1939 - ROSALIO MARQUEZ v. BERNARDO CASTILLO

    068 Phil 568

  • G.R. No. 46350 September 27, 1939 - TAN CHAY v. GOVERNMENT OF THE PHIL.

    068 Phil 572

  • G.R. No. 46470 September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS

    068 Phil 577

  • G.R. No. 46539 September 27, 1939 - PEOPLE OF THE PHIL. v. VALENTIN DOQUEÑA

    068 Phil 580

  • G.R. Nos. 46553-46555 September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR

    068 Phil 584

  • G.R. No. 46615 September 27, 1939 - PEOPLE OF THE PHIL. v. ALBERTO AQUINO

    068 Phil 588

  • G.R. No. 46727 September 27, 1939 - PAMBUSCO EMPLOYEES’ UNION v. COURT OF INDUSTRIAL RELATIONS

    068 Phil 591

  • G.R. No. 46168 September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY

    068 Phil 597

  • G.R. No. 46336 September 29, 1939 - REVEREND ULRIC ARCAND v. PEOPLE OF THE PHIL.

    068 Phil 601

  • G.R. No. 46458 September 29, 1939 - ERLANGER & GALINGER v. HERMENEGILDO G. ALAGAR

    068 Phil 610

  • G.R. No. 46725 September 29, 1939 - PEOPLE OF THE PHIL. v. MAXIMINO AQUINO

    068 Phil 615

  • G.R. No. 46023 September 30, 1939 - PEOPLE OF THE PHIL. v. JESUS FLORENDO

    068 Phil 619

  • G.R. No. 46252 September 30, 1939 - PEOPLE OF THE PHIL. v. LEONOR DE MOLL

    068 Phil 626

  • G.R. No. 46298 September 30, 1939 - PEOPLE OF THE PHIL. v. DATU AMBIS

    068 Phil 635

  • G.R. No. 46390 September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO

    068 Phil 639

  • G.R. No. 46396 September 30, 1939 - ALEJANDRO DE GUZMAN v. VISAYAN RAPID TRANSIT CO.

    068 Phil 643

  • G.R. No. 46451 September 30, 1939 - PAZ CHUA v. SECRETARY OF LABOR

    068 Phil 649

  • G.R. No. 46484 September 30, 1939 - SANTIAGO SAMBRANO v. RED LINE TRANSPORTATION CO., INC.

    068 Phil 652

  • G.R. No. 46724 September 30, 1939 - CRESCENCIO REYNES v. ROSALINA BARRERA

    068 Phil 656

  • G.R. No. 46728 September 30, 1939 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

    068 Phil 659

  •  





     
     

    G.R. No. 46686   September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES<br /><br />068 Phil 515

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46686. September 22, 1939.]

    TRANQUILINO RUBIS, Plaintiff-Appellant, v. THE PHILIPPINE CHARITY SWEEPSTAKES, Defendant-Appellee.

    Mateo Canonoy for Appellant.

    Ramon Diokno for Appellee.

    SYLLABUS


    PHILIPPINE CHARITY SWEEPSTAKES; LOSS OF WINNING TICKET; INADMISSIBILITY OF SECONDARY EVIDENCE. — The doctrine laid down in Santiago v. Millar (38 Off. Gaz., 816), is reiterated to the effect that "The presentation or surrender of the ticket is a condition precedent of payment. The contract is aleatory in nature (art. 1790, Civil Code), and the contracting parties may establish any agreements, terms and conditions they may deem advisable, provided they are not contrary to law, morals, or public order (art. 1255, Civil Code). Obligations arising from contract shall have the force of law between the contracting parties and must be performed in accordance with their stipulations (art. 1091, Civil Code; Hanlon v. Haussermann and Beam, 41 Phil., 276)."


    D E C I S I O N


    LAUREL, J.:


    On March 4, 1938, Tranquilino Rubis filed an action against the Philippine Charity Sweepstakes in the Court of First Instance of Leyte for the recovery of P1,000, corresponding to one unit of ticket No. 281945 which won the fifth prize in the draw held in the City of Manila on September 8, 1937.

    The complaint alleges that the plaintiff is the owner of a unit of ticket No. 281945 which he bought from the defendant in September, 1937; that the plaintiff 103t it in one of the passenger cars of the Leyte Land Transportation Co., Ltd., while making trips as an inspector; that the said ticket won the fifth prize and thereby entitled the plaintiff to a participation of P1,000; and that formal notification of loss and demand for payment were made to the defendant.

    The plaintiff attempted to establish by his own testimony his ownership of the ticket and its loss, but the trial court, upon timely objection by the defendant, ruled that inasmuch as the ticket contained the condition that "Prizes of tickets sold locally will be paid to holder of ticket upon surrender of same" secondary evidence is inadmissible.

    Neither oral nor documentary evidence was introduced for the defendant and evidently full reliance was had in the legal defense set up in its answer that the surrender of the sweepstakes ticket was a condition precedent to the payment of the prize to the holder.

    After trial, the court, on October 1, 1938, dismissed the complaint without any pronouncement as to costs.

    It is clear that the only question involved is whether or not secondary evidence may be admitted to establish the ownership of the ticket and its loss. This point has been set at rest in the case of Santiago v. Millar (38 Off. Gaz., 816) where we said:jgc:chanrobles.com.ph

    "The question thus presented is new in this jurisdiction and no enlightenment could be had from foreign sources. We are of the opinion, however, that the present controversy may be disposed of by the application of general principles, having in view the difficulties pointed out in his decision by the trial court. Ticket No. 0293020 bears the notation therein that ’prizes of tickets sold locally will be paid to holder of ticket upon surrender of same.’ This means that to collect the prize the ticket must be presented. The presentation or surrender of the ticket is a condition precedent of payment. The contract is aleatory in nature (art. 1790, Civil Code), and the contracting parties may establish any agreements, terms and conditions they may deem advisable, provided they are not contrary to law, morals, or public order (art. 1255, Civil Code). Obligations arising from contract shall have the force of law between the contracting parties and must be performed in accordance with their stipulations (art. 1091, Civil Code; Hanlon v. Haussermann and Beam, 41 Phil., 276)."cralaw virtua1aw library

    In view of the foregoing, the judgment of the lower court is hereby affirmed, without pronouncement as to costs. So ordered.

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

    G.R. No. 46686   September 22, 1939 - TRANQUILINO RUBIS v. PHILIPPINE CHARITY SWEEPSTAKES<br /><br />068 Phil 515


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