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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. 46668   September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS<br /><br />068 Phil 547

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46668. September 26, 1939.]

    THE GOVERNMENT OF THE PHILIPPINE ISLANDS, Plaintiff-Appellant, v. PAMPANGA SUGAR MILLS, INC., Defendant-Appellee.

    Undersecretary of Justice Melencio for Appellant.

    Jose Laki for Appellee.

    SYLLABUS


    PAYMENT OF COSTS OF CADASTRAL SURVEY; LAW APPLICABLE TO PRESENT CASE; INCUMBRANCE NOT APPEARING UPON TRANSFER CERTIFICATE OF TITLE. — Act No. 3081 is applicable to the case at bar, in view of the fact that it was the law in force when the Pampanga Sugar Mills purchased lot No. 702 on August 24, 1927. According to said Act, it was the duty of the registrar of deeds, under paragraph (b) of section 18 thereof, to demand of the vendor before registering the deed of sale of the lot, to exhibit the receipt showing that the said incumbrance or lien has already been paid. If the apportionment of costs has not yet been decreed, the same section 18, paragraph (b), provides that the registrar shall endorse on the certificate of transfer issued by him the incumbrance or lien appearing on the former certificate as guarantee of the payment of the costs above referred to. In the original certificate of title of said lot issued on September 3, 1920, in favor of M. M., it was stated: "a first lien in favor of the Insular Government to guarantee the payment of the fees and special taxes assessed pursuant to the provisions of sections 17 and 18 of Act No. 2559, as amended by Act No. 2558." This incumbrance was not stated in the transfer certificate of title in favor of T. J. P. who purchased the lot in question from M. M. Hence, when Pampanga Sugar Mills purchased said lot from P., no incumbrance appeared on the latter’s transfer certificate of title. Consequently, the incumbrance in question was likewise not stated in the certificate of title issued in favor of Pampanga Sugar Mills. In these circumstances, "pursuant to the provisions of section 39 of Act No. 496, as amended by Act No. 2011 (Pampanga Sugar Mills), an assignee of title is not and cannot be held responsible for any obligation not appearing on the Torrens title assigned and transferred to (it) him. That is to say, no claim or obligation can affect (its) his right of ownership as a subsequent holder of the title unless said claim or obligation has been previously endorsed or noted on the title." (Vargas & Mañalac, Philippine Land Registration Law, p. 347.)


    D E C I S I O N


    CONCEPCION, J.:


    The Insular Government brought this action against the Pampanga Sugar Mills, Inc., for the recovery of the sum of P233.55 with interest at 6 per cent per annum from February 26, 1923 until fully paid. Said amount is a part of the costs of cadastral survey corresponding proportionately to lot No. 702 included in the cadastral record of Angeles, Pampanga, and now belonging to Pampanga Sugar Mills, Inc., by purchase. At the trial, the provincial fiscal of Pampanga and the defendant, through counsel, agreed and stipulated upon the following proven facts:chanrob1es virtual 1aw library

    1. That on September 3, 1920, original certificate of title No. 1441 was issued by the registrar of deeds of Pampanga in the name of Martina Martin, widow and resident of San Fernando, Pampanga, over lot No. 702 of the cadastral survey of Angeles, consisting of a parcel of land with all the buildings and improvements thereon. In said certificate of title were stated the liens mentioned in section 39 of the Land Registration Act in the following language —

    "(a) a first lien in favor of the Insular Government to guarantee the payment of the fees and special taxes assessed pursuant to the provisions of sections 17 and 18 of Act No. 2259, as amended by Act No. 2558;

    "(b) that the property above described, is subject to a promise of sale in favor of Thomas J. Piffard."cralaw virtua1aw library

    2. That on February 10, 1921, before the court ordered the apportionment of the costs of cadastral survey — which apportionment was ordered on February 26, 1923 — Martina Martin executed a deed of sale of said lot No. 702 in favor of Thomas J. Piffard. Without paying the corresponding fees for expenses of survey and costs of said lot noted as a lien according to the preceding paragraph, without any court order declaring that said costs of cadastral survey are already paid, and without presentation by Martina Martin in the office of the registrar of deeds of the corresponding receipt of payment of said fees, the registrar of deeds of the Province of Pampanga erroneously issued transfer certificate of title No. 249 omitting therefrom the lien above-mentioned.

    3. That on August 24, 1927, Thomas J. Piffard executed a deed of sale of the aforesaid lot in favor of the defendant Pampanga Sugar Mills, Inc., in consideration of the sum of P86,639.80, and upon presentation of said deed to the office of the registrar of deeds of Pampanga, the latter issued in favor of Pampanga Sugar Mills, Inc., transfer certificate of title No. 2177, likewise omitting therefrom any mention of the aforesaid lien noted on original certificate of title No. 1441.

    4. That on April 2, 1923, the clerk of the Court of First Instance notified Martina Martin of the apportionment of the costs of cadastral survey of said lot 702 pursuant to the order issued by said court on February 26, 1923, but having failed to pay said fees and costs, she was required by the Director of Lands on December 23, 1932 to pay the fees and costs corresponding to the said lot, which amounted to P233.55, plus 6 per cent interest per annum from February 26, 1923. The municipal treasurer of Angeles, Pampanga, by instructions of the provincial treasurer, also required Martina Martin to pay the said fees and costs.

    5. Having discovered that the Pampanga Sugar Mills, Inc., is the owner of lot 702, the deputy provincial treasurer of Pampanga, by letter dated September 19, 1933, required it to pay the said fees and costs of cadastral survey plus interest. Pampanga Sugar Mills has refused and still refuses to make said payment.

    Upon the foregoing facts and the law applicable to the case, the Court of First Instance of Pampanga absolved the Pampanga Sugar Mills from the complaint by its decision of August 24, 1936, which is now the subject matter of the present appeal.

    Counsel for the Government contends that under Act No. 2558, which was the one in force on the date the costs of cadastral survey were taxed in the aforesaid case, the lien for the payment of the proportionate part of the costs of cadastral survey is demandable against the land whoever may be its owner. In fact, the said lien noted on original certificate of title No. 1441 is expressly based upon the said law which has created it in favor of the Government.

    We believe that Act No. 3081 approved on March 16, 1923, not Act No. 2558, is applicable to the case in view of the fact that the former was the law in force when the Pampanga Sugar Mills purchased lot No. 702 on August 24, 1927.

    But even under the provisions of Act No. 2558, the Government is without right to require the defendant Pampanga Sugar Mills to pay the proportionate part of the costs of cadastral survey corresponding to the said lot No. 702. The said Act, amending section 18 of Act No. 2259, provided that the amount taxed against each of the lots or parcels of land included in the cadastre "shall be considered a special assessment of taxes against the respective parcels, shall constitute a first lien upon the land, and shall be collected by the provincial treasurer in equal annual installments in not less than five nor more than fifteen years." Each installment shall become due and payable at the same time as the general land tax.

    There is no doubt that the said Act considered the payment of the costs of the cadastral survey as a special assessment of taxes, and although the lien be not noted on the certificate of title, payment thereof could be demanded; but this could only be done within the two years after the special assessment has become due and payable, as provided in the second paragraph of section 39 of Act No. 496, as amended by Act No. 2011.

    According to the stipulated facts, the appointment of the costs of survey in the aforementioned cadastral record, was ordered on February 26, 1923. Hence, the payment thereof could be demanded as a lien within two years from that date. Payment was demanded of the defendant on September 19, 1933, many years after the special assessment in question has become due; for from the year 1923, the date of the apportionment, until September 19, 1933, when the defendant was required to pay the sum of P233.55 plus 6 per cent interest per annum from 1923, more than ten years have elapsed.

    Under Act No. 3081, which, as above stated, was the law in force when the Pampanga Sugar Mills purchased lot 702, it was the duty of the registrar of deeds, under paragraph (b) of section 18 thereof, to demand of the vendor before registering the deed of sale of the lot, to exhibit the receipt showing that the said incumbrance or lien has already been paid. If the apportionment of costs has not yet been decreed, the same section 18, paragraph (b), provides that the registrar shall endorse on the certificate of transfer issued by him the incumbrance or lien appearing on the former certificate as guarantee of the payment of the costs above referred to.

    In the original certificate of title of said lot issued on September 3, 1920 in favor of Martina Martin, it was states: "a first lien in favor of the Insular Government to guarantee the payment of the fees and special taxes assessed pursuant to the provisions of sections 17 and 18 of Act No. 2259, as amended by Act No. 2558." This incumbrance was not stated in the transfer certificate of title in favor of Thomas J. Piffard who purchased the lot in question from Martina Martin. Hence, when Pampanga Sugar Mills purchased said lot from Piffard, no incumbrance appeared on the latter’s transfer certificate of title. Consequently, the incumbrance in question was likewise not stated in the certificate of title issued in favor of Pampanga Sugar Mills. In these circumstances, "pursuant to the provisions of section 39 of Act No. 496, as amended by Act No. 2011 (Pampanga Sugar Mills), an assignee of title is not and cannot be held responsible for any obligation not appearing on the Torrens title assigned and transfered to (it) him. That is to say, no claim or obligation can affect (its) his right of owner ship as a subsequent holder of the title unless said claim or obligation has been previously endorsed or noted on the title." (Vargas & Mañalac, Philippine Land Registration Law, p. 347.)

    "The general purpose of the Land Registration Act was to create an indefeasible title and one free from all charges, liens and incumbrances except those preserved against it by special mention in the decree of registration or by provision of law." (De Jesus v. City of Manila, 29 Phil. 73).

    "The title intended to be created by the Land Registration Act is one not subject to hidden defects, to undeveloped or inchoate claims, to any sort of restriction, limitation or reduction except those named in the certificate of registration and in the law itself as having been preserved against the land." (De Jesus v. City of Manila, supra.)

    The appealed decision is affirmed, without costs. So ordered.

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

    G.R. No. 46668   September 26, 1939 - GOVERNMENT OF THE PHIL. v. PAMPANGA SUGAR MILLS<br /><br />068 Phil 547


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