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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. 46470   September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS<br /><br />068 Phil 577

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46470. September 27, 1939.]

    JUAN CASTILLO, applicant, v. THE DIRECTOR OF LANDS and LA UNION AGRICOLA Y PECUARIA DEL SUR DE LUZON, oppositors; LA UNION AGRICOLA Y PECUARIA DEL SUR DE LUZON, petitioner-appellant; THE DIRECTOR OF LANDS, Petitioner-Appellee.

    Manly & Reyes for Appellant.

    Solicitor-General Ozaeta for Appellee.

    No appearance for applicant.

    SYLLABUS


    PUBLIC LANDS; SALES APPLICATION FOR GRAZING LAND; ADMINISTRATIVE ACTION; SECTION 2, ARTICLE XII OF THE CONSTITUTION. — It appears that the Government does not seem to pretend that lot No. 12 ever formed part of the grazing land purchased by the appellant. In point of fact, the Government has not filed any brief in this appeal. As no one should be permitted to enrich himself at the expense of another (Angeles v. Samia, 37 Off. Gaz., 303, 305, citing Gustilo v. Maravilla, 48 Phil., 442; and Angelo v. Director of Lands, 49 Phil., 838), it is believed that the corresponding administrative office or department of the Government may take such appropriate steps as may be necessary with a view to the recognition of the claim of the La Union Agricola S. Pecuaria del Sur de Luzon, should such claim be found to be justified by the facts and equities of the case, attention in this connection being further invited to the provision of section Z of Article XII of our Constitution with reference to the extent of agricultural land that may be acquired by a private corporation or association.


    D E C I S I O N


    LAUREL, J.:


    On June 30, 1920, the sales application of the La Union Agricola y Pecuaria del Sur de Buzon to purchase from the Government 1,024 hectares of grazing land situated in the municipality of Baao, Province of Camarines Sur, filed in 1919 with the Director of the Bureau of Lands, was duly approved. This entity during the same year acquired the adjoining properties, consisting of three parcels of rice land, from Teodosio Cortez, Valentin Bulalacao and Tomasa Benosa. Survey of the government purchased land showed that it contained a total area of 1,017.6272 hectares, while the three parcels of rice land had an area of 54.0070 hectares. A consolidated plan was made and the rice land was indicated therein as lot No. 12.

    On August 25, 1930, one Juan Castillo filed an application for the registration of certain parcels of land located in the same municipality. La Union Agricola y Pecuaria del Sur de Luzon, the Director of Lands, the Director of Forestry and several adverse claimants filed their oppositions. The first-named oppositor based its opposition on the ground that applicant’s plan Psu-77657, marked Exhibit B, included eight parcels of the grazing land bought from the Government, and the three parcels of rice land purchased from private persons. The Government opposed the registration because the land sought to be registered is public. Denial of Castillo’s application by the Court of First Instance of Camarines; Sur followed, and, on appeal the decision was affirmed by the Court of Appeals in a decision promulgated February 25, 1938. After the case was returned to the court of origin, La Union Agricola y Pecuaria del Sur de Luzon, on May 20, 1938, filed with that court a motion praying for amplification of its decision "by making an express finding to the effect that the herein petitioner, La Union Agricola y Pecuaria del Sur de Luzon is the owner in fee simple of the said lot No. 12 and entitled to the decree and registration of the same in its name." The motion was denied by the lower court on June 17, 1938, on the authority of Shioji v. Harvey (43 Phil., 333). Exception was taken and the case was elevated to this court by bill of exceptions.

    Counsel for the corporation alleges that not even the Government questions appellant’s ownership over lot No. 12; that this being the case, it will be paying for what already belongs to it; not only this, but if this parcel, lot No. 12, is included as part of the grazing land, the Director of Lands, it is contended, would have approved the sales application in spite of the fact that the total area is more than what is allowed by law. (Sec. 2, Article XII, Constitution.) Counsel then contends that this case, being one of clerical error, the court may make the necessary correction even after the case has been remanded to it for execution and proceeds to cite authorities to support his stand.

    Perusal of the decision of the lower court shows that the error sought to be corrected is not of a clerical nature. In the decision rendered by the Court of First Instance on January .11, 1935) (bill of exceptions, pp. 2-19), it appears that lot No. 12 formed part of the land purchased from the government. . . . La opositora La Union Agricola y Pecuria," runs the decision, "solicto del gobierno la compra de una extension de terreno en Baao (Exh. 7-Pecuaria), que incluge totalmente los lotes Nos. 4, 5, 6, 7, 8, 9, 10, 11 y 12 del plano Psu-77657, cuyo gregistro Juan Castillo solicita . . ." (Bill of exceptions, p. 6.) An din the dispositive part of the said decision, the lower court concluded: . . . que dichos terrenos son terrenos publicos, sujetos a los derechos adquiridos por La Union Agricola y Pecuaria del Sur de Luzon como solicitante de compra del Gobierno. . ."cralaw virtua1aw library

    To exclude lot No. 12, under the circumstances, is far from correcting a mere clerical error, and it is apparent that at this stage of the proceedings we cannot alter the findings and conclusion of the lower court with reference to lot No. 12. It should be observed, however, that the Government does not seem to pretend that lot No. 12 ever formed part of the grazing land purchased by the appellant. In point of fact, the Government has not filed any brief in this appeal. As no one should be permitted to enrich himself at the expense of another (Angeles v. Samia, 37 Off. Gaz., 303, 305, citing Gustilo v. Maravilla, 48 Phil., 442; and Angelo v. Director of Lands, 49 Phil., 838), it is believed that the corresponding administrative office or department of the Government may take such appropriate steps as may be necessary with a view to the recognition of the claim of the La Union Agricola y Pecuaria del Sur de Luzon. should such claim be found to be justified by the facts and equities of the case, attention in this connection being further invited to the provision of section 2 of Article XII of our Constitution with reference to the extent of agricultural land that may be acquired by a private corporation or association.

    The decision appealed from is affirmed, without any pronouncement regarding costs. So ordered.

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

    G.R. No. 46470   September 27, 1939 - JUAN CASTILLO v. DIRECTOR OF LANDS<br /><br />068 Phil 577


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