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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. Nos. 46553-46555   September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR<br /><br />068 Phil 584

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. 46553-46555. September 27, 1939.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEON FABILLAR, Defendant-Appellant.

    Antonio J. Beldia for Appellant.

    Solicitor-General Tuason for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; VIOLATION OF SECTION 34, IN CONNECTION WITH SECTION 39, OF THE MARRIAGE LAW. — It is contended that, under the provisions of section 34 of the Marriage Law, as far as the authority to solemnize marriages is concerned, the authorization, once issued, continues in force and that the requirement for its renewal is intended solely for revenue purposes. This contention is not in accord with either the spirit or the letter of the law. In the first place, the required fee for the issuance of the certificate of authority to solemnize marriages is, by its nominal character, intended purely for regulation and not for revenue. In the second place, renewal, as required by law, presupposes expiration of the authorization. And expiration means that the authorization has ceased to exist. In the third place, after the authorization has expired, the accused was suspended from the performance of his apostolic functions and, therefore, he had absolutely no authority to solemnize the marriages in question

    2. ID.; ID.; CONSTITUTIONALITY OF SECTION 34 OF THE MARRIAGE LAW; FREE EXERCISE OF RELIGION. — Appellant impugns the constitutionality of section 34 of the Marriage Law. It is contended that it, in effect, confers upon the Director of the National Library the power to inquire into the organization and doctrine of the particular church, sect or religion, and to forbid its operation at his discretion. What the provision in question confers upon the Director of the National Library is the duty which, of course, carries with it the power, to satisfy himself whether the "church, sect or religion of the applicant operates in the Philippine Islands and is in good repute." The duty thus conferred is not one of inquiry into the organization or doctrine of a particular church or religion, but a duty to distinguish and discriminate between a legitimately established religion or church and one that pretends to be as such, as a prerequisite to the issuance of a certificate of authority. The law, therefore, in no sense prohibits nor impairs the free exercise of any religion. On the contrary, it purports to protect every legitimately established religion from the imposture of pseudo or spurious religious organizations which ostensibly appear to be dedicated to the practice of religion and the exercise of particular faith but which in reality are mere marriage agencies.

    3. ID.; ID.; CRUEL AND UNUSUAL PUNISHMENT. — Appellant contends that section 39 of the Marriage Law imposes a cruel and unusual punishment. It is argued that it imposes a heavy fine for the mere failure to renew the authorization required therein. But, as correctly observed by the trial court, the penalty imposed by law is not for the omission to secure the renewal of authorization, but for the solemnization of marriages by priests or ministers without the required authorization.


    D E C I S I O N


    MORAN, J.:


    Leon Fabillar was charged, in three separate cases, in the Court of First Instance of Capiz, with violation of section 34, in connection with section 39, of the Marriage Law. In each of the three cases, the accused entered the plea of not guilty and, by agreement of the parties, they were tried jointly.

    The evidence discloses that on May 8, 1934, the Director of the National Library issued a certificate to the accused, then a parish priest of the Independent Church in Maayon, Pontevedra, Capiz, wherein he was authorized to solemnize marriages within the jurisdiction named therein. The accused has never renewed this authorization after its expiration on May 1, 1936. On June 1, 1935, he was suspended from the performance of his apostolic functions and notice of such suspension was given him by the bishop of the church as well as by the vicar-general for the Provinces of Capiz and Romblon. The suspension continued until it was lifted on October 3, 1936. On January 13, February 9, and March 26, 1936, he solemnized the marriages mentioned in the informations.

    The trial court found the accused guilty of the offenses charged and condemned him to pay, in each case, a fine of two hundred pesos with subsidiary imprisonment in case of insolvency. The accused appealed.

    Section 34 of the Marriage Law provides:jgc:chanrobles.com.ph

    "Every priest or minister authorized by his church, sect, or religion to solemnize marriage shall send to the Philippine National Library a sworn statement setting forth his full name and domicile, and that he is authorized by his church, sect, or religion to solemnize marriage, attaching to said statement a certified copy of his appointment. The Director of the Philippine National Library, upon receiving such sworn statement containing the information required, and being satisfied that the church, sect, or religion of the applicant operates in the Philippine Islands and is in good repute, shall record the name of such priest or minister in a suitable register and issue to him an authorization to solemnize marriage. Said priest or minister shall be obliged to exhibit his authorization to contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. No priest or minister not having the required authorization may solemnize marriage.

    "The authorization shall be renewed on or before the first day of May of each year, upon payment of the required fee."cralaw virtua1aw library

    It seems to be the contention of the appellant that, under the above provisions, as far as the authority to solemnize marriages is concerned, the authorization, once issued, continues in force and that the requirement for its renewal is intended solely for revenue purposes. This contention is not in accord with either the spirit or the letter of the law. In the first place, the required fee for the issuance of the certificate of authority to solemnize marriages is, by its nominal character, intended purely for regulation and not for revenue. In the second place, renewal, as required by law, presupposes expiration of the authorization. And expiration means that the authorization has ceased to exist. In the third place, after the authorization has expired, the accused was suspended from the performance of his apostolic functions and, therefore, he had absolutely no authority to solemnize the marriages in question.

    Appellant impugns the constitutionality of section 34 of the Marriage Law. It is contended that it, in effect, confers upon the Director of the National Library the power to inquire into the organization and doctrine of the particular church, sect or religion, and to forbid its operation at his discretion. What the provision in question confers upon the Director of the National Library is the duty which, of course, carries with it the power, to satisfy himself whether the "church, sect or religion of the applicant operates in the Philippine Islands and is in good repute." The duty thus conferred is not one of inquiry into the organization or doctrine of a particular church or religion, but a duty to distinguish and discriminate between a legitimately established religion or church and one that pretends to be as such, as a prerequisite to the issuance of a certificate of authority. The law, therefore, in no sense prohibits nor impairs the free exercise of any religion. On the contrary, it purports to protect every legitimately established religion from the imposture of pseudo or spurious religious organizations which ostensibly appear to be dedicated to the practice of religion and the exercise of particular faith but which in reality are mere marriage agencies.

    Finally, appellant contends that section 39 of the Marriage Law imposes a cruel and unusual punishment. It is argued that it imposes a heavy fine for the mere failure to renew the authorization required therein. But, as correctly observed by the trial court, the penalty imposed by law is not for the omission to secure the renewal of authorization, but for the solemnization of marriages by priests or ministers without the required authorization.

    Judgment is affirmed, with costs to the Appellant.

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

    G.R. Nos. 46553-46555   September 27, 1939 - PEOPLE OF THE PHIL. v. LEON FABILLAR<br /><br />068 Phil 584


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