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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. 46168   September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY<br /><br />068 Phil 597

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46168. September 29, 1939.]

    INTERNATIONAL HARVESTER COMPANY OF THE PHILIPPINES, Plaintiff-Appellee, v. DELFIN MAHINAY, Defendant-Appellant.

    Quirico Abeto and Placido C. Ramos for Appellant.

    Manuel P. Sunga for Appellee.

    SYLLABUS


    1. ACT No. 4122; NON-APPLICABILITY TO CHATTEL MORTGAGES CONSTITUTED BEFORE IT TOOK EFFECT. — The chattel mortgages here involved (Exhibits A, B, and C) were constituted before Act No. 4122 took effect on December 9, 1933, the first on June 15, 1932, and the last two on February 27, 1933. It follows that Act No. 4122 is not applicable to the chattel mortgages in question.

    2. ID.; SUBSTANTIVE IN NATURE. — It has already been ruled that Act No. 4122 is substantive in nature. (Manila Trading & Supply CO. V8. Tell Vda. de Jaucian, G. R. NO. 45918, promulgated September 30, 1938, Manila Motor Co. v. Maraña, 37 Off. Gaz., 1748.)


    D E C I S I O N


    LAUREL, J.:


    This is an appeal from the decision of the Court of First Instance of Manila, rendered on January 29, 1938, on an agreed statement of facts, the dispositive part of which decision reads as follows:jgc:chanrobles.com.ph

    "Judgment is hereby rendered in favor of the plaintiff and against the defendant who is hereby ordered to pay to the former the sum of P2,419.58 under the first cause of action, the sum of P2,864.68 under the second cause of action, and the sum of P9,305.81 under the third cause of action, with interest at 8 per cent per annum from March 10, 1937, until paid."cralaw virtua1aw library

    The complaint filed in this case with the Court of First Instance of Manila on June 25, 1937, is predicated on three causes of action. Under the first cause of action, it is alleged that on June 15, 1932, the defendant bought tractors and agricultural implements from the plaintiff of the total value of P4,567.20, delivering as initial payment P947.20. A chattel mortgage on the properties sold (Exhibit A) was executed by the defendant on the same day, as a security for the payment of the balance. After making various payments, defendant defaulted and the mortgage was thereupon foreclosed on April 22, 1937, the property being sold at public auction for P460. Applied to the balance, P2,419.58 remained outstanding. Under the second cause of action, it is averred that on February 27, 1933, defendant purchased a number of tractors from the plaintiff in the amount of P4,850.20, making a first payment of P925.10. A chattel mortgage was also constituted on the properties, and the mortgage, upon default, was likewise foreclosed on March 11, 1937. The tractors were sold at public auction for P451.23, which amount applied to the indebtedness left a balance of P2,864.68. Under the third cause of action, it is alleged that on February 27, 1933! the defendant bought from the plaintiff other machinery and agricultural materials, described in the complaint, worth P9,745, paying the amount of P1,145 in advance. A chattel mortgage was likewise constituted on the properties, which mortgage was foreclosed because of defendant’s failure to make the stipulated payments. The properties were sold at public auction on March 11, 937 for P1,351, and after this amount was applied to the balance, defendant still owed P9,305.81.

    The defendant-appellant assigns three errors. Primarily, however, they turn upon the question of whether Act No. 4122 could be given retroactive effect so as to govern transactions consummated prior to the date it went into effect.

    In Manila Trading & Supply Co. v. Puig (G. R. No. 43784, decided on October 30, 1936), it was ruled:jgc:chanrobles.com.ph

    "Counsel for the appellant contend that Act No. 4122 i9 not applicable to the case at bar because the same was approved on December 9, 1933, while the defendant’s obligation to the plaintiff was contracted by him on November 27, 1933, eleven days before the Act went into effect.

    "There can be no question that Act No. 4122 has no retroactive effect."cralaw virtua1aw library

    Again, in Levy Hermanos, Inc. v. Capule (63 Phil., 624, 626), it was said:jgc:chanrobles.com.ph

    "The only thing sought in this appeal is to have Act No. 4122 applied to the case and that the defendant be absolved from the complaint upon delivery of the automobile purchased and mortgaged to the plaintiff.

    "The automobile was sold to the defendant on May 31, 1933 and the mortgage thereon was constituted on said date. Act No. 4122 took effect on December 9, 1933, that is after the consummation of the transactions between the plaintiff and the defendant, which gave rise to this action. Consequently, Act No. 4122 is not applicable to this case."cralaw virtua1aw library

    Likewise, in the case of Manila Trading & Supply Co. v. Tell Vda. de Jaucian (G. R. No. 45918, promulgated on September 30, 1938), it was observed:jgc:chanrobles.com.ph

    "It is likewise admitted that the two chattel mortgages involved in this case were executed on December 18, 1926 and February 21, 1927, respectively. Yet the trial court held that Act No. 4122 of the Philippine Legislature, approved on December 9, 1933, was applicable to this case. Again the lower court erred in so holding. This point is set at rest by the decisions of this court in Manila Trading & Supply Co. v. Puig (G. R. No. 43784), and Manila Trading & Supply Co. v. Santos. This court held in these cases that Act No. 4122, being substantive in nature, has no retroactive effect."cralaw virtua1aw library

    In the more recent case of Manila Motor Co. v. Maraña (37 Off. Gaz., 1748), the court, in passing upon the identical question, said:jgc:chanrobles.com.ph

    "Defendant appealed to this court, and here reiterates the view that pursuant to the provisions of Act No. 4122, plaintiffs foreclosure of the chattel mortgage bars it from any further action for the recovery of the balance. It appears, however, that the mortgage was executed prior to the taking effect of the Act invoked; wherefore, said Act cannot be applied thereto."cralaw virtua1aw library

    The chattel mortgages here involved (Exhibits A, B and C) were constituted before Act No. 4122 took effect on ’December 9, 1933, the first on June 15, 1932, and the last two on February 27, 1933. It follows that Act No. 4122 is not applicable to the chattel mortgages in question.

    It is further contended by counsel for the defendant-appellant that Act No. 4122 is a procedural law, and as such "it applied to all proceedings related to sales of personal property payable in installments, brought after the enactment of said law irrespective of whether the sales were executed before or after its taking effect." (Brief for appellant, p. 12.) We have already ruled that Act No. 4122 is substantive in nature. (Manila Trading & Supply Co. v. Tell Vda. de Jaucian, supra; Manila Motor Co. v. Maraña, supra.)

    The judgment of the lower court is affirmed, with costs against the appellant. So ordered.

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

    G.R. No. 46168   September 29, 1939 - INTERNATIONAL HARVESTER CO. OF THE PHIL. v. DELFIN MAHINAY<br /><br />068 Phil 597


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