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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. 46390   September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO<br /><br />068 Phil 639

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 46390. September 30, 1939.]

    Testate estate of Petrona Francisco, deceased. CASIMIRO TIANGCO and, MARIA TIANGCO, fiduciaries-appellants, v. PROCESO FRANCISCO, Petitioner-Appellee.

    Ortega & Ortega for Appellants.

    Clemente E. Felix for Appellee.

    SYLLABUS


    1. WILLS; TRUSTS; DISCRETION OF COURT TO APPOINT AND REMOVE TRUSTEES. — The power to appoint a trustee is discretionary with the court before whom application is made, and this court will decline to interfere except in cases of clear abuse. Thereafter, upon proper showing that the interests of justice would be adequately served with the removal of the incumbent trustees, it is likewise within its discretion to do so (sec. 587, Code of Civil Procedure), and this court will refuse to interfere in the absence of a showing of grave abuse or whimsical and capricious exercise of that discretion.

    2. COURTS; APPEALED ORDER CONTAINS FINDINGS OF FACT. — The order read in conjunction with the report of the clerk of court as commissioner, exhibits a finding upon all the evidence presented during the trial, and is sufficient compliance with the requirements of the law. (Aringo v. Arena, 14 Phil., 263, 266.)


    D E C I S I O N


    LAUREL, J.:


    Petrona Francisco provided in her last will that the income derived from the one-half portion of her fishpond in the barrio of Gasak, Navotas, Rizal, shall be devoted to the celebration of the "Flores de Mayo" in Malabon, Rizal, and for other religious activities mentioned in the will. Upon probate of the will the Court of First Instance of Rizal appointed Casimiro Tiangco as trustee. Shortly afterwards, on March 16, 1922, Maria Tiangco was also appointed cotrustee to act with Casimiro Tiangco in supervising the affairs of the trust. The records of the case disclose that from the beginning the submission of annual reports to the court was very irregular. When the accounts for the year 1935 were submitted, Proceso Francisco, the herein oppositor-appellee, filed an opposition. Meanwhile, the court appointed the clerk of court as commissioner to make a detailed examination of the accounts already submitted, and declared its order of January 30, 1937, approving the said accounts over the objection of Proceso Francisco, of no legal force and effect. The trustees entered an opposition to this decree. Upon the other hand, the oppositor-appellee, on March 22, 1937, requested for the temporary substitution of the trustees. The report for the year 1936 having been filed on April 13, 1937, an order for the joint hearing of the two annual accounts was issued. Again, Proceso Francisco made several objections to the accounts for the year 1936 with reference to certain items. In the meantime, the clerk of court submitted his report. On April 26, 1938, the court issued the following order requiring the resignation of the trustees within ten days, and appointed Father L. R. Arcaira as temporary trustee:jgc:chanrobles.com.ph

    "It appearing from the evidence submitted by the commissioner, regarding the account of the trustees, that the said trustees have not faithfully discharged their duties and that their continuance in office would cause further prejudice to the estate under trusteeship, they are hereby given ten days within which to submit their resignation. It is understood that action on the resignation will be taken by the court upon the filing and settlement of their account to be submitted by the trustees pursuant to the order of this court dated April 20, 1938. In the meantime, the parish priest of Malabon, Father L. A. Arcaira is hereby appointed temporarily trustee to take immediate possession of the property under trust and manage the same until regular trustee is duly appointed. So ordered.

    "Pasig, Rizal, Philippines, April 26, 1938.

    SIXTO DE LA COSTA

    Judge"

    Appellants assign various errors, the principal bearing on the power of the lower court to require the resignation of the trustees and the legal sufficiency of the above-questioned order for this purpose.

    The will of the deceased, Petrona Francisco, created a continuing trust, but no particular persons were named as beneficiaries. The appellants themselves did not have anything to do with the trust until their appointment by the lower court, and they were so commissioned not because of any beneficial interest they had in the estate but because their selection was approved by the lower court in the belief that they would faithfully perform their obligations. The same court found later that they "have not faithfully discharged their duties and that their continuance in office would cause-further prejudice to the estate under trustee- ship," and we cannot, on appeal, override the action of the lower court by reversing its finding, and indirectly sanction the violation of an unquestioned and legally existing trust.

    It is also contended that the order appealed from does not contain a finding of facts, as required by section 133 of the Code of Civil Procedure, and for this reason, the order is ineffectual. We find that the order read in conjunction with the report of the clerk of court as commissioner, exhibits a finding upon all the evidence presented during the trial, and is sufficient compliance with the requirements of the law. (Aringo v. Arena, 14 Phil., 263, 266.)

    The appellants likewise contend that the trial court committed grave abuse of discretion in ordering the resignation of the trustees-appellants. The power to appoint a trustee is discretionary with the court before whom application is made, and this court will decline to interfere except in cases of clear abuse. Thereafter, upon proper showing that the interests of justice would be adequately served with the removal of the incumbent trustees, it is likewise within its discretion to do so (section 587, Code of Civil Procedure), and this court will refuse to interfere in the absence of showing of grave abuse or whimsical and capricious exercise of that discretion. The order appealed from is confirmed, with costs against the appellants. So ordered.

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

    G.R. No. 46390   September 30, 1939 - CASIMIRO TIANGCO v. PROCESO FRANCISCO<br /><br />068 Phil 639


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