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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
 

   
June-1941 Jurisprudence                 

  • G.R. No. 47032 June 6, 1941 - EL PUEBLO DE FILIPINAS v. JOSE MIRANDA, ET AL.

    072 Phil 222

  • G.R. Nos. 47038, 47039 & 47040 June 6 1941

    LUIS R. PIMENTEL v. PEOPLE OF THE PHIL.

    072 Phil 227

  • G.R. No. 47260 June 6, 1941 - BISHOP OF NUEVA CACERES v. EUGENIA M. SANTOS, ET AL.

    072 Phil 230

  • G.R. No. 47454 June 6, 1941 - ADRIANO TRINIDAD v. ANDRES S. SIOCHI, ET AL.

    072 Phil 241

  • G.R. No. 47317 June 10, 1941 - SISENANDO ABARRO v. TOMASA DE GUIA

    072 Phil 245

  • G.R. No. 47519 June 10, 1941 - EMILIANO E. GARCIA v. PAZ E. VELASCO

    072 Phil 248

  • G.R. No. 47549 June 10, 1941 - J. BENTON CLAUSEN v. ISABEL CABRERA

    072 Phil 252

  • G.R. Nos. 47646 & 47657 June 10, 1941 - FRANCISCO BALTAZAR v. ANDRES LAYUG, ET AL.

    072 Phil 254

  • G.R. No. 47684 June 10, 1941 - PEOPLE OF THE PHIL. v. DIONISIO A. MANEJA

    072 Phil 256

  • G.R. No. 47686 June 10, 1941 - COMMONWEALTH OF THE PHIL. v. TEODORO SANDIKO

    072 Phil 258

  • G.R. No. 47689 June 10, 1941 - WILFRIDO MACEDA, ET AL. v. ZOSIMO FERNANDEZ, ET AL.

    072 Phil 261

  • G.R. No. 47694 June 10, 1941 - PEOPLE OF THE PHIL. v. PATRICIO CALDITO, ET AL.

    072 Phil 263

  • G.R. No. 47756 June 10, 1941 - LUIS OCAMPO v. PEOPLE OF THE PHIL.

    072 Phil 268

  • G.R. No. 47762 June 10, 1941 - SILVERIO MORCO v. SALVADOR MUÑOZ

    072 Phil 270

  • G.R. No. 47764 June 10, 1941 - FRANCISCO V. VILLARICA v. CONCEPCION MANIKIS

    072 Phil 272

  • G.R. No. 47770 June 10, 1941 - SILVESTRE GALLANO v. PABLO S. RIVERA, ET AL.

    072 Phil 277

  • G.R. No. 47780 June 10, 1941 - CIRILO ALAFRIZ v. MARIANO NABLE, ET AL.

    072 Phil 278

  • G.R. No. 47789 June 10, 1941 - FE CASTRO DE AGBAYANI v. JUSTICE OF PEACE OF THE CAPITAL OF ILOCOS NORTE, ET AL.

    072 Phil 281

  • G.R. No. 47816 June 10, 1941 - SABINO AGUILOS v. CONRADO BARRIOS, ET AL.

    072 Phil 285

  • G.R. No. 47862 June 10, 1941 - FRANCISCA SIMON v. SINFOROSO TAGOC

    072 Phil 287

  • G.R. No. 47863 June 10, 1941 - JOSE H. JUNQUERA v. JOSE VAÑO, ET AL.

    072 Phil 293

  • G.R. No. 47892 June 10, 1941 - PABLO VALENZUELA v. VALERIO FLORES, ET AL.

    072 Phil 307

  • G.R. No. 48027 June 10, 1941 - EL INTESTADO DE BENITO VALDEZ, ET AL. v. VICENTE ALBERT, ET AL.

    072 Phil 309

  • G.R. No. 47421 June 13, 1941 - IN RE: EL REGISTRADOR DE TITULOS DE NUEVA ECIJA v. EL DIRECTOR DE TERRENOS

    072 Phil 313

  • G.R. No. 47734 June 13, 1941 - EL BANCO NACIONAL FILIPINO v. CORNELIO PINEDA, ET AL.

    072 Phil 316

  • G.R. No. 47738 June 13, 1941 - ALFREDO HIZON MERCADO, ET AL. v. BUENAVENTURA OCAMPO, ET AL.

    072 Phil 318

  • G.R. No. 47799 June 13, 1941 - ELEUTERIO NERI, ET AL. v. IGNACIA AKUTIN, ET AL.

    072 Phil 322

  • G.R. No. 47965 June 13, 1941 - EL DIRECTOR DE TERRENOS v. MARIANO ABACAHIN, ET AL.

    072 Phil 326

  • G.R. No. 47072 June 17, 1941 - EL DIRECTOR DE TERRENOS v. AGUSTIN ACOSTA, ET AL.

    072 Phil 329

  • G.R. No. 47358 June 17, 1941 - MANILA MOTOR CO., INC. v. LA CIUDAD DE MANILA

    072 Phil 336

  • G.R. No. 47432 June 17, 1941 - EUSTAQUIO FULE v. SALVADOR ABAD SANTOS, ET AL.

    072 Phil 339

  • G.R. No. 47542 June 17, 1941 - LA FABRICA DE CERVEZA DE SAN MIGUEL v. ESTEBAN C. ESPIRITU

    072 Phil 344

  • G.R. No. 47570 June 17, 1941 - IN RE: EL REGISTRADOR DE TITULOS DE PAMPANGA v. ALFREDO HIZON MERCADO

    072 Phil 353

  • G.R. No. 47580 June 17, 1941 - SIMEON MANDAC v. COURT OF APPEALS

    072 Phil 357

  • G.R. No. 47587 June 17, 1941 - VICENTE DIAZ v. A. L. YATCO

    072 Phil 360

  • G.R. No. 47660 June 17, 1941 - VISAYAN SURETY & INSURANCE CORPORATION v. VICENTE VERSOZA

    072 Phil 362

  • G.R. Nos. 47678 & 47679 June 17, 1941 - EL HOGAR FILIPINO, ET AL. v. ISIDORO DE SANTOS, ET AL.

    072 Phil 368

  • G.R. No. 47724 June 17, 1941 - HERMENEGILDO DEVEZA v. MANUEL RUIZ RUILOBA

    072 Phil 372

  • G.R. No. 47745 June 17, 1941 - JOSE OLIVER SUCCESSORS v. MARIAÑO NABLE, ET AL.

    072 Phil 376

  • G.R. No. 47771 June 17, 1941 - PACIFIC COMMERCIAL CO. v. GRACIANO DE LA RAMA

    072 Phil 380

  • G.R. No. 47837 June 17, 1941 - SEGUNDO GARCIA v. EL DIRECTOR DE TERRENOS

    072 Phil 385

  • G.R. No. 47848 June 17, 1941 - BONIFACIO DANGALAN v. DOMINGO MARTICIO, ET AL.

    072 Phil 388

  • G.R. No. 47889 June 17, 1941 - ANDRES JARDIN, ET AL. v. SEVERINA VILLAMAYOR

    072 Phil 392

  • G.R. No. 47972 June 17, 1941 - A. K. SPIELBERGER v. L. R. NIELSON

    072 Phil 396

  • G.R. No. 47538 June 20, 1941 - GONZALO PUYAT & SONS, INC. v. ARCO AMUSEMENT CO.

    072 Phil 402

  • G.R. No. 47588 June 20, 1941 - JOSE L. LIWANAG v. TOLARAM MENGHRAJ, ET AL.

    072 Phil 410

  • G.R. No. 47601 June 20, 1941 - EDUARDO C. GUICO v. NICASIO SAN PEDRO, ET AL.

    072 Phil 415

  • G.R. No. 47683 June 20, 1941 - EL GOBIERNO DE LAS ISLAS FILIPINAS v. CONSOLACION M. GOMEZ, ET AL.

    072 Phil 420

  • G.R. No. 47726 June 20, 1941 - MONTE DE PIEDAD, ET AL. v. VICTORINO DANGOY

    072 Phil 428

  • G.R. No. 47797 June 20, 1941 - JOSEFA LABOT v. EDUVIGES LIBRADA

    072 Phil 433

  • G.R. No. 47819 June 20, 1941 - LEONARDO GUISON v. LA CIUDAD DE MANILA

    072 Phil 437

  • G.R. No. 48100 June 20, 1941 - FLORENCIO PELOBELLO v. GREGORIO PALATINO

    072 Phil 441

  • G.R. No. 46966 June 24, 1941 - EL GOBIERNO DE FILIPINAS v. CHUNG LIU & COMPANY

    072 Phil 450

  • G.R. No. 47058 June 27, 1941 - PHILIPPINE RAILWAY CO. v. ASTURIAS SUGAR CENTRAL

    072 Phil 454

  • G.R. No. 47189 June 27, 1941 - A. L. AMMEN TRANS. CO. v. LA COMISION DE SERVICIOS PUBLICOS

    072 Phil 459

  • G.R. No. 47226 June 27, 1941 - PEDRO DE JESUS v. GUAN BEE CO.

    072 Phil 464

  • G.R. No. 47338 June 27, 1941 - FRANCISCO EGMIDIO v. LEON REGALADO, ET AL.

    072 Phil 479

  • G.R. No. 47354 June 27, 1941 - EL OPISPO CATOLICO ROMANO DE NUEVA SEGOVIA v. EL MUNICIPIO DE SANTA CATALINA

    072 Phil 482

  • G.R. No. 47380 June 27, 1941 - ZACARIAS DE SADUESTE v. MUNICIPALITY OF SURIGAO

    072 Phil 485

  • G.R. No. 47409 June 27, 1941 - ANGEL P. MIGUEL v. ARSENIO P. DIZON, ET AL.

    072 Phil 488

  • G.R. No. 47411 June 27, 1941 - J. A. WOLFSON v. MANILA STOCK EXCHANGE

    072 Phil 492

  • G.R. No. 47465 June 27, 1941 - VICENTE DIAZ v. POPULAR LABOR UNION OF CAIBIRAN

    072 Phil 502

  • G.R. No. 47501 June 27, 1941 - FELIX B. BAUTISTA, ET AL. v. GABRIEL LASAM, ET AL.

    072 Phil 506

  • G.R. No. 47517 June 27, 1941 - IDONAH SLADE PERKINS v. MAMERTO ROXAS, ET AL.

    072 Phil 514

  • G.R. No. 47641 June 27, 1941 - JOSEFA BUNDALIAN, ET AL. v. JUAN DE VERA, ET AL.

    072 Phil 520

  • G.R. No. 47701 June 27, 1941 - MENTHOLATUM CO. v. ANACLETO MANGALIMAN, ET AL.

    072 Phil 524

  • G.R. No. 47731 June 27, 1940

    QUINTINA R. SABADO v. LEONCIA FERNANDEZ

    072 Phil 531

  • G.R. No. 47888 June 27, 1941 - MANUEL VILLARAMA vs.JUANITO MANLUSOC

    072 Phil 538

  • G.R. No. 47931 June 27, 1941 - ADRIANO MENDOZA v. CALIXTO PILAPIL, ET AL.

    072 Phil 546

  • G.R. Nos. 47955 y 47993 June 27, 1941 - MARIANO B. ARROY, ET AL. v. ARSENIO DIZON

    072 Phil 557

  • G.R. No. 47971 June 27, 1941 - IN RE: MARIANO MAGBANUA, ET AL. v. MANUEL A. AKOL, ET AL.

    072 Phil 567

  • G.R. No. 48004 June 27, 1941 - CARLOS DORONILA v. DOLORES VASQUEZ DE ARROYO

    072 Phil 572

  • G.R. No. 47179 June 28, 1941 - PHIL. ASS’N OF MECHANICAL AND ELECTRICAL ENGINEERS v. M. JESUS CUENCO, ET AL.

    072 Phil 579

  • G.R. No. 47269 June 28, 1941 - KUAN LOW & CO. v. EL ADMINISTRADOR DE ADUANAS

    072 Phil 582

  • G.R. No. 47424 June 28, 1941 - EL BANCO NACIONAL FILIPINO v. BACOLOD-MURCIA MILLING CO., INC.

    072 Phil 583

  • G.R. No. 47586 June 28, 1941 - LIM BONFING, ET AL. v. TEODORICO RODRIGUEZ

    072 Phil 586

  • G.R. No. 47966 June 28, 1941 - LOPE ATIENZA v. MAXIMINO CASTILLO

    072 Phil 589

  • G.R. No. 47342 June 30, 1941 - HILARIO C. RODRIGUEZ v. RAMON ECHEVARRIA

    073 Phil 1

  • G.R. No. 47446 June 30, 1941 - JOSE P. BANTUG v. MAMERTO ROXAS

    073 Phil 13

  • G.R. No. 47637 June 30, 1941 - JOSE VISTAN v. EL ARZOBISPO CATOLICO ROMANO DE MANILA

    073 Phil 20

  • G.R. No. 47663 June 30, 1941 - JULIN GO v. EL BANCO NACIONAL FILIPINO

    073 Phil 27

  • G.R. No. 47768 June 30, 1941 - NORTHERN LUZON TRANSPORTATION v. COURT OF INDUSTRIAL RELATIONS, ET AL.

    073 Phil 41

  • G.R. No. 47790 June 30, 1941 - IN RE: EMILIANO GUZMAN

    073 Phil 51

  •  





     
     

    G.R. No. 47517   June 27, 1941 - IDONAH SLADE PERKINS v. MAMERTO ROXAS, ET AL. <br /><br />072 Phil 514

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 47517. June 27, 1941.]

    IDONAH SLADE PERKINS, Petitioner, v. MAMERTO ROXAS, ET AL., Respondents.

    Alva J. Hill for Petitioner.

    DeWitt, Perkins & Ponce Enrile for respondent Judge and respondent Perkins.

    Ross, Lawrence, Selph & Carrascoso, Jr., for respondent Benguet Consolidated Mining Co.

    SYLLABUS


    1. COURTS; MEANING OF JURISDICTION OVER SUBJECT MATTER; ADJUDICATION OF TITLE TO CERTAIN SHARES OF STOCK. — By jurisdiction over the the subject matter is meant the nature of the cause of action and of the relief sought, and this is conferred by the sovereign authority which organizes the court, and is to be sought for in the general nature of its power, or in authority specially conferred. The respondent’s action calls for the adjudication of title to certain shares of stock of the Benguet Consolidated Mining Company, and the granting of affirmative reliefs, which fall within the general jurisdiction of the Court of First Instance of Manila. (Vide sec. 146, et seq., Adm. Code, as amended by Comm. Act No. 145; sec 56, Act No. 136, as amended by Act No. 400.)

    2. ID.; ID.; CROSS-COMPLAINT. — I. S. P. in her cross-complaint brought suit against E. A. P. and the Benguet Consolidated Mining Company upon the alleged judgment of the Supreme Court of the State of New York and asked the court below to render judgment enforcing that New York judgment, and to issue execution thereon. This is a form of action recognized by section 309 of the Code of Civil Procedure (now section 47, Rule 39, Rules of Court) and which falls within the general jurisdiction of the Court of First Instance of Manila, to adjudicate, settle and determine.

    3. ID.; ID.; ID.; — Whether or not the respondent judge in the course of the proceedings will give validity and efficacy to the New York judgment set up by the petitioner in her cross-complaint is a question that goes to the merits of the controversy and relates to the rights of the parties as between each other, and not to the jurisdiction or power of the court. The test of jurisdiction is whether or not the tribunal has power to enter upon the inquiry, no whether its conclusion in the course of it is right or wrong. If its decision is erroneous, its judgment can be reversed on appeal; but its determination of the question, which the petitioner here anticipates and seeks to prevent, is the exercise by the court — and the rightful exercise — of its jurisdiction.


    D E C I S I O N


    LAUREL, J.:


    On July 5, 1938, the respondent, Eugene Arthur Perkins, filed a complaint in the Court of First Instance of Manila against the Benguet Consolidated Mining Company for the recovery of the sum of P71,379.90, consisting of dividends which have been declared and made payable on 52,874 shares of stock registered in his name, payment of which was being withheld by the company, and for the recognition of his right to the control and disposal of said shares, to the exclusion of all others. To the complaint, the company filed its answer, alleging, by way of defense, that the withholding of plaintiff’s right to the disposal and control of the shares was due to certain demands made with respect to said shares by the petitioner herein, Idonah Slade Perkins, and by one George H. Engelhard. The answer prays that the adverse claimants be made parties to the action and served with notice thereof by publication, and that thereafter all such parties be required to interplead and settle the rights among themselves.

    On September 5, 1938, the trial court ordered the respondent, Eugene Arthur Perkins, to include in his complaint as parties defendants petitioner, Idonah Slade Perkins, and George H. Engelhard. The complaint was accordingly amended and in addition to the relief prayed for in the original complaint, respondent Perkins prayed that petitioner Idonah Slade Perkins and George H. Engelhard be adjudged without interest in the shares of stock in question and excluded from any claim they assert thereon. Thereafter, summons by publication were served upon the non-resident defendants, Idonah Slade Perkins and George H. Engelhard, pursuant to the order of the trial court. On December 9, 1938, Engelhard filed his answer to the amended complaint, and on January 8, 1940, petitioner’s objection to the court’s jurisdiction over her person having been overruled by the trial court and by this court in G. R. No. 46831, petitioner filed her answer with a cross-complaint in which she sets up a judgment allegedly obtained by her against respondent, Eugene Arthur Perkins, from the Supreme Court of the State of the New York, wherein it is declared that she is the sole legal owner and entitled to the possession and control of the shares of stock in question together with all the cash dividends declared thereon by the Benguet Consolidated Mining Company, and prays for various affirmative reliefs against the Respondent. To the answer and cross-complaint thus filed, the respondent, Eugene Arthur Perkins, filed a reply and an answer in which he sets up several defenses to the enforcement in this jurisdiction of the judgment of the Supreme Court of the State of New York above alluded to. Instead of demurring to the reply on either of the two grounds specified in section 100 of the Code of Civil Procedure, Petitioner, Idonah Slade Perkins, on June 5, 1940, filed a demurrer thereto on the ground that "the court has no jurisdiction of the subject of the action," because the alleged judgment of the Supreme Court of the State of New York is res judicata.

    Petitioner’s demurrer having been overruled, she now filed in this court a petition entitled" Certiorari, Prohibition and Mandamus," alleging that "the respondent judge is about to and will render judgment in the above-mentioned case disregarding the constitutional rights of this petitioner; contrary to and annulling the final, subsisting, valid judgment rendered and entered in this petitioner’s favor by the courts of the State of New York, . . . which decision is res judicata on all the questions constituting the subject matter of civil case No. 53317, of the Court of First Instance of Manila; and which New York judgment the Court of First Instance of Manila is without jurisdiction of annul, amend, reverse, or modify in any respect whatsoever" ; and praying that the order of the respondent judge overruling the demurrer be annulled, and that he and his successors be permanently prohibited from taking any action on the case, except to dismiss the same.

    The only question here to be determined, therefore, is whether or not, in view of the alleged judgment entered in favor of the petitioner by the Supreme Court of New York, and which is claimed by her to be res judicata on all questions raised by the respondent, Eugene Arthur Perkins, in civil case No. 53317 of the Court of First Instance of Manila, the local court has jurisdiction over the subject matter of the action in the said case. By jurisdiction over the subject matter is meant the nature of the cause of action and of the relief sought, and this is conferred by the sovereign authority which organizes the court, and is to be sought for in general nature of its powers, or in authority specially conferred. In the present case, the amended complaint filed by the respondent, Eugene Arthur Perkins, in the court below alleged the ownership in himself of the shares of stock involved in this action as manager of the conjugal partnership between him and his wife, Idonah Slade Perkins; that the petitioner, Idonah Slade Perkins; that such claims are invalid, unfounded, and made only for the purpose of vexing, hindering and delaying Eugene Arthur Perkins in the exercise of the lawful control over and use of said amended complaint prays, inter alia, "that defendant Benguet Consolidated Mining Company be required and ordered to recognize the right of the plaintiff to the control and disposal of said shares so standing in his name to the exclusion of all others; that the additional defendants, Idonah Slade Perkins and George H. Engelhard, be each held to have no interest or claim in the subject matter of the controversy between plaintiff and defendant Benguet Consolidated Mining Company, or in or under the judgment to be rendered herein and that by the said judgment they, and each of them be excluded therefrom; and that the plaintiff be awarded the costs of this suit and general relief." The respondent’s action, therefore, calls for the adjudication of title to certain shares of stock of the Benguet Consolidated Mining Company, and the granting of affirmative reliefs, which fall within the general jurisdiction of the Court of First Instance of Manila. (Vide: sec. 146, et seq., Adm. Code, as amended by Commonwealth Act No. 145; sec. 56, Act No. 136, as amended by Act No. 400.)

    Similarly, the Court of First Instance of Manila is empowered to adjudicate the several demands contained in petitioner’s cross- complaint. The cross-complaint sets up a judgment allegedly recovered by Idonah Slade Perkins against Eugene Arthur Perkins in the Supreme Court of New York and by way of relief prays:jgc:chanrobles.com.ph

    "(1) Judgment against the plaintiff Eugene Arthur Perkins in the sum of one hundred eighty-five thousand and four hundred dollars ($185,400), representing cash dividend of March 30, 1937.

    "(2) That plaintiff Eugene Arthur Perkins be required to deliver to this defendant the certificates representing the 48,000 shares of capital stock of Benguet Consolidated Mining Co. issued as a stock dividend on the 24,000 shares owned by this defendant as described in the judgment Exhibit 1-A.

    "(3) That this defendant recover under that judgment Exhibit 1-A interest upon the amount of each cash dividend referred to in that judgment received by plaintiff Eugene Arthur Perkins from February, 1930, to and including the dividend of March 30, 1937, from the date of payment of each of such dividends at the rate of 7 per cent per annum until paid.

    "(4) That this defendant recover of plaintiff her costs and disbursements in that New York action amounting to the sum of one thousand five hundred eighty-four and 20/000 dollars ($1,584.00), and the further sum of two thousand dollars ($2,000) granted her in that judgment Exhibit 1-A as an extra allowance, together with interest.

    "(5) For an order directing an execution to be issued in favor of this defendant and against the plaintiff for amounts sufficient to satisfy the New York judgment Exhibit 1-A in its entirety, and against the plaintiff and the defendant Benguet Consolidated Mining Co. for such other amounts prayed for herein as this court may find to be due and payable by each of them; and ordering them to comply with all other orders which this court may issue in favor of the defendant in this case.

    "(6) For the costs of this action, and

    "(7) For such other relief as may be appropriate and proper in the premises."cralaw virtua1aw library

    In other words, Idonah Slade Perkins in her cross-complaint brought suit against Eugene Arthur perkins and the Benguet Consolidated Mining Company upon the alleged judgment of the Supreme Court of the State of New York and asked the court below to render judgment enforcing that New York judgment, and to issue execution thereon. This is a form of action recognized by section 309 of the Code of Civil Procedure (now section 47, Rule 39, Rules of Court) and which falls within the general jurisdiction of the Court of First Instance of Manila, to adjudicate, settle and determine.

    The petitioner expresses the fear that the respondent judge may render judgment "annulling the final, subsisting, valid judgment rendered and entered in this petitioner’s favor by the courts of the State of New York, . . . which decision is res judicata on all the questions constituting the subject matter of civil case No. 53317," and argues on the assumption that the respondent judge is without jurisdiction to take cognizance of the cause. Whether or not the respondent judge in the course of the proceedings will give validity and efficacy to the New York judgment set up by the petitioner in her cross-complaint is a question that goes to the merits of the controversy and relates to the rights of the parties as between each other, and not to the jurisdiction or power of the court. The test of jurisdiction is whether or not the tribunal has power to enter upon the inquiry, not whether its conclusion in the course of it is right or wrong. If its decision is erroneous, its judgment can be reversed on appeal; but its determination of the question, which the petitioner here anticipates and seeks to prevent, is the exercise by that court — and the rightful exercise — of its jurisdiction.

    The petition is, therefore, hereby denied, with costs against the petitioner. So ordered.

    Avanceña, C.J., Diaz, Moran and Horrilleno, JJ., concur.

    G.R. No. 47517   June 27, 1941 - IDONAH SLADE PERKINS v. MAMERTO ROXAS, ET AL. <br /><br />072 Phil 514


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