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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
 

   
August-1949 Jurisprudence                 

  • G.R. No. L-1261 August 2, 1949 - CATALINA OSMEÑA DE VALENCIA, ET AL. v. EMILIA RODRIGUEZ, ET AL.

    084 Phil 222

  • G.R. No. L-3059 August 2, 1949 - VICENTE G. CRUZ, ET AL. v. PLACIDO RAMOS, ET AL.

    084 Phil 226

  • G.R. No. L-1494 August 3, 1949 - ALLISON J. GIBBS v. EULOGIO RODRIGUEZ, ET AL.

    084 Phil 230

  • G.R. No. L-1514 August 5, 1949 - BONIFACIO VILLAREAL v. PEOPLE OF THE PHIL.

    084 Phil 264

  • G.R. No. L-1826 August 5, 1949 - JOSE L. GOMEZ, ET AL. v. MIGUELA TABIA

    084 Phil 269

  • G.R. No. L-48346 August 9, 1949 - DESTILERIA C. AYALA, INC. v. LIGA NACIONAL OBRERA DE FILIPINAS, ET AL

    084 Phil 280

  • G.R. No. L-1438 August 11, 1949 - SOCORRO C. VDA. DE ARANETA v. REHABILITATION FINANCE CORP.

    084 Phil 282

  • G.R. No. L-1935 August 11, 1949 - PEOPLE OF THE PHIL. v. ELADIO BALOTOL

    084 Phil 289

  • G.R. No. L-2062 August 11, 1949 - JESUS B. LOPEZ v. RAFAEL DINGLASAN, ET AL.

    084 Phil 292

  • G.R. No. L-1367 August 16, 1949 - PIO PORTEA v. JACINTO PABELLON, ET AL.

    084 Phil 298

  • G.R. No. L-1892 August 16, 1949 - JACINTO NOTOR v. RAMON MARTINEZ, ET AL.

    084 Phil 300

  • G.R. No. L-1956 August 16, 1949 - LETICIA H. CALDERA, ET AL. v. EUSEBIO BALCUEBA, ET AL.

    084 Phil 304

  • G.R. No. L-3025 August 16, 1949 - PEOPLE OF THE PHIL. v. ILDEFONSO DE CASTRO, JR.

    084 Phil 306

  • G.R. No. L-1648 August 17, 1949 - PEDRO SYQUIA, ET AL. v. NATIVIDAD ALMEDA LOPEZ

    084 Phil 312

  • G.R. No. L-1029 August 23, 1949 - PEOPLE OF THE PHIL. v. REYNALDO L. RAMOS

    084 Phil 326

  • G.R. No. L-2016 August 23, 1949 - RICHARD THOMAS FITZSIMMONS v. ATLANTIC, GULF & PACIFIC CO. OF MLA.

    084 Phil 330

  • G.R. No. L-2035 August 23, 1949 - ANGELITA V. VILLANUEVA, ET AL. v. DIRECTOR OF POSTS

    084 Phil 350

  • G.R. No. L-1761 August 24, 1949 - IN RE: JOSE LEELIN v. REPUBLIC OF THE PHIL.

    084 Phil 352

  • G.R. No. L-1544 August 25, 1949 - F. V. LARRAGA, ET AL. v. EULOGIA B. BAÑEZ, ET AL.

    084 Phil 354

  • G.R. No. L-2766 August 25, 1949 - PABLO P. ROBATON v. DIRECTOR OF PRISONS

    084 Phil 357

  • G.R. No. L-2828 August 25, 1949 - JOAQUIN GOZUN, ET AL. v. REPUBLIC OF THE PHIL, ET AL.

    084 Phil 359

  • G.R. No. L-1760 August 26, 1949 - MARIA MOLATO, ET AL. v. CELEDONIA ARCOS, ET AL.

    084 Phil 361

  • G.R. No. L-2372 August 26, 1949 - INT’L. HARVESTER CO. OF THE PHIL. v. CRISANTO ARAGON, ET AL.

    084 Phil 363

  • G.R. No. L-2044 August 26, 1949 - J. ANTONIO ARANETA v. RAFAEL DINGLASAN, ET AL.

    084 Phil 368

  • G.R. No. L-1617 August 29, 1949 - PANFILO B. MORALES, ET AL. v. OSCAR VENTANILLA, ET AL.

    084 Phil 459

  • G.R. Nos. L-1625 & L-1626 August 30, 1949 - PEOPLE OF THE PHIL. v. LORENZO PINEDA

    084 Phil 465

  • G.R. No. L-1563 August 30, 1949 - IN RE: JOSE GO v. ANTI-CHINESE LEAGUE OF THE PHIL.

    084 Phil 468

  • G.R. No. L-1542 August 30, 1949 - JOSE CRISTOBAL v. PEOPLE OF THE PHIL.

    084 Phil 473

  • G.R. No. L-1485 August 30, 1949 - PEOPLE OF THE PHIL. v. PABLO DESLATE

    084 Phil 479

  • G.R. No. L-1442 August 30, 1949 - MIGUEL R. MATEO v. PUBLIC SERVICE COMMISSION, ET AL.

    084 Phil 482

  • G.R. No. L-2166 August 30, 1949 - ESTRELLA LEDESMA v. EDUARDO ENRIQUEZ

    084 Phil 483

  • G.R. No. L-2452 August 30, 1949 - LORENZO LLAMOSO v. VICENTE FERRER, ET AL.

    084 Phil 489

  • G.R. No. L-2894 August 30, 1949 - BUCRA CORP. v. HIGINO B. MACADAEG. ET AL.

    084 Phil 493

  • G.R. No. L-3063 August 30, 1949 - MACARIO QUINTERO, ET AL. v. FELIX MARTINEZ, ET AL.

    084 Phil 496

  • G.R. No. L-3226 August 30, 1949 - DOMINADOR S. PONGOS v. HIDALGO ENTERPRISES, INC., ET AL.

    084 Phil 499

  • G.R. No. L-1358 August 31, 1949 - MARIETA J. ROTEA, ET AL. v. LEVY HERMANOS, INC., ET AL.

    084 Phil 502

  • G.R. No. L-1827 August 31, 1949 - ALFREDO CATOLICO v. IRINEO RANJO, ET AL.

    084 Phil 505

  • G.R. No. L-2262 August 31, 1949 - FLORENTINA ZAFRA VDA. DE VALENZUELA v. BERNABE DE AQUINO, ET AL.

    084 Phil 507

  • G.R. No. L-2345 August 31, 1949 - SEGUNDO AGUSTIN, ET AL. v. MANUEL DE LA FUENTE

    084 Phil 515

  • G.R. No. L-2480 August 31, 1949 - FLORENTINA ZAFRA VDA. DE VALENZUELA v. IRENE ZAFRA DE AGUILAR

    084 Phil 518

  • G.R. No. L-2754 August 31, 1949 - FIDEL ABRIOL v. VICENTE HOMERES

    084 Phil 525

  •  





     
     

    G.R. No. L-1544   August 25, 1949 - F. V. LARRAGA, ET AL. v. EULOGIA B. BAÑEZ, ET AL. <br /><br />084 Phil 354

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-1544. August 25, 1949.]

    F. V. LARRAGA and FLORENTINA ENTEREZO, Plaintiffs-Appellees, v. EULOGIA B. BAÑEZ ET AL., Defendants-Appellants.

    Antonio Montilla for Appellants.

    Mateo Canonoy for Appellees.

    SYLLABUS


    1. OBLIGATION AND CONTRACTS; VALIDITY OF PAYMENTS IN JAPANESE MILITARY NOTES MADE DURING OCCUPATION. — Payments of pre-war obligations made in Japanese Military notes during occupation is valid and extinguished the debts to the full extent of the amount therein paid, (Haw Pia v. China Banking Corporation, 80 Phil., 604: 45 Off. Gaz. [Supp. to No. 9], 229 and that there was no collective and general duress exercised by the enemy to that effect. (Philippine Trust Company v. Araneta, G. B. No. L-2734, March 17, 1949. 1)


    D E C I S I O N


    PARAS, J.:


    On November 26, 1941, the defendants obtained a loan of P5,000 from the plaintiffs, payable within three years with interest at the rate of ten per cent per annum, and to secure the same the defendants executed a mortgage in favor of the plaintiffs over a lot situated in Tacloban, Leyte. On April 18, 1944, the defendants paid to the plaintiffs in Japanese military notes the principal of P5,000, plus P1,352.50 as interest. In virtue of this payment, the plaintiffs executed an instrument releasing the mortgage.

    On February 13, 1945, the plaintiffs filed in the Court of First Instance of Leyte a complaint against the defendants, alleging that the plaintiffs were compelled to accept the payment tendered by the defendants merely in obedience to the instructions of the Japanese military authorities and to avoid the possible punishment that a refusal to accept might bring about, and praying that said payment and the instrument of release executed by the plaintiffs on April 18, 1944, be declared null and void. After answer by the defendants and trial, the Court of First Instance of Leyte rendered judgment holding that the defendants had made a valid tender of payment which the plaintiffs were bound to accept, regardless of their apprehension as to the consequences of their refusal; that the payment of P5,000 in Japanese money on April 18, 1944, was valid only to the extent of one-third of its value in Philippine peso; that the interest on the loan was fully paid; that the cancellation of the mortgage was valid only in so far as one-third of P5,000 is concerned, said mortgage being subsisting as to the unpaid balance of P3,333.33 1/3. The judgment accordingly sentenced the defendants to pay to the plaintiffs the sum of P3,333.33 1/3 after the debt moratorium shall have been duly lifted, and ordered that, upon default on the part of the defendants, the mortgage be foreclosed. From this judgment the defendants have appealed.

    The lower court is correct in holding that the payment tendered by the defendants and accepted by the plaintiffs was valid, but it erred in holding that said payment was valid only to the extent of one-third of the indebtedness. In the case of Haw Pia v. China Banking Corporation, 80 Phil. 604; 45 Off. Gaz. (Supp. to No. 9), 229, we have already made the pronouncement that the military occupant, in the exercise of its governmental power, has the right to issue military currency as legal tender, and that whatever might have been the intrinsic or extrinsic worth of the Japanese war notes is of no consequence, said war notes having been issued as legal tender at par with the Philippine peso. Accordingly, the payment made by the defendants in the amount of P5,000 must be considered as having satisfied the full indebtedness of the defendants amounting to P5,000.

    In view of this conclusion, it follows that the mortgage executed by the defendants to secure said indebtedness had ceased to be in force, the principal obligation having been paid up. It is therefore immaterial whether the deed of cancellation executed by the plaintiffs was tainted with reluctance on their part. At any rate, in the case of Philippine Trust Company v. Araneta, G.R. No. L-2734, decided on March 17, 1949, it has been ruled in effect that there was no collective and general duress exercised by the Japanese military occupant in ordering that war notes might be used in making payments of all kinds and that any attempt to interfere with the circulation of said notes, such as rejection of payment with said notes, would be considered hostile and punished severely.

    Wherefore, the appealed judgment is hereby reversed and the defendants are absolved from the complaint, with costs against the plaintiffs and appellees. So ordered.

    Moran, C.J., Ozaeta, Feria, Montemayor and Reyes, JJ., concur.

    Bengzon, J., concurs in the result.

    Separate Opinions


    TUASON, J., concurring:chanrob1es virtual 1aw library

    I concur in the result. This concurrence is based on the fact that the plaintiffs have not proved that they were coerced into accepting the payment. Having accepted the payment voluntarily, the plaintiffs are estopped to repudiate it.

    PADILLA, J.:


    I join Mr. Justice Tuason in his opinion.

    Endnotes:



    1. 83 Phil., 132.

    G.R. No. L-1544   August 25, 1949 - F. V. LARRAGA, ET AL. v. EULOGIA B. BAÑEZ, ET AL. <br /><br />084 Phil 354


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