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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-2345   August 31, 1949 - SEGUNDO AGUSTIN, ET AL. v. MANUEL DE LA FUENTE<br /><br />084 Phil 515

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2345. August 31, 1949.]

    SEGUNDO AGUSTIN, ISAURO SANTIAGO, JOSEFINA PHODACA, AMADO HERNANDEZ, VICENTE CRUZ, and SALVADOR MARIÑO, Petitioners, v. MANUEL DE LA FUENTE, Mayor of City of Manila, Respondent.

    Salvador L. Mariño, for Petitioners.

    Acting City Fiscal of Manila A. P. Montesa and Assistant City Fiscal Arsenio Nañawa for Respondent.

    SYLLABUS


    1. PROHIBITION, WRIT OF; ITS FUNCTION. — Prohibition is a preventive remedy. Its function is to restrain the doing of some act about to be done. It is not intended to provide a remedy for acts already accomplished.


    D E C I S I O N


    REYES, A., J.:


    To rid the City of Manila of the nuisance caused by the many vendors and peddlers plying their trade on the plazas and streets of its crowded downtown districts, the city authorities conceived the idea of establishing a central market for them, and to carry out this idea, the mayor recommended to the municipal board the conversion of certain buildings in Osmeña Park into such a market and the setting aside of the sum of P52,500 to cover the costs of remodelling the buildings. In its session of March 18, 1948, the board approved the recommendation in principle, and five days later its president so informed the mayor in writing with the suggestion that "in view of the urgent need of undertaking this project," the city treasurer, pending publication of the proposed ordinance in the Official Gazette, be authorized to release the fund for the purpose already specified. Acting on this information, the mayor, on March 27, 1948, authorized the immediate release and expenditure of the fund, and with the work of remodelling the buildings started on the following month, it was completed on July 1 of the same year, at an expenditure of approximately P52,000. Thereafter, the plazas and streets in Quiapo and Sta. Cruz were cleared of vendors and peddlers, and most of these were assigned stalls in the remodelled buildings now designated as "Central Market." Shortly before this, however, the sidewalk vendors and peddlers protested the idea of their being transferred to the Central Market, and the majority of the municipal board, composed of a block opposed to the mayor, heeding the protest, approved on June 28, 1948, an amendment to the proposed ordinance in question in the sense that the sum of P52,500 therein appropriated for the Central Market was to be expended for the construction of "school buildings at the same site." As the amended ordinance as approved was vetoed by the mayor, the said majority members of the board, on July 9, 1948, brought the present action to prohibit the mayor from "converting, using, and adopting" the buildings in question for market purposes, alleging that the mayor has no authority to establish a public market in Manila as that power resides in the municipal board under section 2444, paragraph (z) of the Revised Administrative Code.

    Prohibition is a preventive remedy. Its function is to restrain the doing of some act about to be done. It is not intended to provide a remedy for acts already accomplished. (Cabañero v. Torres, 61 Phil., 522.) If the thing be already done, the writ of prohibition cannot undo it. (U. S. v. Hoffman, 4 Wall., 158, 161; 18 Law. ed., 354.)

    In the Philippine case above cited, a writ of prohibition was sought to annul a provisional license which the Secretary of Labor had issued to a foreign corporation not registered here, authorizing it to recruit laborers, and the petition also sought to prohibit the renewal of said license. But this Court denied the petition on the ground that the writ of prohibition is not intended to provide a remedy for acts already accomplished, the Court furthermore declaring that —

    "Even if the Secretary of Labor had acted illegally or in excess of his authority when he issued the provisional or temporary license in question, prohibition is not the proper remedy."cralaw virtua1aw library

    In the case now before us, it appears that when the petition was filed the remodelling of the buildings for the central market had already been completed and that very shortly thereafter, Plaza Miranda, Quezon Boulevard, Carriedo Street, and other streets in the districts of Quiapo and Sta. Cruz were cleared of curb vendors and hawkers, thanks to the establishment of said market, which gave accommodation to those of them who cared to continue their trade.

    The petitioners argue that at the time of the filing of the petition the remodelling of the buildings for the central market had not yet been totally finished as the toilet facilities therein, compared with those in other city markets, were inadequate and the stall holders were still constructing their booths. These, however, are mere details. The city engineer has certified that on July 1, 1948, the buildings had already been completely remodelled for the purpose intended and were on that date ready for occupancy by the vendors, while according to the city treasurer, the vendors have, since their ejection from the streets on the tenth of that month, been assigned places in said buildings and were, on the day he gave the information, actually doing business therein. The establishment of the Central Market is thus a consummated act which can no longer be prevented. Under the rule governing the issuance of the writ of prohibition, this preventive remedy is not now available.

    The petition is, therefore, denied, but without special pronouncement as to costs.

    Moran, C.J., Ozaeta, Paras, Feria, Bengzon, Padilla, Tuason, Montemayor and Torres, JJ., concur.

    G.R. No. L-2345   August 31, 1949 - SEGUNDO AGUSTIN, ET AL. v. MANUEL DE LA FUENTE<br /><br />084 Phil 515


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