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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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PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
December-1949 Jurisprudence                 

  • G.R. No. L-2502 December 1, 1949 - PROVINCIAL FISCAL OF ILOCOS NORTE v. CEFERINO DE LOS SANTOS, ET AL

    085 Phil 77

  • G.R. No. L-2836 December 6, 1949 - ENGRACIA G. DE PONCE v. ALICIA VASQUEZ SAGARIO, ET AL

    085 Phil 79

  • G.R. No. L-2466 December 7, 1949 - PEOPLE OF THE PHIL. v. ANTONIO TUAZON

    085 Phil 85

  • G.R. No. L-2580 December 7, 1949 - PABLO RICOHERMOSO v. JUAN P. ENRIQUEZ, ET AL

    085 Phil 88

  • G.R. No. L-2593 December 7, 1949 - FELIX AZOTES v. MANUEL BLANCO, ET AL

    085 Phil 90

  • G.R. No. L-2652 December 7, 1949 - JULIA LORENZO, ET AL v. MUNICIPAL COUNCIL OF NAIC, ET AL

    085 Phil 92

  • G.R. No. L-2758 December 7, 1949 - CLARO J. GIL, ET AL v. F. IMPERIAL REYES, ET AL

    085 Phil 97

  • G.R. No. L-3452 December 7, 1949 - NACIONALISTA PARTY v. FELIX ANGELO BAUTISTA

    085 Phil 101

  • G.R. No. L-3474 December 7, 1949 - NACIONALISTA PARTY v. VICENTE DE VERA

    085 Phil 126

  • G.R. No. L-2354 December 13, 1949 - ALFONSO ARANETA v. MARTA CUI VDA. DE SANSON

    085 Phil 142

  • G.R. No. L-2672 December 13, 1949 - UNIVERSITY OF SANTO TOMAS v. BUENAVENTURA OCAMPO, ET AL

    085 Phil 144

  • G.R. No. L-3521 December 13, 1949 - NACIONALISTA PARTY ET AL. v. COMELEC

    085 Phil 149

  • G.R. No. L-2722 December 15, 1949 - NICOLAS LIZARES & CO. v. BIENVENIDO TAN

    085 Phil 159

  • G.R. No. L-2802 December 23, 1949 - ROSA PASCUAL, ET AL v. BIENVENIDO A. TAN, ET AL

    085 Phil 164

  • G.R. No. L-2936 December 23, 1949 - TIDE WATER ASSOCIATED OIL CO. v. VICTORY EMPLOYEES, ET AL

    085 Phil 166

  • G.R. No. L-867 December 29, 1949 - ANTONIO DEL ROSARIO ET AL. v. CARLOS SANDICO ET AL.

    085 Phil 170

  • G.R. No. L-1349 December 29, 1949 - H. D. KNEEDLER v. SIMON PATERNO

    085 Phil 183

  • G.R. No. L-1773 December 29, 1949 - ALEJANDRO ANDRES, ET AL v. COURT OF APPEALS, ET AL.

    085 Phil 192

  • G.R. No. L-1811 December 29, 1949 - GREGORIO BALVERAN, ET AL v. COURT OF APPEALS

    085 Phil 199

  • G.R. No. L-1877 December 29, 1949 - H. P. HOSKYNS v. NAT’L. CITY BANK OF NEW YORK

    085 Phil 201

  • G.R. No. L-1965 December 29, 1949 - EDUARDO OSORIO v. MARINA OSORIO

    085 Phil 209

  • G.R. No. L-2020 December 29, 1949 - LA ORDEN DE PADRES BENEDICTINOS DE FILIPINAS v. PHIL. TRUST CO.

    085 Phil 217

  • G.R. No. L-2360 December 29, 1949 - GAVINO ALDAMIZ v. JUDGE OF THE COURT OF FIRST INSTANCE OF MINDORO, ET AL

    085 Phil 228

  • G.R. No. L-2404 December 29, 1949 - FABIAN B. S. ABELLERA v. FELICIANO GARCIA

    085 Phil 237

  • G.R. No. L-2634 December 29, 1949 - PACIFIC IMPORTING & EXPORTING CO. v. CATALINO TINIO, ET AL

    085 Phil 239

  • G.R. No. L-2570 December 29, 1949 - BACHRACH MOTOR CO. v. RURAL TRANSIT EMPLOYEES’ ASSO.

    085 Phil 242

  • G.R. No. L-2678 December 29, 1949 - ANTONIO C. ARAGON v. MARCOS JORGE

    085 Phil 246

  • G.R. No. L-2717 December 29, 1949 - IRINEO FACUNDO v. BIENVENIDO A. TAN ET AL.

    085 Phil 249

  • G.R. No. L-2752 December 29, 1949 - URBANO OLAVARIO ET AL. v. JUAN T. VILLANUEVA

    085 Phil 254

  • G.R. No. L-2842 December 29, 1949 - JOSE T. VALMONTE, ET AL v. MARIANO NABLE, ET AL

    085 Phil 256

  • G.R. No. L-2850 December 29, 1949 - ONG KIM PAN, ET AL v. FRANCISCO GERONIMO, ET AL

    085 Phil 261

  • G.R. No. L-2942 December 29, 1949 - SILVESTRA COQUIA, ET AL v. RODOLFO BALTAZAR, ET AL

    085 Phil 265

  • G.R. No. L-3039 December 29, 1949 - VICTORIO REYNOSO, ET AL v. VICENTE SANTIAGO, ET AL

    085 Phil 268

  • G.R. No. L-3261 December 29, 1949 - HECTOR G. PALILEO v. FRED RUIZ CASTRO, ET AL

    085 Phil 272

  • G.R. No. L-2529 December 31, 1949 - J. A. SISON v. BOARD OF ACCOUNTANCY, EZT AL

    085 Phil 276

  • G.R. No. L-2720 December 31, 1949 - HEMANDAS UDHARAM v. RAFAEL DINGLASAN

    085 Phil 284

  • G.R. No. L-2893 December 31, 1949 - AGRIPINO JIMINEZ, ET AL v. EUSEBIO F. RAMOS

    085 Phil 286

  •  





     
     

    G.R. No. L-2466   December 7, 1949 - PEOPLE OF THE PHIL. v. ANTONIO TUAZON<br /><br />085 Phil 85

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2466. December 7, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANTONIO TUAZON, Defendant-Appellant.

    Luis F. Baquizal for Appellant.

    Solicitor General Felix Bautista Angelo and Solicitor Ramon L. Avanceña for Appellee.

    SYLLABUS


    1. AMNESTY; THE KILLING OF ONE SUSPECTED AS A SPY OR TRAITOR FALLS UNDER AMNESTY PROCLAMATION No. 8. — In this case it was clearly shown by the evidence that the killing of N in which the accused had participated was not due to any personal motive but to the fact or suspicion that the victim was a traitor, hence, that the appellant is entitled to the benefits of the Guerrilla Amnesty.


    D E C I S I O N


    TUASON, J.:


    Antonio Tuazon, the appellant, was prosecuted with several others in two cases in the Court of First Instance of Catanduanes, charged with kidnapping and murder. Some of his codefendants were acquitted and the rest were at large and were not tried. Tuazon was himself acquitted in one case but was convicted in the other, in which the victim was Agapito Naval, and sentenced to life imprisonment and to pay P2,000 indemnity.

    It appears that the appellant was a guerrilla. With other guerrillas he seized various persons, one of whom was Agapito Naval, in the municipality of Pandan, Province of Catanduanes, on or about January 10, 1944. On the following day, the prisoners were taken to Caramoan, Camarines Sur, except one woman who was killed by some of Tuazon’s companions in barrio Malabiga, Catanduanes, after they had separated from the main group of which Tuazon formed part and which proceeded to the last-named municipality with the other prisoners. In Caramoan, the prisoners were lodged in a school building awaiting the arrival of the guerrilla commander, one Major Garcia.

    When Major Garcia arrived he maltreated some of the prisoners. Then he, Tuazon and other guerrillas questioned the arrested men. Thereafter a scaffold was constructed, Naval was led thereto, and Tuazon spoke about Naval’s alleged treasonable activities and exhorted the large crowd of townspeople who had gathered at the place not to follow the example of the condemned man. Then the latter was hanged. The other prisoners were set free a few days later.

    The question is whether Tuazon’s participation in Naval’s capture and hanging falls within the terms of Guerrilla Amnesty Proclamation No. 8, issued on September 7, 1946. The Solicitor General thinks that it does and recommends reversal of the judgment.

    Zoilo Sales, one of the men taken with Naval by the guerrillas, testified that in Caramoan he was questioned regarding his supposed pro-Japanese leanings, while Jorge Bobis, another prisoner, stated that he was asked about his alleged connection with certain Manalaysay, who was suspected of organizing an armed force to fight the guerrillas. Bobis also testified that he and his co-prisoners were referred to by the guerrillas as the pro-Japanese from Pandan who dubbed the guerrillas "tulisanes." In addition to this testimony, Concepcion Naval, Agapito’s daughter, stated that before her father was picked up, one Icawat warned Naval and his family that Tuazon and two other guerrillas had reported him to Major Garcia as a spy for the Japanese; that Icawat advised Agapito and his family to leave Pandan but that Agapito did not heed the warning; that later, on January 4, 1944, when Tuazon, Icasiano and Cebuano came to get Naval and did not find him, the guerrillas told the witness that her father was suspected of being a spy for the enemy. She further said that when her father was being detained in Caramoan she begged Tuazon to intercede for him but that Tuazon replied it was impossible to comply with her request because her parent had been reported to be a spy and Tuazon had orders to bring him to the guerrilla headquarters.

    It seems clear from this evidence, all given by witnesses for the prosecution themselves, that Agapito Naval’s execution was motivated by his suspected pro-Japanese sympathy. The fact alone that the prisoners were examined in Caramoan and all, except Naval, were discharged, is proof that the hanging was due not to any personal motive but to the fact or suspicion that he was a traitor.

    For all these reasons, the appealed judgment is reversed and the case is dismissed, with costs de oficio.

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

    G.R. No. L-2466   December 7, 1949 - PEOPLE OF THE PHIL. v. ANTONIO TUAZON<br /><br />085 Phil 85


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