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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
 

   
January-1949 Jurisprudence                 

  • G.R. No. L-406 January 7, 1949 - PEOPLE OF THE PHIL. v. BIENVENIDO GARCIA

    082 Phil 496

  • G.R. No. L-1449 January 7, 1949 - PEOPLE OF THE PHIL. v. JOSE DOSAL, ET AL.

    082 Phil 501

  • G.R. No. L-1656 January 7, 1949 - PEOPLE OF THE PHIL. v. ROMAN VILO

    082 Phil 524

  • G.R. No. L-1838 January 7, 1949 - PEOPLE OF THE PHIL. v. EXEQUIEL LACANLALE

    082 Phil 536

  • G.R. No. L-1874 January 7, 1949 - PEOPLE OF THE PHIL. v. MELECIO MEJIAS

    082 Phil 541

  • G.R. No. L-2327 January 11, 1949 - CANUTO F. PIMENTEL v. PEDRO FESTEJO

    082 Phil 545

  • G.R. No. L-1607 January 12, 1949 - PEOPLE OF THE PHIL. v. ATANACIO FIGUIEROA

    082 Phil 559

  • G.R. Nos. L-1846-48 January 18, 1949 - PEOPLE OF THE PHIL. v. PEDRO REYES, ET AL.

    082 Phil 563

  • G.R. No. L-1591 January 20, 1949 - PEOPLE OF THE PHIL. v. CONRADO REFUERZO

    082 Phil 576

  • In re VICENTE SOTTO, for contempt of court : January 21, 1949 - 082 Phil 595

  • G.R. No. L-365 January 21, 1949 - PEOPLE OF THE PHIL. v. ANTONIO RACAZA

    082 Phil 623

  • G.R. No. L-1278 January 21, 1949 - LORETO BARRIOQUINTO, ET AL. v. ENRIQUE A. FERNANDEZ, ET AL

    082 Phil 642

  • G.R. No. L-1369 January 21, 1949 - PEOPLE OF THE PHIL. v. MANUEL VALENCIA

    082 Phil 657

  • G.R. No. L-1187 January 25, 1949 - PEOPLE OF THE PHIL. v. EUFRACIO LANSANG

    082 Phil 662

  • G.R. No. L-1288 January 25, 1949 - PEOPLE OF THE PHIL. v. JACINTO PINEDA

    082 Phil 668

  • G.R. No. L-1561 January 25, 1949 - PEOPLE OF THE PHIL. v. JOSE CADA

    082 Phil 671

  • G.R. No. L-2456 January 25, 1949 - NICOLAS B. POTOT v. JUAN L. BAGANO, ET AL.

    082 Phil 679

  • G.R. No. L-986 January 26, 1949 - PEOPLE OF THE PHIL. v. FELIX ALCOVER

    082 Phil 681

  • G.R. No. L-1620 January 26, 1949 - PEOPLE OF THE PHIL. v. RUPERTO ARANGUREN, ET AL.

    082 Phil 696

  • G.R. No. L-300 January 28, 1949 - PEOPLE OF THE PHIL. v. FILOMENO CASTRO

    082 Phil 706

  • G.R. No. L-1481 January 28, 1949 - PEOPLE OF THE PHIL. v. EUGENIO ABENDAN, ET AL.

    082 Phil 711

  • G.R. No. L-1547 January 28, 1949 - PEOPLE OF THE PHIL. v. MAXIMO BATE

    082 Phil 716

  • G.R. No. L-1653 January 28, 1949 - PEOPLE OF THE PHIL. v. VICENTE TUMANDAO

    082 Phil 723

  • G.R. No. L-1677 January 28, 1949 - PEOPLE OF THE PHIL. v. CIRILO HUMARANG

    082 Phil 737

  • G.R. Nos. L-1642-44 January 29, 1949 - PEOPLE OF THE PHIL. v. ALEJANDRO MENDIOLA, ET AL.

    082 Phil 740

  • G.R. No. L-2186 January 29, 1949 - PEOPLE OF THE PHIL. v. JUAN BULATAO

    082 Phil 753

  • G.R. No. L-2417 January 29, 1949 - DALMACIO CELINO v. ALEJANDRO BAUTISTA

    082 Phil 756

  • G.R. No. L-1805 January 31, 1949 - PEOPLE OF THE PHIL. v. BENJAMIN ALBANO

    082 Phil 767

  • G.R. No. L-2007 January 31, 1949 - WILLIAM CHIONGBIAN v. ALFREDO DE LEON, ET AL.

    082 Phil 771

  • G.R. No. L-2676 January 31, 1949 - LI KIM THO v. GO SIU KAO, ET AL.

    082 Phil 776

  • R-CA-No. 9871 January 31, 1949 - ANTONIO AUSTRIA v. JOSE E. LAUREL, ET AL.

    082 Phil 780

  •  





     
     

    G.R. No. L-2456   January 25, 1949 - NICOLAS B. POTOT v. JUAN L. BAGANO, ET AL. <br /><br />082 Phil 679

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2456. January 25, 1949.]

    NICOLAS B. POTOT, Petitioner, v. JUAN L. BAGANO, the SECRETARY OF JUSTICE and the JUDGE OF COURT OF FIRST INSTANCE OF CEBU, Respondents.

    Ramon Deterte, Gaudioso P. Montecillo and Cecilio V. Gillamac for Petitioner.

    Solicitor General Felix Bautista Angelo and Solicitor Felix V. Makasiar for respondent, Secretary of Justice, and Juan L. Bagano for himself.

    SYLLABUS


    1. PUBLIC OFFICERS; JUSTICE OF THE PEACE; ABANDONMENT OF POSITION; ACCEPTANCE OF INCOMPATIBLE PUBLIC OFFICE. — Acceptance of other public offices incompatible with judicial functions operate as an abandonment of the position of a justice of the peace. (Floresca v. Quetulio, supra and Maddumba v. Ozaeta, supra, p. 345).


    D E C I S I O N


    TUASON, J.:


    This is a quo warranto proceeding instituted by a prewar justice of the peace whose position was filled by the appointment and confirmation of the respondent after liberation.

    The facts bring this case within the authority of Luis Floresca v. Amparo Quetulio, supra, p. 128 and Domingo Maddumba v. Roman Ozaeta, supra, p. 345. Petitioner’s acceptance of other public offices incompatible with judicial functions operate as an abandonment of the position to which he seeks reinstatement.

    It results that petitioner was appointed justice of the peace for the municipality of Pilar, Province of Cebu, in November, 1933. He held that office until April 24, 1944 (Exhibits 1 and 2), when he ceased to act for reasons not disclosed in the record. On August 19, 1945, the jurisdiction of the justice of the peace of San Francisco, Poro and Tudela, Vicente de Roda, was extended to comprise the municipality of Pilar (Exhibits 3, 4, and 5). Vicente de Roda was later succeeded by Felixberto R. Sosmeña, who was justice of the peace until April 14, 1946. From the latter date to September 1, 1946, the office of justice of the peace of Pilar was vacant. It was on the last mentioned date that the respondent entered upon the performance of his duties in that office.

    Petitioner joined the police force of the City of Cebu as lieutenant from June 11, 1947, to January 15, 1948. From January 16, 1948, to April 24 of the same year, he was Assistant Provincial Warden (Exhibits A, B and C.)

    That petitioner was forced to seek or accept these jobs in order to live would not alter the case even if we assume, for the sake of argument, that economic necessity was a valid plea. The government was not the only source of gainful employments that could have tide him over while waiting, as he says, for reappointment to his old position. The truth is that for almost two years after liberation, before he accepted other government positions, he got along outside the government. All that time, when his old position was without any permanent incumbent, he did not enter public service, and he did not raise a finger to claim his judicial post. It would seem that he lost all interest in the same until he changed his mind or found he had made a mistake.

    The petition is dismissed with costs.

    Moran, C.J., Paras, Feria, Pablo, Perfecto, Bengzon, Briones and Montemayor, JJ., concur.

    G.R. No. L-2456   January 25, 1949 - NICOLAS B. POTOT v. JUAN L. BAGANO, ET AL. <br /><br />082 Phil 679


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