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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-1949 Jurisprudence                 

  • C.A. No. 793 June 9, 1949 - MARCOS ROQUE, ET AL. v. LEONCIA SONGCO, ET AL.

    084 Phil 1

  • G.R. No. L-1408 June 11, 1949 - MARIA BAUTISTA v. JOSE B. L. REYES, ET AL.

    084 Phil 3

  • G.R. No. L-1086 June 13, 1949 - BELLA BERNARDINO, ET AL.vs. EL ARZOBISPO CATOLICO DE MANILA

    084 Phil 8

  • G.R. No. L-1081 June 14, 1949 - MARIA DE LA CRUZ v. PEDRO BUENAVENTURA, ET AL.

    084 Phil 12

  • G.R. No. L-670 June 16, 1949 - SEGUNDA SANTIAGO, ET AL. v. PABLO VALENZUELA, ET AL.

    084 Phil 14

  • G.R. No. L-1522 June 16, 1949 - EL PUEBLO DE FILIPINAS v. MARCIANO O. MERIALES

    084 Phil 18

  • G.R. No. L-1568 June 16, 1949 - PEOPLE OF THE PHIL. v. VALENTIN ERAÑA ET AL.

    084 Phil 21

  • G.R. No. L-2261 June 16, 1949 - PAMPANGA BUS CO. v. EMPLOYEES ASS’N OF THE PAMPANGA BUS CO.

    084 Phil 31

  • G.R. No. L-2428 June 20, 1949 - PEOPLE OF THE PHIL. v. ROQUE MARIQUlNA, ET AL.

    084 Phil 39

  • G.R. No. L-1855 June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL.

    084 Phil 45

  • G.R. No. L-923 June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON

    084 Phil 48

  • G.R. No. L-1305 June 24, 1949 - PEOPLE OF THE PHIL. v. BERNABE GALO

    084 Phil 52

  • G.R. No. L-1513 June 24, 1949 - PEOPLE OF THE PHIL. v. AKAI, ET AL.

    084 Phil 54

  • G.R. No. L-2063 June 24, 1949 - PEOPLE OF THE PHIL. v. CEFERINO BARTIQUIN

    084 Phil 59

  • G.R. No. L-2137 June 24, 1949 - PEOPLE OF THE PHIL. v. MAMILLANO GRIAR

    084 Phil 64

  • G.R. No. L-2949 June 24, 1949 - ROBERT L. WEADOCK, ET AL., v. MACARIO OFILADA, ET AL.

    084 Phil 68

  • G.R. No. L-565 June 27, 1949 - PEOPLE OF THE PHIL. v. ROQUE BADILI

    084 Phil 71

  • G.R. No. L-1080 June 27, 1949 - PEOPLE OF THE PHIL. v. JOSE JAVIER ALMODOVAR

    084 Phil 76

  • G.R. No. L-1373 June 27, 1949 - PEOPLE OF THE PHIL. v. EUFRONIO VISAGAR

    084 Phil 84

  • G.R. Nos. L-1604, L-1712 & L-1713 June 27, 1949 - PEOPLE OF THE PHIL. v. SERVILLANO FALTADO, ET AL.

    084 Phil 89

  • G.R. Nos. L-1820-21 June 27, 1949 - PEOPLE OF THE PHIL. v. PAULO SANTOS, ET AL.

    084 Phil 97

  • G.R. No. L-2012 June 27, 1949 - PEOPLE OF THE PHIL. v. SOFRONIO GAJO, ET AL.

    084 Phil 107

  • G.R. No. L-547 June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

    084 Phil 118

  • G.R. No. L-1006 June 28, 1949 - PEOPLE OF THE PHIL. v. FILEMON ESCLETO

    084 Phil 121

  • G.R. No. L-1716 June 28, 1949 - MATERIAL DISTRIBUTORS (PHIL.) , ET AL. v. FELIPE NATIVIDAD, ET AL.

    084 Phil 127

  • G.R. No. L-2427 June 28, 1949 - PEOPLE OF THE PHIL. v. ANATALIO SALIENTE, ET AL.

    084 Phil 136

  • C.A. No. 8037 June 28, 1949 - DIRECTOR OF LANDS, ET AL. v. MAXIMIANO P. MARTIN, ET AL.

    084 Phil 140

  • G.R. No. L-1794 June 30, 1949 - PEOPLE OF THE PHIL. v. VENERANDO VIERNES, ET AL.

    084 Phil 144

  • G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.

    084 Phil 148

  • G.R. No. L-2443 June 30, 1949 - PEOPLE OF THE PHIL. v. JOSE L. DEMETRIO, ET AL.

    084 Phil 153

  • G.R. No. L-2852 June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL.

    084 Phil 161

  • G.R. No. L-48494 June 30, 1949 - BANQUE GENERALE BELGE, ET AL. v. WALTER BULL & CO., INC., ET AL.

    084 Phil 164

  •  





     
     

    G.R. No. L-547   June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO<br /><br />084 Phil 118

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-547. June 28, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSE DE CASTRO, Defendant-Appellant.

    L. Javier Inciong for Appellant.

    Acting First Assistant Solicitor General Roberto A. Gianzon and Solicitor Jose G. Bautista for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; TREASON; MEMBERSHIP IN THE BUREAU OF CONSTABULARY UNDER THE GOVERNMENT OF OCCUPATION. — Appellant’s membership in the Bureau of Constabulary under the government of occupation is not treason. That institution was intended for the promotion and preservation of law and order which were essential, during war, to the life of the civilian population.

    2. ID.; ID. — Appellant’s bringing of the girl to Y’s house may have aided to satisfy the lust of a Japanese officer, but such aid was not treasonous as held in People v. Perez, G.R. No. L-856.

    3. ID.; ID.; RAPE. — It is well settled that when "some hesitation was shown by the woman or that she had contributed in some way to the realization of the act" there is no rape. (Viada as quoted in U.S. v. De Dios, 8 Phil., 279, 282.)


    D E C I S I O N


    MORAN, C.J. :


    Appellant has been convicted of treason by the Fifth Division of the People’s Court and sentenced to life imprisonment, to a fine of P10,000, and to pay the costs. The facts proven by the prosecution are as follows:chanrob1es virtual 1aw library

    Appellant was a USAFFE soldier and upon the occupation of the Province of Cebu by the Japanese Army he joined the Bureau of Constabulary and became a regular constabulary soldier under the government of occupation.

    On January 13, 1945, at 2 o’clock A. M. a group of four Japanese soldiers accompanied by some constabulary soldiers, one of them the herein appellant, went to the house of the Bacani family of Bulacao, in the suburb of El Pardo, Cebu City. The four Japanese soldiers, headed by Sergeant Yoshida, investigated the two girls, Anita and Rosario Bacani, living in that house and suspected of having some connection with the Cebu guerrillas. The two girls were hanged by their arms, which were tied behind their backs, by the Japanese soldiers and they were later arrested and imprisoned together with their younger brother Ricardo m a house near the Redemptory Monastery. For lack of evidence, the Japanese soldiers released Ricardo, and also Anita and Rosario subsequently, after fourteen and twenty days confinement respectively. Yoshida reminded Rosario before releasing her that she was very lucky for not having been killed.

    On or about February 22, 1945, Rosario Bacani was taken from her house by appellant and others and was brought to the house of Yoshida in Cebu City. Yoshida made some amorous advances to Rosario and threatened to kill her and all the members of her family should she not consent to live with him. Rosario had to yield, according to her, because she was afraid of his brutality. Yoshida told her to go home and to return the next day with her mother which she did. Yoshida told Rosario’s mother of his desire to have Rosario as servant, cook and laundrywoman, and from then on Rosario became a mistress of Yoshida.

    Rosario testified that while she was living in the house of Yoshida, appellant was also living there and was giving reports to Tanamaya, Yoshida’s interpreter. There IS no evidence, however, of what those reports were, and their felonious character is not to be presumed.

    The facts above stated do not constitute treason. Appellant’s membership in the Bureau of Constabulary under the government of occupation is not treason. That institution was intended for the promotion and preservation of law and order which were essential during war to the life of the civilian population. Appellant personally did nothing serious except his having taken Rosario Bacani from her house to bring her to the house of Yoshida, but again this is not treason. It may be an aid to satisfy the lust of a japanese officer, an aid which is not treasonous, as held in People v. Perez, G.R. No. L-856.

    Neither is appellant guilty as co-author of rape, for no rape is alleged in the information and no rape had been committed by Yoshida against Rosario, she having yielded her body to him not because an actual force was being exerted upon her, but because she was afraid that otherwise she might be the victim of his brutality. It is well settled that when "some hesitation was shown by the woman or that she had contributed in some way to the realization of the act" there is no rape. (Viada as quoted in U.S. v. De Dios, 8 Phil., 279, 282.)

    Judgment is reversed, appellant is acquitted with costs de oficio.

    Ozaeta, Paras, Feria, Bengzon, Tuason and Reyes, JJ., concur.

    Separate Opinions


    PERFECTO, J.:


    We concur in appellant’s acquittal. Our reason for not convicting him of rape is because this crime is not alleged in the information. It is, therefore, unnecessary for us to decide it, under the circumstances, Rosario Bacani has been raped or not by Yoshida and if appellant has any share in the criminal responsibility, if any.

    MORAN, C.J. :chanrob1es virtual 1aw library

    Mr. Justice Pablo voted for this decision.

    G.R. No. L-547   June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO<br /><br />084 Phil 118


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