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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
 

   
March-1949 Jurisprudence                 

  • G.R. No. L-433 March 2, 1949 - PEOPLE OF THE PHIL. v. GAUDENCIO ROBLE

    083 Phil 1

  • G.R. No. L-592 March 2, 1949 - EL PUEBLO DE FILIPINAS v. CARLOS DAYRIT

    083 Phil 4

  • G.R. No. L-1446 March 4, 1949 - PEOPLE OF THE PHIL. v. FILEMON DELGADO

    083 Phil 9

  • G.R. No. L-2821 March 4, 1949 - JOSE AVELINO v. MARIANO J. CUENCO

    083 Phil 17


  • G.R. No. L-560 March 9, 1949 - EL PUEBLO DE FILIPINAS v. RUFO ALFARO

    083 Phil 85

  • G.R. No. L-2821 March 4, 1949 - JOSE AVELINO v. MARIANO J. CUENCO

    083 Phil 17


  • G.R. No. L-560 March 9, 1949 - EL PUEBLO DE FILIPINAS v. RUFO ALFARO

    083 Phil 85

  • G.R. No. L-905 March 9, 1949 - PEOPLE OF THE PHIL. v. ELADIO PACATANG

    083 Phil 94

  • G.R. No. L-1878 March 9, 1949 - MAMERTO RAMIREZ ET AL. v. FIDEL IBAÑEZ

    083 Phil 97

  • G.R. No. L-2120 March 9, 1949 - JOSE ALVAREZ v. FIDEL IBAÑEZ

    083 Phil 104

  • G.R. No. L-1706 March 10, 1949 - BATANGAS TRANS. CO. v. BAGONG PAGKAKAISA OF THE EMPLOYEES

    083 Phil 108

  • G.R. No. L-2591 March 15, 1949 - EMILIO Z. CABABASADA v. CIRIACO VALMORIA

    083 Phil 112

  • G.R. No. L-1060 March 17, 1949 - EL PUEBLO DE FILIPINAS v. SERGIO REVILLA Y DORINGO Y OTROS

    083 Phil 115

  • G.R. No. L-1489 March 17, 1949 - EL PUEBLO DE FILIPINAS v. RUFINO LUPERA

    083 Phil 120

  • G.R. No. L-1868 March 17, 1949 - MANUEL V. GALLEGO v. KAPISANAN TIMBULAN NG MGA MANGGAGAWA

    083 Phil 124

  • G.R. No. L-2734 March 17, 1949 - PHIL. TRUST COMPANY v. LUIS MA. ARANETA ET AL.

    083 Phil 132

  • G.R. No. L-852 March 19, 1949 - LEONIDA MARI v. ISAAC BONILLA

    083 Phil 137

  • G.R. No. L-1639 March 19, 1949 - FLORENCIO REYES v. SOTERO RODAS

    083 Phil 141

  • R-CA. No. 157 March 24, 1949 - FELICIDAD LEGASPI v. EL AHORRO INSULAR

    083 Phil 149

  • G.R. Nos. L-1940-42 March 24, 1949 - PEOPLE OF THE PHIL. v. IGNACIO LAGATA

    083 Phil 150

  • G.R. No. L-1350 March 26, 1949 - TOMAS MEDRAN v. COURT OF APPEALS

    083 Phil 164

  • G.R. No. L-2662 March 26, 1949 - SHIGENORI KURODA v. RAFAEL JALANDONI

    083 Phil 171

  • G.R. No. L-456 March 29, 1949 - PEOPLE OF THE PHIL. v. CUCUFATE ADLAWAN

    083 Phil 194

  • G.R. No. L-1548 March 29, 1949 - PEOPLE OF THE PHIL. v. SEVERO BASCON

    083 Phil 206

  • G.R. No. L-1614 March 30, 1949 - TEODORA DE LA CRUZ v. ASOCIACION ZANJERA CASILIAN

    083 Phil 214

  • G.R. No. L-1974 March 30, 1949 - PEOPLE OF THE PHIL. v. CANDIDO INGALLA

    083 Phil 239

  • G.R. No. L-1440 March 31, 1940

    CO CHIONG v. MIGUEL CUADERNO

    083 Phil 242

  • G.R. No. L-1766 March 31, 1949 - EL PUEBLO DE FILIPINAS v. JOSE DANAN

    083 Phil 252

  • G.R. No. L-1891 March 31, 1949 - CO CHIONG ET AL. v. MAYOR OF MANILA

    083 Phil 257

  • G.R. No. L-2514 March 31, 1949 - ANG LIN CHI v. OSCAR CASTELO

    083 Phil 263

  •  




     
     

    G.R. No. L-2591   March 15, 1949 - EMILIO Z. CABABASADA v. CIRIACO VALMORIA<br /><br />083 Phil 112

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2591. March 15, 1949.]

    EMILIO Z. CABABASADA, Petitioner, v. THE COURT OF APPEALS and CIRIACO VALMORIA, Respondents.

    Lorenzo Sumulong and Antonio C. Masaquel for Petitioner.

    Tañada, Pelaez & Teehankee for respondent Valmoria.

    SYLLABUS


    1. ELECTIONS; BALLOTS CONTAINING NAMES OF PERSONS NOT CANDIDATES, VALIDITY OF. — There is no question that said ballots are valid votes for C under the provisions of section 149, No. 13, of the Revised Election Code which we quote: "13. Any vote in favor of a person who has not filed a certificate of candidancy or in favor of a candidate for an office for which he did not present himself, shall be void and counted as a stray vote but shall not invalidate the whole ballot."cralaw virtua1aw library

    2. ID.; APPEALS; FAILURE TO MAKE ASSIGNMENT OF ERROR; POWER OF APPELLATE COURT. — When it appears that the trial court has illegally rejected ballots that have been legally cast in favor of a candidate, the appellate court must correct the error, even without an express assignment of error made in the brief. An appellate court may affirm an appealed decision on grounds different from those stated in the decision of the trial court. According to section 178 of the Revised Election Code, appeals in election contests shall proceed as in criminal cases, and in a criminal case the appellate court may consider errors of the trial court not expressly pointed out in an assignment of error, so as to render substantial justice. Lastly, not to count in favor of C the two ballots in question is to defeat the popular will, and such result must be avoided in view of the fundamental principle of the Constitution that sovereignty resides in the people.


    D E C I S I O N


    PERFECTO, J.:


    Ciriaco Valmoria was proclaimed elected as Mayor of Kinoguitan, Oriental Misamis, in the election of November 11, 1947, with 687 votes against 686 received by his rival candidate Emilio Z. Cababasada.

    The election was contested. The trial court found that 678 votes must be credited to Cababasada and 636 to Valmoria, and declared the former elected with a plurality of forty two (42) votes. Valmoria appealed. The Court of Appeals found that both candidates received 678 votes each and declared the election to have resulted in a tie.

    One of the several questions raised by Cababasada in his appeal before us is the Court of Appeals’ failure to add, in the final computation, to the votes received by him, ballots 7-A and 7-B which, in the body of the decision of said court, were found to have been legally cast in favor of Cababasada.

    Said ballots were objected by Valmoria on the ground that they contain names of persons who are not candidates. There is no question that said ballots are valid votes for Cababasada under the provisions of section 149, No 13, of the Revised Election Code which we quote:jgc:chanrobles.com.ph

    "13. Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself, shall be void and counted as a stray vote but shall not invalidate the whole ballot."cralaw virtua1aw library

    Evidently, the Court of Appeals erred in not crediting said two ballots to Cababasada in the final computation, and the error should be corrected.

    Valmoria contends that the two ballots in question were rejected by the trial court and that Cababasada could and cannot claim said ballots for his failure to make an express assignment of errors in his brief regarding said two ballots. The contention has no merit. When it appears that the trial court has illegally rejected ballots that have been legally cast in favor of a candidate, the appellate court must correct the error, even without an express assignment of error made in the brief. An appellate court may affirm an appealed decision on grounds different from those stated in the decision of the trial court. According to section 178 of the Revised Election Code, appeals in election contests shall proceed as in criminal cases, and in a criminal case the appellate court may consider errors of the trial court not expressly pointed out in an assignment of error, so as to render substantial justice. Lastly, not to count in favor of Cababasada the two ballots in question is to defeat the popular will, and such result must be avoided in view of the fundamental principle of the Constitution that sovereignty resides in the people.

    With the two ballots credited to Cababasada, the latter appears to have been elected mayor of Kinoguitan. It is not necessary, in view of this result, to consider the other questions raised by Cababasada.

    For all the foregoing, the decision of the Court of Appeals is reversed, and Emilio Z. Cababasada is declared as the duly elected mayor of Kinoguitan in the election of November 11, 1947, and Ciriaco Valmoria is ordered to turn over to him the office, with costs in the three instances in favor of Cababasada.

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

    G.R. No. L-2591   March 15, 1949 - EMILIO Z. CABABASADA v. CIRIACO VALMORIA<br /><br />083 Phil 112




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