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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
 

   
May-1949 Jurisprudence                 

  • G.R. No. L-1674 May 9, 1949 - PEOPLE OF THE PHIL. v. PABLO SOMERA

    083 Phil 548

  • G.R. No. L-1765 May 9, 1949 - PEOPLE OF THE PHIL. v. MARIO TANDUG

    083 Phil 551

  • G.R. No. L-1881 May 9, 1949 - MANILA TERMINAL COMPANY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 559

  • G.R. No. L-1512 May 12, 1949 - EL PUEBLO DE FILIPINAS v. FEDERICO

    083 Phil 569

  • G.R. No. L-1900 May 12, 1949 - PEOPLE OF THE PHIL. v. ALFREDO LACSON

    083 Phil 574

  • G.R. No. L-2064 May 12, 1949 - PEOPLE OF THE PHIL. v. ELIGIO TORRES

    083 Phil 595

  • G.R. No. L-1769 May 13, 1949 - PURITA PANAGUITON v. FLORENTINO PATUBO

    083 Phil 605

  • G.R. No. L-1833 May 13, 1949 - MEDARDO MUÑOZ v. EMILIO RILLORAZA

    083 Phil 609

  • G.R. No. L-792 May 14, 1949 - PEOPLE OF THE PHIL. v. E.C. CAÑADA

    083 Phil 612

  • G.R. No. L-1429 May 16, 1949 - PEOPLE OF THE PHIL. v. RICARDO AQUINO Y ABALOS

    083 Phil 614

  • G.R. No. L-1950 May 16, 1949 - LAO SENG HIAN v. NATIVIDAD ALMEDA LOPEZ

    083 Phil 617

  • G.R. No. L-2014 May 16, 1949 - PEOPLE OF THE PHIL. v. BENJAMIN Z. YELO

    083 Phil 618

  • G.R. No. L-1212 May 18, 1949 - EL PUEBLO DE FILIPINAS v. CELESTINO BASA Y OTROS

    083 Phil 622

  • G.R. No. L-1918 May 18, 1949 - PEDRO L. FLORES v. PERFECTO R. PALACIO

    083 Phil 626

  • G.R. No. L-2484 May 18, 1949 - LEE KO v. DIONISIO DE LEON

    083 Phil 628

  • G.R. No. L-2117 May 19, 1949 - PEOPLE OF THE PHIL. v. APOLONIO SOMBILON

    083 Phil 631

  • G.R. No. L-1471 May 20, 1949 - PEOPLE OF THE PHIL. v. JULIAN ORAZA

    083 Phil 633

  • G.R. No. L-1917 May 20, 1949 - CATALINO MAGLASANG v. CIRILO C. MACEREN

    083 Phil 637

  • G.R. No. L-2245 May 20, 1949 - AMBROSIO CARBUNGCO v. RAFAEL AMPARO

    083 Phil 638

  • G.R. No. L-2831 May 20, 1949 - BERNARDO TORRES v. MAMERTO S. RIBO

    083 Phil 642

  • G.R. No. L-432 May 23, 1949 - PEOPLE OF THE PHIL. v. IGNACIO CALINAWAN

    083 Phil 647

  • G.R. No. L-1795-6 May 23, 1949 - PEOPLE OF THE PHIL. v. PEDRO VALDEZ

    083 Phil 650

  • G.R. No. L-1989 May 23, 1949 - JOSE REYES y RAMIREZ v. EL TRIBUNAL DE APELACION

    083 Phil 658

  • G.R. No. L-2203 May 23, 1949 - SAN MIGUEL BREWERY v. LA CORTE DE RELACIONES INDUSTRIALES

    083 Phil 663

  • G.R. No. L-2431 May 23, 1949 - CEFERINO TAVORA v. PEDRO OFIANA

    083 Phil 672

  • G.R. No. 213 May 24, 1949 - GENEROSA A. DIA v. FINANCE & MINING INVESTMENT CORP.

    083 Phil 675

  • G.R. No. L-1700 May 24, 1949 - PEOPLE OF THE PHIL. v. LORENZO MINTU

    083 Phil 678

  • G.R. No. L-2004 May 24, 1949 - PABLO COTAOCO v. RAFAEL DINGLASAN

    083 Phil 681

  • G.R. No. L-2251 May 24, 1949 - EL PUEBLO DE FILIPINAS v. ELISA TANDAG

    083 Phil 683

  • G.R. No. L-1980 May 25, 1949 - CIPRIANO SEVILLA v. CEFERINO DE LOS SANTOS

    083 Phil 686

  • G.R. No. L-944 May 26, 1949 - PEOPLE OF THE PHIL. v. FAUSTO AVILA

    083 Phil 687

  • G.R. No. L-1823 May 26, 1949 - GERONIMO DE LOS REYES v. ARTEMIO ELEPAÑO

    083 Phil 691

  • G.R. No. L-1825 May 26, 1949 - EL PUEBLO DE FILIPINAS v. EUGENIO BERSIDA

    083 Phil 696

  • G.R. No. L-2022 May 26, 1949 - GUIA S. J0SE DE BAYER v. ERNESTO OPPEN

    083 Phil 700

  • G.R. No. L-2161 May 26, 1949 - PEOPLE OF THE PHIL. v. JAMES YOUNG

    083 Phil 702

  • G.R. No. L-2323 May 26, 1949 - M. A. ZARCAL v. S. HERRERO

    083 Phil 711

  • G.R. Nos. L-675 & L-676 May 27, 1949 - PEOPLE OF THE PHIL. v. NEMESIO LASTIMOSO

    083 Phil 714

  • G.R. No. L-1274 May 27, 1949 - PHIL. TRANSIT ASSN. v. TREASURER OF MANILA

    083 Phil 722

  • G.R. No. L-1394 May 27, 1949 - RAFAEL ROA YROSTORZA v. REPUBLIC OF THE PHIL.

    083 Phil 727

  • G.R. No. L-1861 May 27, 1949 - RIZAL SURETY AND INSURANCE CO. v. BIENVENIDO A. TAN

    083 Phil 732

  • G.R. No. L-1869 May 27, 1949 - JOSE PIO BARRETTO v. N. ALMEDA LOPEZ

    083 Phil 734

  • G.R. No. L-2300 May 27, 1949 - PEOPLE OF THE PHIL. v. MARCELINO TUMAOB

    083 Phil 738

  • G.R. No. L-2382 May 27, 1949 - PABLO S. RIVERA v. FRANCISCO ARELLANO

    083 Phil 744

  • G.R. No. L-1606 May 28, 1949 - IN RE: YEE BO MANN v. REPUBLIC OF THE PHIL.

    083 Phil 749

  • G.R. No. L-2309 May 28, 1949 - LOPE SARREAL v. SOTERO RODAS

    083 Phil 751

  • G.R. No. L-2518 May 28, 1949 - DONATA OLIVEROS DE TAN v. ENGRACIO FABRE

    083 Phil 755

  • G.R. No. L-2539 May 28, 1949 - JOSE P. MONSALE v. PAULINO M. NICO

    083 Phil 758

  • G.R. No. L-1511 May 30, 1949 - MIGUEL OJO v. JOSE V. JAMITO

    083 Phil 764

  • G.R. No. L-1550 May 30, 1949 - IN RE: FREDERICK EDWARD GILBERT ZUELLIG v. REPUBLIC OF THE PHIL.

    083 Phil 768

  • G.R. No. L-1609 May 30, 1949 - REMIGIO M. PEÑA v. FRANCISCO ARELLANO

    083 Phil 773

  • G.R. No. L-1686 May 30, 1949 - EL PUEBLO DE FILIPINAS v. SANTOS TOLEDO

    083 Phil 777

  • G.R. No. L-1723 May 30, 1949 - LUZ MARQUEZ DE SANDOVAL v. VICENTE SANTIAGO

    083 Phil 784

  • G.R. No. L-1978 May 30, 1949 - EL PUEBLO DE FILIPINAS v. ANTONIO ORCULLO Y OTROS

    083 Phil 787

  • G.R. No. L-1996 May 30, 1949 - PEOPLE OF THE PHIL. v. SALIP JULMAIN

    083 Phil 793

  • G.R. No. L-2031 May 30, 1949 - HERMOGENES C. LIM v. RESTITUTO L. CALAGUAS

    083 Phil 796

  • G.R. No. L-2069 May 30, 1949 - LUZON BROKERAGE CO. v. LUZON LABOR UNION

    083 Phil 801

  • G.R. No. L-2083 May 30, 1949 - PEOPLE OF THE PHIL. v. SALVADOR MALIG

    083 Phil 804

  • G.R. No. L-2098 May 30, 1949 - PIO MARQUEZ v. ARSENIO PRODIGALIDAD

    083 Phil 813

  • G.R. No. L-2099 May 30, 1949 - JOSE ONG v. BIENVENIDO A. TAN

    083 Phil 834

  • G.R. No. L-2130 May 30, 1949 - FRANCISCO SANCHEZ v. PEDRO SERRANO

    083 Phil 838

  • G.R. No. L-2132 May 30, 1949 - JUAN SAVINADA v. J. M. TUASON & CO.

    083 Phil 840

  • G.R. No. 49102 May 30, 1949 - W.C. OGAN v. BIBIANO L. MEER

    083 Phil 844

  • G.R. No. L-1104 May 31, 1949 - EASTERN THEATRICAL CO. v. VICTOR ALFONSO

    083 Phil 852

  • G.R. Nos. L-1264 & L-1265 May 31, 1949 - PEOPLE OF THE PHIL. v. TIMOTEO SAGARIO

    083 Phil 862

  • G.R. No. L-1271 May 31, 1949 - BENIGNO DEL RIO v. CARLOS PALANCA TANGUINLAY

    083 Phil 867

  • G.R. No. L-1281 May 31, 1949 - JOSEPH E. ICARD v. CITY COUNCIL OF BAGUIO

    083 Phil 870

  • G.R. No. L-1298 May 31, 1949 - PEOPLE OF THE PHIL. v. PEDRO SANTOS BALINGIT

    083 Phil 877

  • G.R. No. L-1299 May 31, 1949 - PEOPLE OF THE PHIL. v. JACOB J. LOEWINSOHN

    083 Phil 882

  • G.R. No. L-1827 May 31, 1949 - ALFREDO CATOLICO v. IRINEO RANJO

    083 Phil 885

  • G.R. No. L-1927 May 31, 1949 - CRISTOBAL ROÑO v. JOSE L. GOMEZ

    083 Phil 890

  • G.R. No. L-1952 May 31, 1949 - FRANCISCO R. VlLLAROMAN v. FLORENTINO J. TECHICO

    083 Phil 901

  • G.R. No. L-2108 May 31, 1949 - PAMPANGA BUS CO. v. LUIS G. ABLAZA

    083 Phil 905

  • G.R. No. L-2252 May 31, 1949 - PEOPLE OF THE PHIL. v. BARTOLOME BEDIA

    083 Phil 909

  • G.R. No. L-2253 May 31, 1949 - PEOPLE OF THE PHIL. v. SERVANDO MANIEGO

    083 Phil 916

  • G.R. No. L-2283 May 31, 1949 - MARINA TAYZON and FLORDELIZA G. ANGELES v. RAMON YCASIANO

    083 Phil 921

  • G.R. No. L-2326 May 31, 1949 - FERNANDO ALEJO v. MARIANO GARCHITORENA

    083 Phil 924

  • G.R. No. L-2351 May 31, 1949 - FRANCISCO ARGOS v. DOMINADOR VELOSO

    083 Phil 929

  • G.R. No. L-2377 May 31, 1949 - REPUBLIC OF THE PHIL. v. JUSTA G. VDA. DE GUIDO

    083 Phil 934

  • G.R. No. L-2450 May 31, 1949 - VERONICA RUPERTO v. CEFERINO FERNANDO

    083 Phil 943

  •  





     
     

    G.R. No. L-1833   May 13, 1949 - MEDARDO MUÑOZ v. EMILIO RILLORAZA<br /><br />083 Phil 609

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-1833. May 13, 1949.]

    MEDARDO MUÑOZ, Petitioner, v. EMILIO RILLORAZA, JOSE B. BERNABE and MANUEL ESCUDERO, Associate Judges of the People’s Court, Fourth Division, Respondents.

    Baldomero S. Luque and Manuel concordia for Petitioner.

    First Assistant Solicitor General Roberto A. Gianzon and Solicitor Ramon L. Avanceña for Respondents.

    SYLLABUS


    1. BAIL; MANDAMUS; PROMPT AND SUMMARY HEARING OF APPLICATION FOR BAIL MAY BE WAIVED. — Considering that the joint hearing on the application for bail and on the merits of the main case was adopted by the respondent by agreement of both parties, and that the repeated postponement of that hearing with the consequent delay were made at petitioner’s instance or with his conformity, we find no factual and legal basis upon which to declare the respondents guilty of an unlawful neglect of duty to justify the issuance of the mandatory writ prayed for. It is true that the petitioner had the right to apply for bail and to have his application heard summarily and promptly. But that right could be waived, and he did waive it, firstly, by agreeing to a joint hearing and, secondly, by himself asking for or consenting to repeated postponements. He therefore cannot be said to have been unlawfully excluded from the use and enjoyment of his right.

    2. ID.; ID.; DISCRETIONARY POWER CANNOT BE CONTROLLED BY MANDAMUS. — It was discretionary on the part of the respondent judges to permit or not to permit the petitioner to go back on his previous agreement for a joint hearing in the interest of justice. That discretion cannot be controlled by this court through the writ of mandamus.


    D E C I S I O N


    OZAETA, J.:


    Petitioner was accused of treason before the People’s Court in an information dated February 23, 1946. No bail was recommended in the information. He pleaded not guilty and applied for bail. By agreement of the parties the court set the bail application and the case on the merits for joint hearing on January 15, 1947; but on said date the court postponed the hearing to march 17 and 18, 1947, upon motion of the defense and over the objection of the prosecution. On March 17, 1947, again upon motion of the defense and over the objection of the prosecution, the court ordered the hearing postponed "until new assignment." Two subsequent assignments for hearing made by the court were likewise postponed upon petition of the prosecution with the conformity of the defense. At last the agreed joint hearing was commenced on November 19, 1947.

    After the first witness for the prosecution had testified the petitioner moved the court to limit the hearing to his application for bail so that he might enjoy provisional liberty pending the trial on the merits. That motion was denied by the court, which continued the joint hearing on November 20, 1947, at which another witness for the prosecution testified, over the objection of the petitioner, who had asked that the joint hearing be suspended until he could raise the question of his bail before the Supreme Court.

    The continuation of the joint hearing having been set by the court for December 12, 15 and 16, 1947, the petitioner, on December 3, filed the present petition for the writ of mandamus to compel the respondent judges of the Fourth Division of the then People’s Court to hear and decide his application for bail before continuing the hearing of his case on the merits, and for the writ of preliminary injunction to restrain them from continuing the joint hearing. This Court required the respondents to answer but declined to restrain them.

    1. Respondents did not unlawfully neglect the performance of their official duty to hear the petitioner’s application for bail. As a matter of fact the very act complained of is that they persisted in hearing that application. But that hearing, the petitioner complains, was at the same time a hearing of the case on the merits and the resolution on his application for bail might be delayed. Hence he wanted a summary hearing on his application before the trial on the merits.

    Considering that the joint hearing on the application for bail and on the merits of the main case was adopted by the respondents by agreement of both parties, and that the repeated postponements of that hearing with the consequent delay were made at petitioner’s instance or with his conformity, we find no factual and legal basis upon which to declare the respondents guilty of an unlawful neglect of duty to justify the issuance of the mandatory writ prayed for. It is true that the petitioner had the right to apply for bail and to have his application heard summarily and promptly. But that right could be waived, and he did waive it, firstly, by agreeing to a joint hearing and, secondly, by himself asking and consenting to repeated postponements. He therefore cannot be said to have been unlawfully excluded from the use and enjoyment of his right. (See Sec. 3, Rule 67.)

    2. It was discretionary on the part of the respondent judges to permit or not to permit the petitioner to go back on his previous agreement for a joint hearing in the interest of justice. That discretion cannot be controlled by this Court through the writ of mandamus.

    We do not know, although we may assume, that after the filing of this petition the respondent judges continued with the hearing and received sufficient evidence upon which to decide the application for bail. If that be so and if the application had not been decided up to the time the People’s Court was abolished, the petitioner could and should urge the proper Court of First Instance to decide it.

    The petition is denied, without prejudice to petitioner’s seeking a prompt decision on his application for bail in the proper Court of First Instance, in case he has not yet done so. No pronouncement as to costs.

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

    Separate Opinions


    PERFECTO, J., dissenting:chanrob1es virtual 1aw library

    We dissent from the majority’s decision. In our opinion, the petition should be granted and thus we vote.

    The petition for bail should have been and should be disposed of without any delay. Otherwise, the purposes of the provisions of the Constitution on bail would be defeated. Bailing of an accused is a preliminary step in criminal proceedings and should not be postponed regardless of any consideration. As in this case, said step is delayed until the evidence on the merits shall have been presented. Such delay will make useless the constitutional guarantee as to the right of an accused to be bailed.

    The trial court failed to do its official duty and the Supreme Court also is failing to do its duty by refusing to give to petitioner the remedy he is praying for.

    G.R. No. L-1833   May 13, 1949 - MEDARDO MUÑOZ v. EMILIO RILLORAZA<br /><br />083 Phil 609


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