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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-1869   May 27, 1949 - JOSE PIO BARRETTO v. N. ALMEDA LOPEZ<br /><br />083 Phil 734

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-1869. May 27, 1949.]

    JOSE PIO BARRETTO, in his capacity as Manager of the Oriental Sawmill, Petitioner, v. N. ALMEDA LOPEZ, Judge of Municipal Court of Manila, JOAQUIN GARCIA, Sheriff of First Instance of Manila, and MANUEL TAMBUNTING, Respondents.

    P. L. Meer for Petitioner.

    Sarte & Garcia for Respondents.

    SYLLABUS


    1. JUDGMENT; SUBSEQUENT AGREEMENT OF PARTIES, EFFECT OF. — The agreement subsequently filed by the parties in a case, creates as between them new rights and obligations which naturally supersedes the judgment theretofore rendered.

    2. APPEAL; SETTLEMENT OF APPEALED CASE; SECTION 8 OF RULE 40, APPLIED. — At any time after the perfection of an appeal from a judgment of the municipal court to the Court of First Instance, parties may adjust their controversy by agreement in writing, signed by both parties and lodged with the municipal court; and if the same has already been transmitted to the Court of First Instance, the compromise agreement shall be transmitted to the clerk of the latter court who shall file the same and enter a memorandum thereof upon his docket, and no further proceedings shall thereafter be taken in the action


    D E C I S I O N


    PARAS, J.:


    In an ejectment case (No. 2337) between respondent Manuel Tambunting (as plaintiff) and petitioner Jose Pio Barretto (as defendant), the respondent judge of the municipal court of Manila on April 7, 1947, rendered judgment ordering the herein petitioner to restore to respondent Manual Tambunting the premises described in the complaint and ordering said petitioner to pay to said respondent the sum of P300 as damages for the use and occupation of the premises in question, plus the sum of P500 as cost of the garage removed by said petitioner, and the costs. The petitioner duly appealed from the judgment of the respondent judge of the municipal court to the Court of First Instance of Manila, wherein the appeal was docketed as civil case No. 2561. In the latter court petitioner Barretto and respondent Tambunting filed on June 10, 1947, an agreement, reciting that they had come to a satisfactory settlement of their litigation; that the petitioner was withdrawing his appeal; that respondent Tambunting waived his right to collect the sum of P800 awarded in the judgment of the municipal court; that respondent Tambunting allowed petitioner to occupy the land in question for an indefinite period of time; that the agreement could be terminate only after six month’s notice on the part of said respondent; that petitioner was to pay respondent Tambunting the sum of P130 from April, 1947. Said agreement was signed by the parties and their respective attorneys. On June 28, 1947, the Court of First Instance of Manila issued an order approving the withdrawal of petitioner’s appeal. On September 30, 1947, respondent Tambunting filed with the municipal court in the ejectment case (No. 2337) a motion for the issuance of an alias writ of execution on the ground that petitioner had failed to pay the rental specified in the agreement filed in the Court of First Instance of Manila. Accordingly, on November 5, 1947, the respondent judge of the municipal court of Manila ordered the issuance of an alias writ of execution against the petitioner, for the recovery of the sum of P390 as rentals from August to October, 1947. A writ of execution was actually issued on December 15, 1947, covering, however, the sum of P650 as rentals from August to December, 1947.

    It appears that the failure of the petitioner to pay to respondent Tambunting the rental stipulated in the agreement of June 10, 1947, was due to a notice received by the petitioner from one Angel de Leon Ong, claiming the right to collect the rental for the land in question and warning the petitioner that the respondent Tambunting had no right to collect said rental. Indeed, the petitioner, under date of September 29, 1947, instituted in the Court of First Instance of Manila a complaint in interpleading (civil case No. 3722) against Manuel Tambunting and Angel de Leon Ong, with a view to determining which of the two is entitled to the rental due from the petitioner.

    Alleging that the respondent judge of the municipal court had acted in excess of her jurisdiction and with grave abuse of discretion in issuing the writ of execution of December 15, 1947, the petitioner has filed the present petition for certiorari and prohibition for the purpose of having said writ of execution annulled. Said petition is meritorious. The agreement filed by the parties in the ejectment case created as between them new rights and obligations which naturally superseded the judgment of the municipal court. Said agreement, which was filed in the Court of first Instance of Manila, contained no prayer for relief, although the Court of First Instance of Manila, upon acting on said agreement, issued an order on June 28, 1947, approving the withdrawal of petitioner’s appeal. It is obvious, however, that the stipulations contained in the agreement were not reduced to a formal decision capable of being judicially executed. The filing of said agreement put an end to the ejectment case, and this is contemplated by section 8 of Rule of Court No. 40, providing that at any time after the perfection of an appeal from a judgment of the municipal court to the Court of First Instance, parties may adjust their controversy by agreement in writing, signed by both parties and lodged with the municipal court; and if the case has already been transmitted to the Court of First Instance, the compromise agreement shall be transmitted to the clerk of the latter court who shall file the same and enter a memorandum thereof upon his docket, and no further proceedings shall thereafter be taken in the action.

    The decision of the municipal court which, in the first place, contained no order for the payment of any rental cannot of course be the subject of execution since said decision was waived by respondent Tambunting in the agreement of June 10, 1947. Moreover, there is another reason why execution is not in order. The bona fide filing by petitioner of the complaint in interpleading against respondent Tambunting and Angel de Leon Ong should at least be considered as a proper excuse on the part of the petitioner to pay to respondent Tambunting the rental fixed in their agreement. The case of Pagkalinawan v. Rodas (80 Phil. 281), offers some analogy. In said case, the decision of the respondent judge ordered the petitioners to pay rentals directly to the respondent Manuel Tambunting and provided for their ejectment in case of default. In connection with an enterpleader suit filed by the petitioners in the Court of First Instance of Manila, said rentals were deposited with the clerk of court, of which fact the respondent judge was duly informed by the petitioners. We held that such deposits constituted a bona fide compliance with the decision of the respondent judge justifying the stay of execution.

    In the case now before us, the respondent judge was apprised of the complaint in interpleading in civil case No. 3722, and although there is an indication that said case was disposed of adversely against the petitioner, the latter would interpose a timely appeal.

    The petition is hereby granted, and the order of the respondent judge of November 5, 1947, and the writ of execution of December 15, 1947, are set aside. The writ of preliminary injunction heretofore issued is made permanent. So ordered, with costs against the respondent Manuel Tambunting.

    Ozaeta, Feria, Pablo, Perfecto, Bengzon, Tuason, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    PARAS, J.:


    I certify that the Chief Justice voted in favor of this decision.

    G.R. No. L-1869   May 27, 1949 - JOSE PIO BARRETTO v. N. ALMEDA LOPEZ<br /><br />083 Phil 734


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