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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-1298   May 31, 1949 - PEOPLE OF THE PHIL. v. PEDRO SANTOS BALINGIT<br /><br />083 Phil 877

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-1298. May 31, 1949.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO SANTOS BALINGIT, Accused-Appellant.

    Antonio Barredo for Appellant.

    First Assistant Solicitor General Roberto A. Gianzon and Solicitor Martiniano P. Vivo for Appellee.

    SYLLABUS


    CRIMINAL LAW; TREASON; OBEYING SUPERIOR ORDERS TO SUPPRESS GUERRILLA ACTIVITIES UNDER THE RULES OF WAR AS A DEFENSE. — The evidence is clear that the accused identified himself with the enemy’s cause by acting as a spy and causing the arrest of even his close relatives to prevent them taking part in the resistance movement, and while guerrilla warfare may be unlawful from the standpoint of the conqueror, it cannot be so regarded by those who, by natural right, are trying to drive him out of their invaded territory.


    D E C I S I O N


    REYES, J.:


    Pedro Santos Balingit was accused of treason on six counts. Count No. 1 was, after trial, declared not proved, while counts Nos. 4, 5, and 6 were previously withdrawn for lack of evidence. The remaining two counts (Nos. 2 and 3) read as follows:jgc:chanrobles.com.ph

    "2. That on or about December 8, 1944, in the City of Manila, the above named accused, Pedro Santos Balingit, for the purpose of giving and with intent to give aid and/or comfort to the enemy, and with the abuse of confidence and of his public position, did then and there wilfully, unlawfully and feloniously point out to the Japanese Military Police Lorenzo Sandoval and Serafin Sandoval and their father, Felipe Sandoval, Urgel Simplicio, Mateo Cruz, and Alfredo Arangel as guerrillas, as a result of which they were all apprehended and taken by the Japanese Military Police, and since then, Serafin Sandoval and Lorenzo Sandoval have never been seen alive again, while Felipe Sandoval was tortured and detained for about two days; Urgel Simplicio tortured and detained for about twelve days; Mateo Cruz tortured and detained for about fifteen days; and Alfredo Arangel tortured and detained for about twelve days.

    "3. That on or about December 16, 1942, in the City of Manila, for the purpose of giving and with intent to give aid and/or comfort to the enemy, the above named accused, Pedro Santos Balingit, did then and there wilfully, unlawfully and feloniously, with abuse of his public position, form part of a squad under Inspector Charles Strebel of the Intelligence Unit, Secret Service Division, Metropolitan Constabulary, which arrested and apprehended Leoncio Gonzales, Tomas Lapus, Eugenio Acosta, Luis San Agustin, Pedro Soriano, Leoncio Crespo and Realino Bartido, all members of the Metropolitan Constabulary, on suspicion of being guerrillas, and did bring and accompany them to Fort Santiago where they were investigated, maltreated, tortured and detained for a period of about one week."cralaw virtua1aw library

    The accused is a Filipino citizen. Before the war he was a member of the warrant unit of the secret service division of the Manila Police Department. Early in 1942 he joined the secret service division of the Metropolitan Constabulary and was assigned to the intelligence unit under Charles Strebel and later under Teofilo Alcantara. This unit operated directly under the supervision of the Japanese military police and was then also called the "Radical Unit" because it was charged with the arrest and investigation of guerrillas and guerrilla activities. Both Strebel and Alcantara were killed by the guerrillas, but the accused continued working with the "Radical Unit" and was seen not infrequently with agents of the Japanese military police.

    With reference to count No. 2, the evidence for the prosecution shows that the accused was a cousin of the brothers Lorenzo Sandoval and Serafin Sandoval, a lieutenant and prospective member, respectively, of the guerrilla forces. As a close relative, he frequented the Sandoval home at No. 131 M. H. del Pilar Street in Manila and was able to learn from Lorenzo Sandoval that the latter was in the resistance movement and was leaving for the mountains on December 10, 1944. Before that date came, however, that is, in the evening of December 8, 1944, Japanese soldiers, accompanied by the accused, raided the house of the Sandovals. The accused had his eyes covered with a piece of cloth. After rounding up all the males in the house, namely, Simplicio Urgel, Alejandro Guiao, Sofronio Pariñas, Alfredo Arangel, Mateo Cruz, Florencio Tolda and Felipe Sandoval, the Japanese proceeded to tie their hands, and once the hands of Felipe Sandoval had been tied, the accused pointed him out to the Japanese as the father of Lorenzo Sandoval. The Japanese then began asking Felipe where his son Lorenzo was, whereupon Felipe’s wife, Basilia Carlos, fearing that her husband might be tortured, entreated him to reveal the whereabouts of their son. Having obtained the desired information, the Japanese, in company with the accused, took Felipe Sandoval with them and proceeded to the house of Perpetua Marigondon on A. Flores Street in Manila where the Sandoval brothers were then hiding. Breaking into the house, they seized Serafin Sandoval and Lorenzo Sandoval and tied their hands. They asked Lorenzo for his gun and guerrilla papers, and as he would not make any admission, he was tortured. Thereafter, Perpetua Marigondon, her brother, the Sandoval brothers and Felipe Sandoval were loaded on a truck and, together with the men who had been left tied at the Sandoval home, were taken to the house of Dr. Baldomero Roxas on Cortabitarte Street where they were confined. They were, however, later released with the exception of Lorenzo Sandoval and Serafin Sandoval, who were never seen alive again.

    The above facts were established by the combined testimony of Basilia Carlos, Corazon Teruel, Felipe Sandoval and Perpetua Marigondon and substantially corroborated by the testimony of the accused himself. The latter admitted having accompanied the Japanese soldiers in making the raid and arrest in the above-mentioned houses but denied that he had his eyes covered. He declared that, on the night in question, the Japanese soldiers woke him up in his house and made him accompany them to the Sandoval home, presumably on the supposition that he knew where the Sandovals were because he was then investigating a shooting incident in which Lorenzo Sandoval was implicated.

    As to count No. 3, the evidence for the prosecution shows that in the afternoon of December 16, 1942, the policemen Tomas Lapus, Leoncio Gonzales, Leoncio Crespo, Realino Bartido, Luis San Agustin, Eugenio Acosta and Pedro B. Soriano were in the detention cell on the fourth floor of the City Hall, having been previously arrested by the "Radical Unit" for their guerrilla activities. Going there at about 4 p.m. on that day, the accused ordered them out of their cells, lined them up and tied them in pairs. While tying the hands of Leoncio Gonzales, the latter begged him to loosen the string, only to receive the reply: "You sons of a b . ., you are guerrillas anyway; you deserve to die." Thereafter, they were loaded on a truck and taken to Fort Santiago by the accused, a Japanese named Cato and a police escort. In Fort Santiago they were tortured and investigated about their guerrilla activities but they were released several days afterward.

    The above facts were established by the testimony of Leoncio Gonzales, Leoncio Crespo, Eugenio Acosta and Pedro B. Soriano. The accused admitted having been the one who tied the hands of the prisoners, but alleged that he had been ordered to do so by Charles Strebel, who was then present, and that it was also Strebel who uttered the offensive words attributed to him by the witnesses for the prosecution. He also denied having been the one who delivered the prisoners to Fort Santiago.

    Upon the above evidence, the People’s Court, with one member dissenting, found the accused guilty of treason and sentenced him to reclusion perpetua, with the accessory penalties prescribed by law and to pay a fine of P10,000 and the costs. From this sentence the accused appealed to this Court.

    There is not much dispute as to the facts. The accused admitted having accompanied the Japanese in the arrest of the Sandoval brothers, who were identified with the resistance movement, and although he claimed it was not true that he had his eyes covered at the time, the important fact is that, of his own accord, he informed the Japanese that Felipe Sandoval was the father of Lorenzo, which information enabled them to get to the hiding place of the Sandovals. Connecting this with the other fact that, shortly before that incident, he was able, because of his relationship to Lorenzo Sandoval, to obtain the information that the latter was about to take to the mountains to join the guerrillas, it is hard to believe that the accused had an innocent part in the timely arrest of the Sandoval brothers. His testimony as to how the Japanese came to know that he had information about Lorenzo Sandoval is vague and unconvincing.

    The incident in the City Hall where, while tying the hands of the detained policemen, he insulted them for being guerrillas, is very clearly proven and is an eloquent proof of the accused’s adherence to the enemy.

    The argument is made that the accused was, at the most, merely obeying superior orders in the suppression of guerrilla activities, which, in the opinion of his counsel, are outlawed by the rules of war. But the evidence is clear that he identified himself with the enemy’s cause by acting as a spy and causing the arrest of even his close relatives to prevent them from taking part in the resistance movement, and while guerrilla warfare may be unlawful from the standpoint of the conqueror, it cannot be so regarded by those who, by natural right, are trying to drive him out of their invaded territory.

    We find no merit in the appeal. We therefore affirm the judgment below, with costs against the Appellant.

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

    Separate Opinions


    REYES, J.:


    I hereby certify that Chief Justice Moran voted for the affirmance of the sentence below.

    G.R. No. L-1298   May 31, 1949 - PEOPLE OF THE PHIL. v. PEDRO SANTOS BALINGIT<br /><br />083 Phil 877


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