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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-2450   May 31, 1949 - VERONICA RUPERTO v. CEFERINO FERNANDO<br /><br />083 Phil 943

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-2450. May 31, 1949.]

    VERONICA RUPERTO, Petitioner, v. CEFERINO FERNANDO and LUCIO M. TIANCO, Judge of Municipal Court of Rizal City, Respondents.

    Paredes, Diaz & Poblador and Jose A. Buendia for Petitioner.

    Julian Florentino for Respondents.

    SYLLABUS


    PLEADING AND PRACTICE; MOTION TO DISMISS; GROUNDS ON FACTS NOT ALLEGED IN THE COMPLAINT. — A motion to dismiss under Rule 8 of the Rules of Court, is not like a demurrer provided for in the old Code of Civil Procedure that must be based only on the facts alleged in the complaint. Except where the ground is the complaint does state no cause of action which must be based only on the allegations in the complaint, a motion to dismiss may be based on facts not alleged and may even deny those alleged in the complaint; and that is the reason why it is set for hearing for the presentation of evidence in support of and against the contention of the defendant.


    D E C I S I O N


    FERIA, J.:


    From the record before us, it appears that a complaint of ejectment was filed by Ceferino Fernando, one of the respondents in this case, against Veronica Ruperto, Petitioner, with the municipal court of Rizal City, in which the following, among others, is alleged:jgc:chanrobles.com.ph

    "2. That the plaintiff is the exclusive and lawful lessee of a store space at the Libertad Public Market, Rizal City, by virtue of a lease contract executed and entered into by and between Rufino F. Mateo, Mayor, Rizal City, and Ceferino Fernando, as lessor and lessee respectively, under date of March 6, 1948, as per copy of the lease contract hereto attached as Exhibit A and forming part of this complaint;"

    The defendant filed a motion to dismiss on the ground (1) that the court has no jurisdiction over the case because it is not capable of pecuniary estimation, and (2) that the complaint does not state a cause of action.

    An opposition to motion to dismiss was filed by the plaintiff in which the latter states the following:jgc:chanrobles.com.ph

    "The question at issue is clear: Who is legally entitled to the possession of the space in the Libertad Public Market? In other words: Who has a better leasehold right? The plaintiff or the defendant? The answer is inescapable, the plaintiff has a better leasehold right. The defendant claims she has a better leasehold right based upon a contract executed by and between the city mayor and the plaintiff. The city treasurer’s permit was issued not in accordance with the prescribed rules, regulations and practice of the city in awarding market stalls. It is the practice of the city to lease store space by the treasurer. The court has jurisdiction, therefor. The jurisdiction of the court in an action of forcible entry and detainer is not lost even if the question of ownership or title is raised in the answer of the defendant as held in the case of Mediran v. Villanueva, 37 Phil., 752. The fundamental issue, to repeat, in the instant case is that the justice of the peace court has jurisdiction to adjudicate the light of possession, and the defendant in an action before the justice of the peace to recover possession cannot deprive the court of such jurisdiction by merely claiming ownership or title to the property (Mediran v. Villanueva, 37 Phil., 752)."cralaw virtua1aw library

    The municipal court denied the motion to dismiss for lack of merit on the ground that the defendant bases his contention that the court has no jurisdiction over the case on facts not alleged in the complaint, and hence the filing of the present civil action of certiorari, which may properly be considered as of prohibition, because the principal remedy sought is to prevent the respondent judge from taking cognizance of the case for lack of jurisdiction.

    The respondent judge is not correct in holding that, in a motion to dismiss on the ground of lack of jurisdiction, the defendant cannot "base his arguments on question of facts not touched in the complaint and which partakes the nature of special defenses, to be proved by presentation of evidence." A motion to dismiss under Rule 8 of the Rules of Court, is not like a demurrer provided for in the old Code of Civil Procedure that must be based only on the facts alleged in the complaint. Except where the ground is that the complaint does state no cause of action which must be based only on the allegations in the complaint, a motion to dismiss may be based on facts not alleged and may even deny those alleged in the complaint; and that is the reason why it is set for hearing for the presentation of evidence in support of and against the contention of the defendant.

    In the present case, although no evidence was adduced in support of the contention of the defendant, the complaint and the opposition to the motion to dismiss clearly show that the court has no jurisdiction over the subject-matter of the action of the plaintiff, because it is neither an action of forcible entry nor of illegal detainer, but an action for the recognition of the plaintiff’s preferred right to the use and occupancy of the stall in question in the Libertad Public Market against the claim of the defendant, and therefore not capable of pecuniary estimation. In the case of Torres v. Ocampo (80 Phil., 36), this Court held the following that is squarely applicable to the present case for the determination of the nature of plaintiff’s action.

    "The action of the plaintiff against the defendant is not an action of forcible entry, for the simple reason that it is not an action instituted by a person who was in possession of a land or building against a person who has deprived him of the possession thereof by force, intimidation, threat, strategy or stealth, within one year from such unlawful deprivation. Assuming, without deciding, for the purpose of this decision that a market stall is a building or land within the meaning of Rule 72, Rules of Court; whatever right the plaintiff may have to occupy the market stall in question, originated upon the alleged award to plaintiff by the City Health Officer of Manila. And not having entered into possession under that award or lease of the market stall in dispute, plaintiff had acquired no right in the leased property in the nature of a right in rem, which third persons were bound to respect or not to infringe.

    "The action brought by the plaintiff against the defendant was not an action of illegal detainer, because according to section 1, Rule 72 this action is for the recovery of possession of any land or building, instituted within one year from date of illegal possession, by a person against whom the possession of any land or building is being unlawfully withheld by another after the right of the latter to hold possession by virtue of any contract, express or implied, with the plaintiff has expired or terminated. In the present case, there was no contract whatsoever, express or implied, between plaintiff and defendant for the possession of the market stall, and hence no expiration or termination of the letter’s right to hold possession thereof under contract."cralaw virtua1aw library

    In view of the foregoing, it is evident that the municipal court of Rizal City has no jurisdiction over the case, and the respondent judge is therefore ordered to desist and refrain from further proceeding in the present case, with costs against the respondent Ceferino Fernando. So ordered.

    Ozaeta, Paras, Pablo, Bengzon, Montemayor and Reyes, JJ., concur.

    Separate Opinions


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

    We are of opinion that the grounds upon which the majority have decided to reverse the action of the municipal court of Rizal City are too technical for purposes of substantial justice.

    The complaint filed by Ceferino Fernando has raised a case of illegal detainer and, therefore, within the jurisdiction of inferior court where it was instituted.

    The purpose of the summary proceedings outlined by the rules in cases of illegal detainer is for expeditious settlement of controversial possession, as such controversies may give occasion to disturbance to peace and order. The purpose is to nip in the bud a dispute which may lead to more serious conflicts and consequences. That purpose is defeated by the majority decision.

    G.R. No. L-2450   May 31, 1949 - VERONICA RUPERTO v. CEFERINO FERNANDO<br /><br />083 Phil 943


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