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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
 

   
October-1949 Jurisprudence                 

  • G.R. No. L-1451 October 6, 1949 - TAN TUAN ET AL. v. LUCENA FOOD CONTROL BOARD, ET AL.

    084 Phil 687

  • G.R. No. L-3215 October 6, 1949 - ALONZO A. BAGTAS v. DIRECTOR OF PRISONS

    084 Phil 692

  • G.R. No. L-743 October 11, 1949 - PEOPLE OF THE PHIL. v. POLICARPIO DUMAPIT

    084 Phil 698

  • G.R. No. L-1610 October 12, 1949 - DOROTEA DE LA CRUZ v. DEOGRACIAS MARCELINO

    084 Phil 709

  • G.R. No. L-1355 October 12, 1949 - LUCIO PALANCA CHILIANCHIN v. EUSEBIO COQUINCO

    084 Phil 714

  • G.R. No. L-1567 October 13, 1949 - PEOPLE OF THE PHIL. v. OSCAR SALICO

    084 Phil 722

  • G.R. No. L-2822 October 13, 1949 - PEOPLE OF THE PHIL. v. TEOFILO D. MARI

    084 Phil 738

  • G.R. No. L-3081 October 14, 1949 - ANTONIO LACSON v. HONORIO ROMERO, ET AL.

    084 Phil 740

  • G.R. No. L-3050 October 17, 1949 - ALBERTO A. VILLAVERT v. TOBIAS FORNIER

    084 Phil 756

  • G.R. No. L-2190 October 19, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO ABALOS

    084 Phil 771

  • G.R. No. L-833 October 20, 1949 - CARLOS PIÑERO v. MARCELO ENRIQUEZ, ET AL.

    084 Phil 774

  • Adm. Case No. 25 October 25, 1949 - AMBROSIA SUMAÑGIL, ET AL. v. MARIANO STA. ROMANA

    084 Phil 777

  • G.R. No. L-1553 October 25, 1949 - PEOPLE OF THE PHIL. v. FRANCISCO CONCEPCION

    084 Phil 787

  • G.R. No. L-1560 October 25, 1949 - DEMETRIA ESTRADA v. ULDARICO CASEDA

    084 Phil 791

  • G.R. No. L-1849 October 25, 1949 - LAUREANA GABIN v. MARIA MELLIZA, ET AL.

    084 Phil 794

  • G.R. No. L-1776 October 27, 1949 - PAZ M. CEA, ET AL. v. COURT OF APPEALS, ET AL.

    084 Phil 798

  • G.R. No. L-2413 October 27, 1949 - DIRECTOR OF LANDS, ET AL. v. EMILIO GARCIA, ET AL.

    084 Phil 802

  • G.R. No. L-2057 October 29, 1949 - ESPERANZA F. DE GONZALEZ v. ERNESTO GONZALEZ

    084 Phil 806

  • G.R. No. L-594 October 31, 1949 - LEON O. MANZANILLO v. JOSE G. JARAMILLA

    084 Phil 809

  • G.R. No. L-1454 October 31, 1949 - EMILIO RUMBAOA, ET AL. v. IGNACIO ARZAGA, ET AL.

    084 Phil 812

  • G.R. No. L-1507 October 31, 1949 - HOSPITAL SAN JUAN DE DIOS v. HOSPITAL SAN JUAN DE DIOS, ET AL.

    084 Phil 820

  • G.R. No. L-1551 October 31, 1949 - NICANOR TAN v. REPUBLIC OF THE PHIL.

    084 Phil 829

  • G.R. No. L-1554 October 31, 1949 - JULIAN CABRERA v. PEDRO V. LOPEZ, ET AL.

    084 Phil 834

  • G.R. No. L-1873 October 31, 1949 - LUIS SAN JOSE, ET AL. v. EUSEBIO CASTILLO

    084 Phil 839

  • G.R. No. L-1949 October 31, 1949 - REALTY INVESTMENTS, INC., ET AL. v. MARIANO VILLANUEVA, ET AL.

    084 Phil 842

  • G.R. No. L-2089 October 31, 1949 - JUSTA G. GUIDO v. RURAL PROGRESS ADMINISTRATION

    084 Phil 847

  • G.R. No. L-2116 October 31, 1949 - JOSEFA FABIE v. NGO BOO SOO, ET AL.

    084 Phil 857

  • G.R. No. L-2168 October 31, 1949 - CELSO ICASIANO v. BIENVENIDO TAN, ET AL.

    084 Phil 860

  • G.R. No. L-3311 October 31, 1949 - M. MARGOLARI v. TIBURCIO TANCINCO, ET AL.

    084 Phil 865

  •  





     
     

    G.R. No. L-1560   October 25, 1949 - DEMETRIA ESTRADA v. ULDARICO CASEDA<br /><br />084 Phil 791

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-1560. October 25, 1949.]

    DEMETRIA ESTRADA, Plaintiff-Appellant, v. ULDARICO CASEDA, Defendant-Appellee.

    San Juan, Africa, Yñiguez & Benedicto and Enrique M. Fernando for Appellant.

    Jose E. Erfe for Appellee.

    SYLLABUS


    1. STATUTORY CONSTRUCTION; AMENDMENT; AMENDED ACT, CONSTRUCTION OF. — An amended act is ordinarily to be construed as if the original statute had been repealed, and a new and independent act in the amended form had been adopted in its stead; or, as frequently stated by the courts, so far as regards any action after the adoption of the amendment, as if the statute had been originally enacted in its amended form. The amendment becomes a part of the original statute as if it had always been contained therein, unless such amendment involves the abrogation of contractual relations between the state and others. Where an amendment leaves certain portions of the original act unchanged, such portions are continued in force, with the same meaning and effect they had before the amendment. So where an amendatory act provides that an existing statute shall be amended to read as recited in the amendatory act, such portions of the existing law as are retained, either literally or substantially, are regarded as a continuation of the existing law, and not as a new enactment.

    2. ID.; EFFECTIVE DATE OF AMENDED ACT; EXPIRATION DATE OF RENTAL LAW. — The provision of Republic Act No. 66 amending section 14 of Commonwealth Act No. 689, related back to, and should be computed from, the date of the approval of the amended act, that is October 15, 1945. The period as thus construed expired on October 15, 1949.


    D E C I S I O N


    TUASON, J.:


    This case is before this Court for review of a decision of the Court of First Instance of Manila reversing the judgment of the municipal court and declaring that "the plaintiff may not eject the defendant from the premises in question."cralaw virtua1aw library

    It appears that on September 5, 1945, plaintiff brought this suit, for unlawful detainer, alleging that defendant leased from her a part of a dwelling at a monthly rental of P26; that on August 11, 1945, plaintiff notified defendant in writing to vacate the premises under lease, because one of her married daughters was going to occupy them by the first of the following month; that defendant refused to leave.

    On October 13, 1945, Judge Mariano Nable, then of the municipal court, gave judgment for plaintiff with order for defendant to pay the rent from October 1, 1945, at the rate of P26 a month.

    On the case being appealed to the Court of First Instance, defendant filed an answer alleging as special defense, among others not necessary to the solution of this appeal, "that the main motive of the plaintiff in bringing the present action is to oust the defendant and lease the same premises to third parties who are willing to pay the black market rental."cralaw virtua1aw library

    In reversing the judgment of the municipal court, the Court of First Instance of Manila, Judge Rafael Dinglasan presiding, said that "Commonwealth Act No. 689, as amended only provides three grounds for ejecting a lessee or occupant from a building destined solely for dwelling, namely (1) for willful and deliberate non-payment of rents, (2) when the lessor has to occupy the building leased, and (3) when the lessee shall have subleased the building or any part thereof as dwelling or for dwelling purposes without the written consent of the proprietor." None of these conditions, according to the court, was alleged much less proved. The court correctly held that the fact that the premises under lease were needed by plaintiff’s married daughter was not comprehended in the second ground.

    The above requirements were provided in Commonwealth Act No. 689, which was approved October 15, 1945. Section 14 of that Act provided that the same "shall be in force for a period of two years after its approval." Republic Act No. 66, approved October 18, 1946, amended section 14 of Commonwealth Act No. 689 so as to read as follows: "Section 14. This Act shall be in force for a period of four years after its approval."cralaw virtua1aw library

    When did this four-year period commence to run? Is the present lease still within this period?

    An amended act is ordinarily to be construed as if the original statute had been repealed, and a new and independent act in the amended form had been adopted in its stead; or, as frequently stated by the courts, so far as regards any action after the adoption of the amendment, as if the statute had been originally enacted in its amended form. The amendment becomes a part of the original statute as if it had always been contained therein, unless such amendment involves the abrogation of contractual relations between the state and others. Where an amendment leaves certain portions of the original act unchanged, such portions are continued in force, with the same meaning and effect they had before the amendment. So where an amendatory act provides that an existing statute shall be amended to read as recited in the amendatory act, such portions of the existing law as are retained, either literally or substantially, are regarded as a continuation of the existing law, and not as a new enactment. (59 C. J., 1096, 1097.)

    In accordance with this rule, the provision of Republic Act No. 66 amending section 14 of Commonwealth Act No. 689, related back to, and should be computed from, the date of the approval of the amended act, that is October 15, 1945. The period as thus construed expired on October 15, 1949.

    The judgment of Judge Dinglasan was correct, but, the period reckoned by the trial court being now over, our decision is that judgment shall be rendered ejecting defendant from the house described in the complaint and ordering him to pay rent at the rate of P26 a month from October 1, 1945. It is so ordered, without costs.

    Moran, C.J., Ozaeta, Paras, Feria, Montemayor, Reyes and Torres, JJ., concur.

    Separate Opinions


    MORAN, C.J. :chanrob1es virtual 1aw library

    Mr. Justice Bengzon voted in conformity with this decision.

    PADILLA, J.:


    I concur in the result. Commonwealth Act No. 689, as amended by Republic Act No. 66, cannot be given retroactive effect. The cause of action in the case at bar arose before the passage of the Acts.

    G.R. No. L-1560   October 25, 1949 - DEMETRIA ESTRADA v. ULDARICO CASEDA<br /><br />084 Phil 791


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