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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-2057   October 29, 1949 - ESPERANZA F. DE GONZALEZ v. ERNESTO GONZALEZ<br /><br />084 Phil 806

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-2057. October 29, 1949.]

    ESPERANZA F. DE GONZALEZ, Plaintiff-Appellee, v. ERNESTO GONZALEZ, Defendant-Appellant.

    Antonio Gonzalez for Appellant.

    Tañada, Pelaez & Teehankee for Appellee.

    SYLLABUS


    1. JUDGMENT; HUSBAND AND WIFE; SUPPORT; JUDGMENT AS MODIFIED BY APPELLATE COURT WHEN EFFECTIVE; INTERPRETATION OF DISPOSITIVE PART. — When the Court of Appeals said that "the judgment of the trial court is modified, reducing the amount of support to P350 monthly," it meant that the reduction or the amount of the monthly pension from P500 to P350 is applicable to the whole period covered by this litigation, and, therefore, it became effective from July 1, 1945. In the absence of any word or expression which might suggest a contrary intention on the part of the Court of Appeals the above is the most correct and sound interpretation of the wording of the dispositive part of said decision of said court, particularly in view of the fact that defendant appealed from the order of the lower court of January 2, 1946, on the question of the amount which he should pay the plaintiff for her support and that of his eight children, which was decided by the Court of Appeals by reducing it from P500 to P350.


    D E C I S I O N


    TORRES, J.:


    This case is before this Court upon certification by the Court of Appeals which in its resolution of February 17, 1948 said that it lacks jurisdiction to pass upon the question raised by appellant herein.

    It appears that on January 2, 1946, in civil case No. 70660 between the above-named parties, the Court of First Instance of Manila pendente lite issued an order commanding the defendant to pay the plaintiff a monthly pension of P500 for her support and that of her eight children beginning from July 1, 1945 less the amounts already delivered by him to plaintiff for her support.

    The case was appealed, and on April 29, 1947, the Court of Appeals rendered a decision the dispositive part of which says: "In view of the foregoing considerations, the judgment of the trial court is modified, reducing the amount of support to P350 monthly, with costs."cralaw virtua1aw library

    On June 18, 1947, and in connection with the above-quoted dispositive part of the decision of the Court of Appeals, the Honorable Felipe Natividad of the Court of First Instance of Manila, issued an order the dispositive part of which reads:jgc:chanrobles.com.ph

    "Wherefore, the order of this Court of February 10, 1947, is hereby amended so as to read as follows:jgc:chanrobles.com.ph

    "‘Wherefore, the defendant, Ernesto Gonzalez, is hereby ordered to pay to the plaintiff, Esperanza F. de Gonzales, the amount of P2,845 as pension in arrears for the support of said plaintiff and her eight children living with her for the period from July 1, 1945, to May 31, 1947, within fifteen days counted from that on which notice of this order is served on him, plus the sum of P350 monthly beginning June 1, 1947, for the same concept, until further orders from this Court.’"

    This case was brought once more to the Court of Appeals, appellant Ernesto Gonzalez alleging that the lower court erred in making the decision of the Court of Appeals effective only from June 1, 1947, and not from July 1, 1945, and that therefore it also erred in ordering the defendant-appellant to pay the plaintiff-appellee the sum of P2,845 as pension in arrears.

    The above-quoted dispositive part of the decision of the Court of Appeals, is silent as to the date when the payment of the reduced monthly support of P350 to appellee shall become effective. Appellant claims that the monthly payment of the sum of P350 should be made effective as of July 1, 1945. On the other hand, the appellee contends that a monthly pension of P500 should be paid to her during the period from July, 1945 to May 31, 1947, and thereafter said pension should be at the rate of P350 monthly. Thus while the appellant contends that the lower court arbitrarily interpreted the decision of the Court of Appeals, the appellee holds the contrary view. Therefore, the Court of Appeals in its said resolution of February 17, 1948, held that, there being no question of fact raised, the issue involved herein is clearly one of law.

    From the clear wording of the dispositive part of the decision of April 29, 1947, it cannot be denied that when the Court of Appeals said that "the judgment of the trial court is modified, reducing the amount of support to P350 monthly," it meant that the reduction of the amount of the monthly pension from P500 to P350 is applicable to the whole period covered by this litigation, and, therefore, it became effective from July 1, 1945. In the absence of any word or expression which might suggest a contrary intention on the part of the Court of Appeals, the above is the most correct and sound interpretation of the wording of the dispositive part of said decision of the Court of Appeals, particularly in view of the fact that defendant appealed from the order of the lower court of January 2, 1946, on the question of the amount which he should pay the plaintiff for her support and that of his eight children, which was decided by the Court of Appeals by reducing it from P500 to P350.

    We, therefore, reverse the order of the lower court of June 18, 1947, in so far as it is not in accord with the terms of this decision; otherwise, it is affirmed. The Court of First Instance shall make the necessary and proper readjustment of the amount, if any, that is still due the plaintiff. Without costs. So ordered.

    Ozaeta, Paras, Feria, Bengzon, Padilla, Tuason, Montemayor and Reyes, JJ., concur.

    G.R. No. L-2057   October 29, 1949 - ESPERANZA F. DE GONZALEZ v. ERNESTO GONZALEZ<br /><br />084 Phil 806


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