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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
 

   
February-1950 Jurisprudence                 

  • G.R. No. L-2193 February 1, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO CANIBAS

    085 Phil 469

  • G.R. No. 1595 February 7, 1950 - EL PUEBLO DE FILIPINAS v. ANTONIO CORASO

    085 Phil 472

  • G.R. No. L-2760 February 11, 1950 - SIMPLICIO DURAN ET AL. v. BIENVENIDO A. TAN

    085 Phil 476

  • G.R. No. L-1508 February 16, 1950 - FEDELITY AND SURETY CO. OF THE PHILS. v. COURT OF APPEALS, ET AL.

    085 Phil 485

  • G.R. No. L-1747 February 16, 1950 - PEOPLE OF THE PHIL. v. MANAUL KOMAYOG

    085 Phil 489

  • G.R. No. L-1896 February 16, 1950 - PEOPLE OF THE PHIL. . v. RAFAEL C. BALMORES

    085 Phil 493

  • G.R. No. L-1979 February 16, 1950 - PEOPLE OF THE PHIL. v. MOROS UDAY, ET AL.

    085 Phil 498

  • G.R. No. 48090 February 16, 1950 - DOLORES PACHECO v. SANTIAGO ARRO, ET AL.

    085 Phil 505

  • G.R. Nos. L-2391 & L-2392 February 22, 1950 - PEOPLE OF THE PHIL. v. DIONISIO DIZON Y GUEVARRA ET AL.

    085 Phil 515

  • G.R. No. L-2320 February 22, 1950 - EL PUEBLO DE FILIPINAS v. GERARDO VILLANUEVA

    085 Phil 518

  • G.R. No. L-2406 February 22, 1950 - PEOPLE OF THE PHIL. v. JUANITO NAPILI

    085 Phil 521

  • G.R. No. L-2707 February 22, 1950 - PEOPLE OF THE PHIL. v. YAKANS PAWIN, ET AL

    085 Phil 528

  • G.R. No. L-1778 February 23, 1950 - PEOPLE OF THE PHIL. . v. LEONORA TALLEDO, ET AL.

    085 Phil 533

  • G.R. No. L-975 February 27, 1950 - EL PUEBLO DE FILIPINAS v. MACARIO O. MACAYA

    085 Phil 540

  • G.R. No. L-2278 February 27, 1950 - PEOPLE OF THE PHIL. v. IRINEO BONDOC

    085 Phil 545

  • G.R. No. L-2348 February 27, 1950 - GREGORIO PERFECTO v. BIBIANO L. MEER

    085 Phil 552

  • G.R. No. L-2620 February 27, 1950 - PEOPLE OF THE PHIL. v. PERFECTO CRUZ ET AL.

    085 Phil 577

  • G.R. No. L-2688 February 27, 1950 - PEOPLE OF THE PHIL. v. PRIMITIVO OSI

    085 Phil 592

  • G.R. No. L-2725 February 27, 1950 - PEOPLE OF THE PHIL. v. ERNESTO Y. SEBASTIAN, ET AL

    085 Phil 601

  • G.R. No. L-2730 February 27, 1950 - PEOPLE OF THE PHIL. v. ERNESTO AQUINO

    085 Phil 604

  • G.R. No. L-3592 February 27, 1950 - ANNE B. BACHRACH v. RAFAEL AMPARO, ET AL

    085 Phil 609

  • G.R. No. L-2043 February 28, 1950 - PEOPLE OF THE PHIL. v. ALEJANDRO Y. CARILLO, ET AL.

    085 Phil 611

  • G.R. No. L-2228 February 28, 1950 - PEOPLE OF THE PHIL. v. FRUCTUOSO RABANDABAN

    085 Phil 636

  • G.R. No. L-2621 February 28, 1950 - PEOPLE OF THE PHIL. v. JESUS GUANCO

    085 Phil 639

  • G.R. No. L-2622 February 28, 1950 - IRINEO FACUNDO v. VALENTIN R. LIM, ET AL.

    085 Phil 641

  • G.R. No. L-2857 February 28, 1950 - PEOPLE OF THE PHIL. v. MORO ISNAIN

    085 Phil 648

  • G.R. No. L-2873 February 28, 1950 - PEOPLE OF THE PHIL. v. EUGENIO Y. GARCIA

    085 Phil 651

  • G.R. No. L-2929 February 28, 1950 - CITY OF MANILA v. ARELLANO LAW COLLEGES, INC.

    085 Phil 663

  •  





     
     

    G.R. No. L-3592   February 27, 1950 - ANNE B. BACHRACH v. RAFAEL AMPARO, ET AL<br /><br />085 Phil 609

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-3592. February 27, 1950.]

    Testate estate of Alexander I. Bachrach. ANNE B. BACHRACH, executrix, Petitioner, v. RAFAEL AMPARO and Intestate estate of VALENTIN DESCALS by its Administrator IGNACIO PLANAS, Respondents.

    Gibbs, Gibbs, Chuidian & Quasha for Petitioner.

    Ramirez & Ortigas for Respondents.

    SYLLABUS


    1. JUDGMENT, FINAL; MORATORIUM LAW; WAIVER; PAYMENT OF PROMISSORY NOTE WITH DEBTOR’S CONSENT. — Inasmuch as the executrix recommended payment of the note and the order of payment based on such recommendation has become final and outstanding for several years, the moratorium may not now be invoked, her action being a waiver thereof, which may not be withdrawn at will.


    D E C I S I O N


    BENGZON, J.:


    This is a petition to annul the order of the respondent judge of December 28, 1949, ordering the herein petitioner as executrix of the deceased Alexander I. Bachrach to pay, within ten days, the claim of Valentin Descals arising out of a promissory note Exhibit A, executed on January 23, 1945 by said Alexander I. Bachrach in words as follows:jgc:chanrobles.com.ph

    "Pagare a Don Valentin Descals o a su orden a su requerimiento no antes de ciento veinte (120) dias despues de firmada la paz entre el Japon y los Estados Unidos de America la cantidad de pesos siete mil quinientos (P7,500) moneda filipina corriente, valor recibido del mismo a mi entera satisfaccion.

    "Manila, 23 Enero 1945.

    "Testigo:jgc:chanrobles.com.ph

    "(Fdo.) CARLOS OTEYZA (Fdo.) A. BACHRACH."cralaw virtua1aw library

    The petition is based upon the moratorium law.

    It appears that subsequent to the execution of the above note Alexander I. Bachrach died; that in the proceedings to settle his estate in the Manila Court of First Instance Anne B. Bachrach, the herein petitioner, was named executrix; that Valentin Descals filed therein his claim represented by the note; that at the hearing of February 28, 1946 "the executrix through her counsel" recommended "favorably the payment of the promissory note Exhibit A", and pursuant to such representations, the Honorable Buenaventura Ocampo, Judge, on July 1, 1946, ordered the payment of the sum of P7,500 to Valentin Descals in due course of administration; that subsequently Valentin Descals died; that on January 11, 1949 his administrator, the respondent Ignacio Planas, asked the court that the executrix be ordered to pay the above-mentioned promissory note; that the executrix objected alleging two defenses, namely, (1) that the obligation of the deceased Bachrach was payable only after the signing of the treaty of peace with Japan, which so far has not been signed and (2) the moratorium orders and laws; that on February 1, 1949 the respondent judge, acting in Manila, overruled the objection and ordered the payment of the promissory note inasmuch as the order of July 1, 1946, had become final and executory more than two years before; that this last order likewise acquired finality through the failure of petitioner to appeal in due time, the order disapproving her record on appeal having been entered on December 13, 1949; that on December 16, 1949, petitioner filed a motion to suspend the payment of the note and the enforcement of the order of February 1, 1949, invoking the moratorium orders; that the respondent judge denied the petition and reiterated the order of payment giving the executrix ten days within which to comply. Hence this petition.

    This court is unanimous in the opinion that inasmuch as the executrix recommended payment of the note and the order of payment based on such recommendation has become final and outstanding for several years, the moratorium may not now be invoked, her action being a waiver thereof, which may not be withdrawn at will.

    And although relief might possibly be extended under Rule 38 if it is proved that her waiver was made through mistake etc., her failure to appeal the orders denying her petition based on such grounds precludes the grant of any remedy along that line at this stage of the proceedings.

    The order of the respondent judge will stand. The petition is denied, with costs.

    Moran, C.J., Ozaeta, Pablo, Padilla, Tuason, Montemayor, Reyes and Torres, JJ., concur.

    G.R. No. L-3592   February 27, 1950 - ANNE B. BACHRACH v. RAFAEL AMPARO, ET AL<br /><br />085 Phil 609


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