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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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March-1950 Jurisprudence                 

  • G.R. No. L-1720 March 4, 1950 - SIA SUAN, ET AL. v. RAMON ALCANTARA

    085 Phil 669

  • G.R. No. L-2038 March 4, 1950 - LUIS DEL CASTILLO v. METROPOLITAN INSURANCE COMPANY

    085 Phil 678

  • G.R. No. L-2171 March, 4, 1950 - EL PUEBLO DE FILIPINAS v. IDE LAGON RAMOS

    085 Phil 683

  • G.R. No. L-2407 March 4, 1950 - PEOPLE OF THE PHIL. v. MATIAS ALUPAY

    085 Phil 688

  • G.R. No. L-2447 March 4, 1950 - PEOPLE OF THE PHIL. v. PEDRO PULIDO, ET AL

    085 Phil 695

  • G.R. No. L-1296 March 6, 1950 - PEOPLE OF THE PHIL. v. JOSE PALICTE

    085 Phil 711

  • G.R. No. L-1546 March 6, 1950 - PEOPLE OF THE PHILS. v. RUFINO SURALTA

    085 Phil 714

  • G.R. No. L-2462 March 6, 1950 - EL PUEBLO DE FILIPINAS v. GO LEE

    085 Phil 718

  • G.R. No. L-2665 March 6, 1950 - PEOPLE OF THE PHIL. v. FLORENTINO PATERNO, ET AL

    085 Phil 722

  • G.R. No. L-2996 March 6, 1950 - PEOPLE OF THE PHIL. v. PRECIANO MEJARES, ET AL.

    085 Phil 727

  • G.R. No. L-3463 March 6, 1950 - LEONCIO ROSARES v. DIRECTOR OF PRISONS

    085 Phil 730

  • G.R. No. L-2335 March 7, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO MORENO

    085 Phil 731

  • G.R. No. L-3643 March 7, 950

    CARLOS C. ASPRA v. DIRECTOR OF PRISONS

    085 Phil 737

  • G.R. No. L-2269 March 14, 1950 - FABIAN B. S. ABELLERA v. NARCISO DE GUZMAN

    085 Phil 738

  • G.R. No. L-1990 March 15, 1950 - PEOPLE OF THE PHIL. v. LEONILO GANAL, ET AL.

    085 Phil 743

  • G.R. No. L-2809 March 22, 1950 - PEOPLE OF THE PHIL. v. FRISCO HOLGADO

    085 Phil 752

  • G.R. No. L-3022 March 22, 1950 - PEOPLE OF THE PHIL. v. PEDRO CABASA, ET AL

    085 Phil 758

  • G.R. No. L-3580 March 22, 1950 - CONRADO MELO v. PEOPLE OF THE PHIL., ET AL

    085 Phil 766

  • G.R. No. L-2217 March 23, 1950 - MIGUEL R. CORNEJO v. BIENVENIDO A. TAN

    085 Phil 772

  • G.R. No. L-2582 March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ

    085 Phil 776

  • G.R. No. L-2981 March 23, 1950 - VISAYAN SURETY & INSURANCE CORP. v. VICTORIA PASCUAL, ET AL

    085 Phil 779

  • G.R. No. L-2434 March 25, 1950 - PEOPLE OF THE PHIL. v. MACABANTUG RANGON ET AL.

    085 Phil 786

  • G.R. No. L-2584 March 25, 1950 - PEOPLE OF THE PHIL. v. TEODORO BARRAMEDA

    085 Phil 789

  • G.R. No. L-2636 March 25, 1950 - YU SIP v. COURT OF APPEALS

    085 Phil 795

  • G.R. No. L-2784 March 25, 1950 - PEOPLE OF THE PHIL. v. GERARDO NARSOLIS ET AL.

    085 Phil 798

  • G.R. No. L-2856 March 27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL

    085 Phil 802

  • G.R. No. L-2743 March 29, 1950 - PEOPLE OF THE PHIL. v. SIXTO CANDELARIA

    085 Phil 805

  • G.R. No. L-836 March 30, 1950 - PEOPLE OF THE PHIL. v. ANACLETO MAGDANG, ET AL

    085 Phil 807

  • G.R. No. L-1912 March 30, 1950 - EL PUEBLO DE FILIPINAS v. ANATOLIO LLENARIZAS

    085 Phil 809

  • G.R. No. L-2239 March 30, 1950 - PEOPLE OF THE PHIL. v. AURELIO SANTIAGO

    085 Phil 813

  • G.R. No. L-2275 March 30, 1950 - PEOPLE OF THE PHIL. v. SIMPLICIO MACASO, ET ALS.

    085 Phil 819

  • G.R. No. L-2288 March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG

    085 Phil 829

  • G.R. No. L-2600 March 30, 1950 - PEOPLE OF THE PHIL. v. PEDRO MARAPAO

    085 Phil 832

  • G.R. No. L-2647 March 30, 1950 - PEOPLE OF THE PHIL. v. DIONISIO S. SERRANO

    085 Phil 835

  • G.R. No. L-2681 March 30, 1950 - PEOPLE OF THE PHIL. v. DARIO MARGEN, ET AL.

    085 Phil 839

  • G.R. No. L-2175 March 31, 1950 - NG GIOC LIU v. SECRETARY OF THE DFA

    085 Phil 842

  • G.R. No. L-2189 March 31, 1950 - PEOPLE OF THE PHIL. v. CILDO, ET AL

    085 Phil 845

  • G.R. No. L-2318 March 31, 1950 - PEOPLE OF THE PHIL. v. TEOFILO PAAR

    085 Phil 864

  • G.R. No. L-2405 March 31, 1950 - PEOPLE OF THE PHIL. v. JUAN DE LOS SANTOS

    085 Phil 870

  • G.R. No. L-2801 March 31, 1950 - PEOPLE OF THE PHIL. v. PEDRO BELANDRES, ET AL.

    085 Phil 874

  • G.R. No. L-2880 March 31, 1950 - PEOPLE OF THE PHIL. v. DEMETRIO MOSTOLES, ET AL.

    085 Phil 883

  •  




     
     

    G.R. No. L-2582   March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ<br /><br />085 Phil 776

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2582. March 23, 1950.]

    TRINIDAD SEMIRA and ISIDORO G. MERCADO, Petitioners, v. JUAN ENRIQUEZ, Judge, Court of First Instance of Batangas, Respondent.

    Potenciano A. Magtibay, for Petitioners.

    Respondent Judge in his own behalf.

    SYLLABUS


    1. JUDGMENTS; PETITION FOR CORRECTION OF JUDGMENT AND EXTENSION OF TIME TO APPEAL; DUTY OF COURT TO DECIDE. — In case a party to a case files a petition for correction of the judgment rendered and for an extension of time to perfect an appeal, he is entitled to expect action thereon by the court. The latter is in duty bound to decide and resolve the two petitions and it is unfair for it to declare the judgment rendered in the case final; and executory without first complying with its duty to act on the petitions for extension of time to perfect the appeal and for correction of judgment.


    D E C I S I O N


    PADILLA, J.:


    This is a petition for a writ of mandamus to compel the respondent court to correct an erroneous statement made in its order of 26 May 1948, entered in civil case No. 43 of the court of first instance of the province of Batangas entitled "Trinidad Semira Et. Al., Plaintiffs, v. Jose R. Azores Et. Al., defendants;" to secure a declaration by this Court that the motion for correction of 21 June 1948 filed in said case by the petitioners, the plaintiffs in the court below, suspended the running of the 30-day period within which an appeal could be taken; and to have the order of 25 September 1948 entered by the respondent court in the case, whereby it declared that the judgment rendered therein had become final and executory, set aside.

    Answering the petition, the judge of the respondent court alleges that the defendants in the case, in which the judgment sought to be appealed was entered, are necessary parties and must be joined; and, after setting forth the proceedings in the court below pertinent to the question raised by the petitioners, prays that the petition be dismissed for lack of merit.

    The facts alleged in the petition are as follows: The petitioners are the plaintiffs and Jose R. Azores, Sinforoso Azores, Antonio Azores, Norberta Azores, Bienvenido Azores, Apolonia Azores, Manuel Azores and Juana Azores are the defendants in civil case No. 43 of the court of first instance of Batangas. On 7 July 1944, judgment was rendered therein for the defendants. Counsel for the plaintiffs received a copy of the judgment on 7 August 1944. Twenty-seven (27) (should be 23) days after receipt of the notice of judgment, and three (3) (should be 7) days before the last day of the 30-day period within which the losing party could perfect an appeal, or on 30 August 1944, counsel for the plaintiffs filed a motion for reconsideration. On 26 May 1948, after the record of the case had been reconstituted, the respondent court denied the motion for reconsideration. On 21 June, counsel for the plaintiffs received a copy of the order denying the motion for reconsideration. But prior to the receipt of a copy of the last order, on 5 June 1948 counsel for the plaintiffs filed an urgent ex-parte petition ad cautelam, dated 1 June 1948, for additional 15 days within which to perfect the appeal, should the court deny the motion for reconsideration. As in the order of 26 May 1948, denying the motion for reconsideration, a misstatement was made, to wit: that the defendants filed the motion for reconsideration and the plaintiffs filed an opposition thereto, when it was just the reverse, on 21 June 1948, or on the same day counsel for the plaintiffs received a copy of the last mentioned order, counsel filed a petition for correction and set it for hearing on 3 July following. As counsel for the plaintiffs did not receive notice of any action taken by the court on the two petitions for extension of time and for correction, he addressed a letter to the clerk of the court of first instance of Batangas inquiring as to what action, if any, had been taken on the petition for correction. On 2 October 1948, counsel for the plaintiffs received a copy of the order dated 25 September 1948, holding that the judgment rendered in the case on 7 July 1944 had become final and executory, because the motion for extension of time, in the opinion of the court below, could be granted for good reasons only and not when it is for the purpose of delay, and that the petition for correction did not stop the running of the 30-day period within which an appeal could be perfected, because the misstatement was just a clerical error which could not and did not mislead the plaintiffs — now petitioners. The respondent court added that if the extension of time prayed for had been granted, the last day would have been 9 (should be 13) July 1948, and if denied, the last day would have been 24 (should be 28) June 1948.

    That the defendants in the case for whom judgment was rendered and from which the plaintiffs - now petitioners — attempted to appeal should have been brought in or joined as respondents, admits of no doubt. They are the parties directly affected in these proceedings.

    The petitioners, plaintiffs in the case in the court below, were entitled to expect action by the respondent court on their petitions for extension of time to perfect the appeal and for correction of the order of 26 May 1948. The respondent court was in duty bound to decide and resolve the two petitions and it is unfair for it to declare the judgment rendered in the case final and executory without first complying with its duty to resolve and decide the petitions for extension of time to perfect the appeal and for correction of the aforesaid order of 26 May 1948.

    The petitioners are directed to amend their petition to include or implead as respondents the defendants in the case in the court below, within five (5) days from notice or receipt of a copy of this resolution; and, after such amendment shall have been made, let the new respondents answer the petition within five (5) days from the date of service upon them of the amended petition.

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

    Separate Opinions


    PADILLA, J.:


    I hereby certify that Mr. Justice Torres voted in favor of the dispositive part of this resolution. Cause remanded to the lower court.

    G.R. No. L-2582   March 23, 1950 - TRINIDAD SEMIRA, ET AL v. JUAN ENRIQUEZ<br /><br />085 Phil 776




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