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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
 

   
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-2856   March  27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL<br /><br />085 Phil 802

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2856. March 27, 1950.]

    GO CAM, ANG TIONG, LO BOK, LIM PENG, TE CHAYE, SY BIO and MARCOS ENAGE, Petitioners, v. Hon. MAGNO S. GATMAITAN and FILEMON SAAVEDRA, Respondents.

    Guillermo B. Guevara, for Petitioners.

    Respondent Saavedra in his own behalf.

    No appearance for respondent Gatmaitan.

    SYLLABUS


    1. CRIMINAL PROCEDURE, RULES OF SPECIAL PROSECUTOR; POWER TO SIGN AND FILE INFORMATION. — Pursuant to the ruling laid down in the cases of Lo Cham v. Ocampo Et. Al.; Canape Et. Al. v. Jugo Et. Al.; and people v. Dinglasan (44 Off. Gaz., 458), a special authority and power to sign and file an information against an accused.


    D E C I S I O N


    PADILLA, J.:


    On 15 April 1946 in the City of Davao, Ang Liongto was shot to death. On 23 August 1946, an information for murder was filed in the Court of First Instance of Davao by the provincial fiscal against Dy Too alias Donato Fomarala, Chu Chi Beng, John Doe, Richard Doe and three others for the death of Ang Liongto (criminal case No. 131). On 18 December 1947, another information for murder was filed by the provincial fiscal, ex-officio City Attorney, against James Young for the death of Ang Liongto (criminal case No. 343). On 5 August 1948, a third information for murder was filed against Go Cam, Ang Tiong, Lo Bok, Lim Peng, Te Chaye, Sy Bio, Marcos Enage, six other named defendants, and twenty-five (25) other unnamed Chinese Davao residents for the death of Ang Liongto (criminal case No. 458). The last information was signed by Filemon Saavedra, a special attorney in the office of the Solicitor General. On 31 January 1949, counsel for the defendants moved to quash the information, on the ground that it does not conform substantially to the prescribed form, and that the Court of First Instance of Davao "has no jurisdiction over the case and over the persons of the defendants." On 17 February, the court denied the motion to quash. A motion for reconsideration was denied.

    Thereupon seven defendants named in the last information instituted these proceedings seeking to annul the orders of the court denying the motion to quash and the motion for reconsideration; to enjoin the Court of First Instance of Davao and Special Prosecutor Filemon Saavedra from trying or in anyway disposing of the case; and to have the bail filed by the petitioners for their temporary release cancelled.

    In his answer the respondent Special Prosecutor states that, under and pursuant to Administrative Order No. 94 issued by the Secretary of Justice on 13 May 1948 detailing him "to temporary duty to the province of Davao there to investigate and prosecute the murder of Alfonso Ang Liongto," he was empowered to sign and file the information against the petitioners and their co-defendants in criminal case No. 458 of the Court of First Instance of Davao.

    Petitioners claim that a special prosecutor who is a special attorney in the office of the Solicitor General created by Republic Act No. 311 is not authorized to sign the information filed against the petitioners and their co-defendants in the criminal case referred to, and for that reason the information signed and filed by him is illegal and the court acquired no jurisdiction over the case. Hence the orders denying the motion to quash and the motion for reconsideration are null and void.

    The Special Prosecutor, on the other hand, contends that his detail by the Secretary of Justice, by virtue and pursuant to Administrative Order No. 94 referred to, confers upon him authority to sign the information filed against the petitioners and their co- defendants.

    It would serve no useful purpose to restate the grounds upon which the decision in the case of Lo Cham v. Ocampo Et. Al.; Canape Et. Al. v. Jugo Et. Al.; and People v. Dinglasan (44 Off. Gaz., 458 1), is made to rest. There the original law and the subsequent changes made until it reached the present form (section 1686 of the Revised Administrative Code, as amended by section 4 of Com. Act No. 144), are set forth. Under either of the interpretations made of the statute, to wit: whether the appointment of a lawyer, "being either a subordinate from his office or a competent person not in the public service, temporarily to assist a fiscal or prosecuting attorney in the discharge of his duties," confers upon the appointee the authority or carries with it the power to sign and file informations, or whether such authority is conferred by the express language of the statute which clothes the appointee "with the same authority therein as might be exercised by the Attorney General or Solicitor General," the respondent special prosecutor detailed by the Secretary of Justice possesses the authority and power to sign and file the information in question. Hence the respondent court did not err neither did it exceed its jurisdiction, nor did it commit a grave abuse of discretion, when it denied the motion to quash the information filed against the petitioners and their co-defendants.

    Petition denied, with costs against the petitioners.

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

    Separate Opinions


    PADILLA, J.:


    I certify that Mr. Justice Torres voted for the denial of the petition, and that Mr. Justice Montemayor also voted for denial.

    Endnotes:



    1. 77 Phil., 635.

    G.R. No. L-2856   March  27, 1950 - GO CAM v. Hon. MAGNO S. GATMAITAN, ET AL<br /><br />085 Phil 802




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