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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-2288   March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG<br /><br />085 Phil 829

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2288. March 30, 1950.]

    THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellant, v. MAXIMO MANOLONG, Defendant-Appellee.

    Assistant Solicitor General Ruperto Kapunan, Jr. and Solicitor Luis R. Feria for Appellant.

    Benigno P. Santiago and Florencia S. Flores-Santiago for Appellee.

    SYLLABUS


    1. CRIMINAL PROCEDURE, RULES OF; DOUBLE JEOPARDY; SECOND OFFENSE NOT IN EXISTENCE; RULES OF IDENTITY OF OFFENSE DOES NOT APPLY. — Where, after the first prosecution for a lesser crime, new facts have supervened which, together with those already in existence at the time of the first prosecution, have made the offense graver and the penalty first imposed legally inadequate, the accused cannot be said to be in second jeopardy if indicted for the new offense. The doctrine laid down in the case of Melo v. People Et. Al., L-3580, March 22, 1950 (supra), is reiterated.


    D E C I S I O N


    REYES, J.:


    On February 4, 1948, the accused was charged in the Justice of the Peace Court of Tanjay, Oriental Negros, with the crime of less serious physical injuries for having inflicted on the right arm of Fortunato Sanoy injuries which, according to the complaint, would take "from 20 to 30 days to heal." Pleading guilty to the complaint, the accused was on that same day convicted of the crime charged and sentenced to 2 months and 1 day of arresto mayor, and two days later he began to serve his sentence. It would seem, however, that Sanoy’s injuries did not heal within the period formerly estimated, and so, on March 12, 1948, the provincial fiscal filed an information in the same court charging the accused with serious physical injuries. Again the accused pleaded guilty whereupon he was bound over to the Court of First Instance. There the provincial fiscal, on May 5, 1948, filed the corresponding information for the said crime, alleging that the wounds inflicted by the accused on the right hand of Fortunato Sanoy required medical attendance and incapacitated him for labor for a period of more than 90 days, causing deformity and the loss of the use of said member. The accused moved to have this last information quashed on the ground that it put him twice in jeopardy, and as the motion was granted, the fiscal appealed to this Court.

    The Constitution enjoins that "no person shall be twice put in jeopardy or punished for the same offense." (Art. III, 1 [20].) In an attempt to implement this constitutional mandate, the Rules of Court (Rule 113, section 9) make conviction or acquittal of the accused a bar to his subsequent prosecution, only for the same offense, but also "for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information." In the present case there is no question that the offense of serious physical injuries charged in the last information necessarily includes the lesser offense charged in the first complaint and of which the accused was convicted in the justice of the peace court, and there should likewise be no question that, were we to follow the doctrines laid down by this Court in People v. Tarok (40 Off. Gaz., 3488), and reiterated in People v. Villasis (46 Off. Gaz. [Supp. to No. 1], p. 268 1), we would have no alternative to dismiss the present appeal. However, this Court in its recent decision in the case of Melo v. People Et. Al. (85 Phil., 974), has already repealed the doctrine laid down in the Tarok case as contrary to the real meaning of double jeopardy as intended by the Constitution and the Rules of Court and "obnoxious to the administration of justice," and has reverted to the rule that "where after the first prosecution a new fact supervenes for which the defendant is responsible, which changes the character of the offense and, together with the facts existing at the time, constitutes a new and distinct offense (15 Am. Jur., 66), the accused cannot be said to be in second jeopardy if indicted for the new offense." That rule applies to the present case where, after the first prosecution for a lesser crime, new facts have supervened which, together with those already in existence at the time of the first prosecution, have made the offense graver and the penalty first imposed legally inadequate.

    Wherefore, following the ruling laid down in the said case of Melo v. People Et. Al., supra, the order appealed from is hereby revoked and the respondent court ordered to proceed with the trial of the case under the new information, but with the understanding that, in case of conviction for the second offense, the accused be credited with the penalty already suffered by him under the first conviction. Without costs.

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

    BENGZON, J.:


    I concur and dissent upon the grounds stated in Melo v. People, G. R. No. L-3580.

    REYES, J.:


    I hereby certify that Mr. Justice Montemayor, who is now in Baguio, voted in favor of this decision.

    Endnotes:



    1. 81 Phil., 881.

    G.R. No. L-2288   March 30, 1950 - PEOPLE OF THE PHIL. v. MAXIMO MANOLONG<br /><br />085 Phil 829




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