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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
 

   
May-1950 Jurisprudence                 

  • G.R. No. L-1597 May 5, 1950 - SANTIAGO SYJUCO, INC. v. PNB, ET AL

    086 Phil 320

  • G.R. No. L-2029 May 6, 1950 - PEOPLE OF THE PHIL. v. JUAN MONES

    086 Phil 331

  • G.R. No. L-2628 May 6, 1950 - ROQUE PARADO v. REPUBLIC OF THE PHIL.

    086 Phil 340

  • G.R. No. L-2124 May 10, 1950 - EL PUEBLO DE FILIPINAS v. JOSE O. DEMETRIO, ET AL

    086 Phil 344

  • G.R. No. L-2860 May 11, 1950 - PEOPLE OF THE PHIL. v. FRANCISCO PALMON

    086 Phil 350

  • G.R. No. L-2640 May 12, 1950 - EL PUEBLO DE FILIPINAS v. LEON O. DE LOS REYES

    086 Phil 355

  • G.R. No. L-2400 May 18, 1950 - MARIA MACAPINLAC, ET AL v. COURT OF APPEALS, ET AL

    086 Phil 359

  • G.R. No. L-2487 May 18, 1950 - PEOPLE OF THE PHIL. v. RICO ELIZAGA, ET AL

    086 Phil 364

  • G.R. No. L-1721 May 19, 1950 - JUAN D. EVANGELISTA ET AL. v. RAFAEL SANTOS

    086 Phil 387

  • G.R. No. L-2188 May 19, 1950 - PEOPLE OF THE PHIL. v. ANTONIO GUILLERMO, ET AL.

    086 Phil 395

  • G.R. No. L-2231 May 19, 1950 - PEOPLE OF THE PHIL. v. INOCENCIO BERNARDO

    086 Phil 400

  • G.R. Nos. L-2731-32 May 19, 1950 - PEOPLE OF THE PHIL. v. RUBEN VICTORIANO, ET AL.

    086 Phil 405

  • G.R. No. L-2777 May 19, 1950 - FERNANDO HERNANDEZ, ET v. EMILIO PEÑA, ET AL

    086 Phil 411

  • G.R. No. L-2798 May 19, 1950 - PEOPLE OF THE PHIL. v. GABRIEL GASPAR

    086 Phil 413

  • G.R. No. L-2823 May 19, 1950 - EL PUEBLO DE FILIPINAS v. CLEMENTE MACUL Y OTROS

    086 Phil 423

  • G.R. No. L-2835 May 19, 1950 - EL PUEBLO DE FILIPINAS v. GRACIANO TENORIO Y BRUNO TENORIO

    086 Phil 427

  • G.R. No. L-3066 May 22, 1950 - RADIOWEALTH, INC. v. MANUEL AGREGADO, ET AL

    086 Phil 429

  • G.R. No. L-3103 May 22, 1950 - YU PHI KHIM, ET AL v. RAFAEL AMPARO, ET AL

    086 Phil 441

  • G.R. No. L-3595 May 22, 1950 - ANG LAM v. POTENCIANO ROSILLOSA, ET AL

    086 Phil 447

  • G.R. No. L-2792 May 23, 1950 - ROMEO JACA v. MANUEL BLANCO

    086 Phil 452

  • G.R. No. L-3049 May 24, 1950 - JULIANA VIVO v. JOSE S. BAUTISTA

    086 Phil 456

  • G.R. No. L-2181 May 25, 1950 - PEOPLE OF THE PHIL. v. CONRADO SANTIAGO, ET AL.

    086 Phil 459

  • G.R. No. L-3443 May 26, 1950 - FELIPE LUNA v. GAVINO S. ABAYA, ET AL

    086 Phil 472

  • G.R. No. L-1601 May 29, 1950 - CENON ALBEA v. CARLOS INQUIMBOY, ET AL

    086 Phil 477

  • G.R. No. L-2365 May 29, 1950 - PEOPLE OF THE PHIL. v. ALBERTO SAN LUIS, ET AL

    086 Phil 485

  • G.R. No. L-3071 May 29, 1950 - SALVACION LOPEZ v. JOSE TEODORO, ET AL

    086 Phil 499

  • G.R. No. L-3271 May 29, 1950 - QUIRINO RICAFRENTE, ET AL v. GUILLERMO CABRERA, ET AL

    086 Phil 502

  • G.R. No. L-3451 May 29, 1950 - RODOLFO GERARDO v. JUDGE OF FIRST INSTANCE OF ILOCOS NORTE

    086 Phil 504

  • G.R. No. L-2660 May 30, 1950 - LUZON MARINE DEPARTMENT UNION v. ARSENIO C. ROLDAN, ET AL

    086 Phil 507

  • G.R. No. L-2744 May 30, 1950 - GAUDENCIO D. DEMAISIP, ET AL v. QUERUBE C. MAKALINTAL, ET AL

    086 Phil 515

  • G.R. No. L-2800 May 30, 1950 - PEOPLE OF THE PHIL. v. TEOPISTA CANJA

    086 Phil 518

  • G.R. No. L-3211 May 30, 1950 - A. SORIANO Y CIA. v. GONZALO M. JOSE, ET AL

    086 Phil 523

  • G.R. No. L-2408 May 31, 1950 - PEOPLE OF THE PHIL. v. ALFREDO RIPARIP ET AL.

    086 Phil 526

  • G.R. No. L-2816 May 31, 1950 - PEOPLE OF THE PHIL. v. FELIPE YTURRIAGA

    086 Phil 534

  • G.R. No. L-3343 May 31, 1950 - REGINO EUSTAQUIO v. JUAN R. LIWAG, ET AL

    086 Phil 540

  • G.R. No. L-3541 May 31, 1950 - TOMAS T. FABELLA v. TIBURCIO TANCINCO ETC.

    086 Phil 543

  •  





     
     

    G.R. No. L-3071   May 29, 1950 - SALVACION LOPEZ v. JOSE TEODORO, ET AL<br /><br />086 Phil 499

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-3071. May 29, 1950.]

    SALVACION LOPEZ, Petitioner, v. JOSE TEODORO, SR., Judge of the Court of First Instance of Occidental Negros, EULALIO LOPEZ, JR., and JESUS JALBUENA, Respondents.

    Januario L. Jison, Jose O. Hizon and Jose T. Jamandre for Petitioner.

    Lakandola G. Lopez for respondents Teodoro, Sr. and Lopez, Jr.

    Antonio T. Lozada for respondent Jalbuena.

    SYLLABUS


    1. GUARDIAN AND WARD; TO ASSAIL ORDER OF COURT TO SELL PROPERTY OF WARD; APPEAL IS THE PROPER REMEDY. — To assail the order of probate court to sell the property of a ward, appeal and not certiorari or mandamus is the proper remedy.

    2. ID.; "NEXT OF KIN" ; SISTER OF THE WARD. — "Next of kin" within the meaning of Rule 96 are relatives whose relationship is such that they are entitled to share in the estate as distributees. (33 C.J., 930-931.) "Next of kin" is also defined in Black’s Law Dictionary, 3d ed., as to mean not the next of kindred but those relatives who share in the estate according to the statute of distribution including those claiming per stirpes or by representation.

    3. ID.; PARTIES; RIGHT TO OBJECT TO THE SALE OF WARD’S PROPERTY. — Only the children have an interest in the land of their father, besides the creditors, and only they or the creditors who may have been prejudiced by the sale have a right to obJect thereto.


    D E C I S I O N


    TUASON, J.:


    Eulalio Lopez, Sr., an incapacitated under the judicial guardianship of Eulalio Lopez, Jr., was the exclusive and absolute owner of an hacienda in Silay, Negros Occidental, having a total area of over 100 hectares. On September 3, 1948, the Court of First Instance, acting upon a motion of Senen L. Gamboa and Adelaida Gamboa filed in the proceedings for guardianship, ordered the guardian to pay the movants P7,312 plus 12 per cent interest from August, 1944, amount which represented loans properly authorized by court. The order provided that if the guardian did not have funds to pay those debts, he should take the necessary steps for the sale of some of the property of the guardianship.

    In pursuance of this authority, the guardian sold the above tract of land, the only property of which the incapacitated was possessed, on January 11, 1949, to Jesus Jalbuena for P66,000, who, under the terms of the sale, bound himself to pay the mortgage debt and other obligations aggregating P22,346.30, and to satisfy the balance in two installments.

    It is admitted that in authorizing the sale of some of the property of the incapacitated, the court did not follow the requirement of section 2 of Rule 96 to the effect that the court shall direct the next of kin of the ward, and all persons interested in the estate, to appear at a reasonable time and place to be specified in the order, to show cause why the prayer for the sale should not be granted. Nor did the court specify, as provided by section 4 of the same Rule, whether the sale should be effected publicly or privately.

    Although Eulalio Lopez, Jr. was the judicial guardian, the incapacitated was and is under the actual care and custody of his sister, Salvacion Lopez. Believing that the sale was prejudicial to her brother’s interests, Salvacion Lopez filed a motion for reconsideration of the court’s order authorizing said sale, and upon the motion being denied, she brought this petition for certiorari and mandamus, contending that the sale was null and void by reason of the court’s failure to adhere to Rule 96, and praying that the orders of the respondent court be corrected and the said court directed to revoke the sale.

    The judicial guardian, Eulalio Lopez, Jr., and the vendee, Jesus Jalbuena, have filed separate answers and raised several defenses. These are, first, that the petitioner’s remedy, if she has any is by appeal and not certiorari and/or mandamus; second, that the petitioner has no interest whatsoever in the subject matter of her petition; third, that whether the sale is prejudicial or not is a proper ground for a separate action and not certiorari or mandamus; fourth, that the sale was not made in contravention of existing laws; and fifth, that the court, as a probate court, has lost jurisdiction over the property sold because the land is now registered in the name of the purchaser to whom a new transfer certificate of title has been duly issued.

    Without deciding the legality or illegality of the sale, or whether this matter should be ventilated in an ordinary action instead of in a proceeding for certiorari, it is evident that appeal and not certiorari or mandamus is the proper remedy. Unquestionably, the court of first instance in which the guardianship proceedings were pending had jurisdiction to order the questioned sale. The court’s jurisdiction is not disputed. Nor was there an abuse of discretion, judging from the averments in the answers. It appears that the outstanding indebtedness of the guardianship properly and legally incurred amounted to P36,833.66, part of which was due the petitioner for the support and maintenance of the incapacitated.

    The other defense that does not leave much room for discussion is that the petitioner has no legal interest in her complaint. The incapacitated has children, all of age, one of whom is the judicial guardian, while the petitioner is only the ward’s sister. Not being Eulalio Lopez’s forced heir, she was not prejudiced by the sale she seeks to impugn. It is true that she was a creditor but she does not claim any right to be notified of the sale as such creditor, and her credit was not impaired. On the contrary, she was benefited by the sale in that she was paid what was due her from its proceeds. As to the other creditors, they did not appear to have any objection to the action taken by the judicial guardian and authorized by the court.

    The petitioner insists that she is next of kin. She is in error "Next of kin" within the meaning of Rule 96 are relatives whose relationship is such that they are entitled to share in the estate as distributees. (33 C. J., 930-931.) "Next of kin" is also defined in Black’s Law Dictionary, 3d ed., as to mean not the next of kindred but those relatives who share in the estate according to the statute of distribution including those claiming per stirpes or by representation.

    None of the children of the incapacitated is or was opposed to the sale sought to be set aside. Only these had an interest in the land of their father, besides the creditors, and only they or the creditors who may have been prejudiced by the sale have a right to object thereto. Having reached these conclusions, it is unnecessary for us to discuss the other questions raised.

    The petition is denied, without costs.

    Ozaeta, Pablo, Bengzon, Montemayor, and Reyes, JJ., concur.

    Petition denied.

    G.R. No. L-3071   May 29, 1950 - SALVACION LOPEZ v. JOSE TEODORO, ET AL<br /><br />086 Phil 499


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