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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
 

   
September-1950 Jurisprudence                 

  • G.R. No. L-2134 September 1, 1950 - JUAN C. GEQUILLANA v. FELIPE BUENAVENTURA

    087 Phil 300

  • G.R. No. L-2180 September 1, 1950 - IN RE: JUAN P. PELLICER & CO., INC. v. PHILIPPINE REALTY CORPORATION

    087 Phil 302

  • G.R. No. L-1415 September 13, 1950 - EL PUEBLO DE FILIPINAS v. MAMERTO CORTEZ, ET AL.

    087 Phil 309

  • G.R. No. L-2684 September 14, 1950 - GENERAL CORPORATION OF THE PHIL., ET AL. v. UNION INSURANCE SOCIETY OF CANTON, ET AL.

    087 Phil 313

  • G.R. No. L-2071 September 19, 1950 - TIRSO DACANAY v. PEDRO V. FLORENDO, ET AL.

    087 Phil 324

  • G.R. No. L-2412 September 19, 1950 - JOSE MARQUEZ LIM v. JOHN G. NELSON, ET AL.

    087 Phil 328

  • G.R. No. L-2870 September 19, 1950 - CHUA NGO v. UNIVERSAL TRADING CO.

    087 Phil 331

  • G.R. No. L-3450 September 19, 1950 - IN RE: PURIFICACION M. JOSON, ET AL. v. MARIANO NABLE, ET AL.

    087 Phil 337

  • G.R. No. L-1944 September 20, 1950 - PHILIPPINE NATIONAL BANK v. JOHN RANDRUP

    087 Phil 341

  • G.R. No. L-2127 September 20, 1950 - VICENTA FELIX VDA. DE SALGADO, ET AL. v. MANUEL DE LA FUENTE, ET AL.

    087 Phil 343

  • G.R. No. L-1977 September 21, 1950 - KOPPEL (PHILIPPINES) INC. v. COLLECTOR OF INTERNAL REVENUE

    087 Phil 348

  • G.R. No. L-2374 September 21, 1950 - APOLINAR ABEL v. PILAR DE LIMA, ET AL.

    087 Phil 352

  • G.R. No. L-2475 September 21, 1950 - FRANCISCO OSORIO v. ESTEBAN SALUTILLO, ET AL.

    087 Phil 356

  • G.R. No. L-2526 September 21, 1950 - TOMAS MAPUA, ET AL. v. SUBURBAN THEATRES, INC.

    087 Phil 358

  • G.R. No. L-3581 September 21, 1950 - JAMES MCGUIRE v. MANUFACTURERS LIFE INSURANCE CO.

    087 Phil 370

  • G.R. No. L-4033 September 21, 1950 - MARCELO STEEL CORPORATION, ET AL. v. IMPORT CONTROL BOARD, ET AL.

    087 Phil 374

  • G.R. No. L-2995 September 22, 1950 - CRISPULO F. ARNALDO, ET AL. v. JOSE BERNABE, ET AL.

    087 Phil 379

  • G.R. No. L-2516 September 25, 1950 - ANG TEK LIAN v. COURT OF APPEALS

    087 Phil 383

  • G.R. No. L-3743 September 25, 1950 - PHIL. ASSO. OF MECHANICAL AND ELECTRICAL ENGINEERS v. PROSPERO SANIDAD, ET AL.

    087 Phil 387

  • G.R. No. L-2362 September 29, 1950 - ANISIA AQUINO, ET AL. v. SOTERO ESGUERRA, ET AL.

    087 Phil 396

  • G.R. No. L-2467 September 29, 1950 - C. N. HODGES v. MARIA GAY, ET AL.

    087 Phil 401

  • G.R. No. L-2670 September 29, 1950 - JANE E. EDMANDS v. PHILIPPINE TRUST COMPANY

    087 Phil 405

  • G.R. No. L-2726 September 29, 1950 - GREGORIO ESTRADA v. PROCULO NOBLE

    087 Phil 408

  • G.R. No. L-2668 September 30, 1950 - NATIONAL LEATHER CO., INC. v. UNITED STATES LIFE INSURANCE CO.

    087 Phil 410

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    G.R. No. L-2995   September 22, 1950 - CRISPULO F. ARNALDO, ET AL. v. JOSE BERNABE, ET AL. <br /><br />087 Phil 379

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-2995. September 22, 1950.]

    CRISPULO F. ARNALDO and JULITA SARAYBA DE ARNALDO, Petitioners, v. JOSE BERNABE, Judge of the Court of First Instance of Cavite, BENIGNO T. SARAYBA, AMPARO SARAYBA, MIGUEL F. TRIAS, MARTINA SARAYBA and LUIS FERRER, Jr., Respondents.

    Delgado & Flores, for Petitioners.

    Vicente J. Francisco, for Respondents.

    SYLLABUS


    1. MORATORIUM LAW; PREWAR DEBTORS AND HAVING WAR DAMAGE CLAIMS EXCEPTED FROM THE LIFTING OF MORATORIUM LAW. — Republic Act No. 342 lifting the moratorium makes an exception of debtors who contracted their obligations before December 8, 1941, and who are war sufferers having a claim with the Philippine War Damage Commission.

    2. ID.; PURPOSE OF LAW; NATURE OF CLAIM IMMATERIAL WHAT IS IMPORTANT IS THAT DEBTOR HAS WAR DAMAGE CLAIM. —What is important for the purpose of this exception is that a debtor has a war damage claim, the source or nature of the claim being immaterial. The purpose of the law is to give the debtor a chance for rehabilitation.

    3. MOTION "PRO FORMA" DOES NOT STAY PERIOD TO APPEAL. — A motion for reconsideration is pro forma when it does not specify the findings or conclusions in the judgment which are not supported by the evidence or which are contrary to law but merely makes to the contents of a memorandum that had already been considered by the respondent court before rendering its judgment. Such motion cannot stay the period for taking an appeal.


    D E C I S I O N


    MORAN, C.J. :


    This is a special civil action for certiorari with preliminary injunction filed by Crispulo F. Arnaldo and his wife, Julita Sarayba de Arnaldo, against the Court of First Instance of Cavite and others.

    In 1936, respondent, Benigno T. Sarayba, filed an action against petitioner, Julita T. Sarayba de Arnaldo, for collection of a monetary obligation, this being one of the obligations which the latter assumed upon accepting a donation of paraphernal property made in her favor. After trial, judgment was rendered against the defendant on July 19, 1944. A motion for reconsideration which was subsequently filed, was destroyed together with the record of the case during the war of liberation. Such motion, however, was reconstituted and it appears to be predicated on the following grounds:jgc:chanrobles.com.ph

    "1. That the findings of facts in the said decision is against the evidence presented in this case as explained in detail in the memoranda filed by the defendants in this case, to which the attention of this Honorable Court is respectfully referred, particularly to pages (here the corresponding numbers of pages follow) thereof;

    "2. That, accordingly, the said decision is against the law.

    "The above grounds will be amplified at the hearing of this motion."cralaw virtua1aw library

    On October 23, 1947, petitioners filed a motion to suspend the proceedings because of the moratorium law, and at the same time respondent Benigno T. Sarayba asked for the execution of the judgment alleging that the motion for reconsideration was pro forma and could not stay the running of the period to perfect an appeal, and, consequently, the judgment has become final and executory. No action has been taken on these motions and after almost one year, respondent Benigno T. Sarayba renewed his petition for the issuance of a writ of execution not only upon the ground that the motion for reconsideration was pro forma but also because the moratorium law had been lifted. It appears, however, that Republic Act No. 342 lifting the moratorium makes an exception of debtors who contracted their obligations before December 8, 1941 and who are war sufferers having a claim with the Philippine War Damage Commission. Defendant Julita T. Sarayba contracted her obligation before December 8, 1941, and alleges having a claim pending with the Philippine War Damage Commission. Respondent court, however, granted the petition for a writ of execution, holding that the motion for reconsideration was pro forma, that the moratorium law had been lifted, and that claim was shown to have been filed by defendant Julita T. Sarayba with the Philippine War Damage Commission. Hence, this petition for certiorari.

    We agree that the motion for reconsideration is pro forma for it does not specify the findings or conclusions in the judgment which are not supported by the evidence or which are contrary to law but merely makes reference to the contents of a memorandum that had already been considered by the respondent court before rendering its judgment. We believe and so hold that the judgment thus rendered has become final, and that it may be executed were it not for the moratorium law. Republic Act No. 342, section 2 reads as follows:jgc:chanrobles.com.ph

    "Sec. 2. All debts and other monetary obligations payable by private parties within the Philippines originally incurred or contracted before December 8, 1941, and still remaining unpaid, any provision or provisions in the contract creating the same or in any subsequent agreement affecting such obligation to the contrary notwithstanding, shall not be due and demandable for a period of eight years from and after settlement of the war damage claim of the debtor by the United States Philippine War Damage Commission, without prejudice, however, to any voluntary agreement which the interested parties may enter into after the approval of this Act for the settlement of said obligations."cralaw virtua1aw library

    The monetary obligation which is the subject of the judgment rendered had been incurred or contracted before December 8, 1941. And the judgment debtor, Julita T. Sarayba, is a war sufferer and co-owner of the damages claimed by her husband, Crispulo F. Arnaldo, with the Philippine War Damage Commission. Exhibit 1, admitted without objection, is a certification of the Secretary of the Philippine War Damage Commission to the effect that private property claim No. 1072272 had been filed with said Commission under the name of Crispulo F. Arnaldo and that private property claim No. 1071519 had been filed with the same Commission under the name of Abucay Plantation of Delgado, Arnaldo, Tañada and Dizon. Crispulo F. Arnaldo testified that the private property claims above mentioned are covered by Exhibits 2- A and 3-A.

    To establish that these claims had been filed with the Philippine War Damage Commission, certified copies thereof are not necessary, there being the certification, Exhibit 1, issued by the Secretary of said Commission which is in accord with the testimony of Crispulo F. Arnaldo. The latter testified also that the damages he had claimed were damages caused to property belonging to him and his wife. And damages that may thus be recovered "belong to the husband and wife share and share alike" according to law (art. 1392 Civ. Code).It may, therefore, be rightly stated that the wife, being a co- owner of the damages claimed by her husband, may be regarded as a co- claimant irrespective of whether her claim may or may not answer legally for the liabilities burdening her paraphernal property. What is important, for the purposes of the moratorium law, is that she be a debtor having a war damage claim, regardless of whether or not there is any relation between her debt and her claim, the source or nature of the claim being immaterial. The purpose of the law is to give the debtor a chance for rehabilitation, and there is no doubt that the rehabilitation of the conjugal partnership may, directly or indirectly, help the spouses ease their individual burdens.

    From all the foregoing, the petition is granted and the writ of execution issued by the respondent court is hereby set aside with costs against the respondents. So ordered.

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

    G.R. No. L-2995   September 22, 1950 - CRISPULO F. ARNALDO, ET AL. v. JOSE BERNABE, ET AL. <br /><br />087 Phil 379


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