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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
 

   
April-1955 Jurisprudence                 

  • G.R. No. L-7065 April 13, 1955 - TEOFILA S. TIBON v. AUDITOR GENERAL

    096 Phil 786

  • G.R. No. L-7784 April 13, 1955 - NICOLAS ADANTE v. CANDIDO DAGPIN

    096 Phil 789

  • G.R. No. L-7904 April 14, 1955 - EDUARDO HILVANO v. FIDEL FERNANDEZ

    096 Phil 791

  • G.R. No. L-7851 April 15, 1955 - PEOPLE OF THE PHILIPPINES v. HONORABLE JOSE P. VELUZ

    096 Phil 794

  • G.R. No. L-8183 April 15, 1955 - VICTOR DE LA CRUZ v. HONORABLE AMBROSIO T. DOLLETE

    096 Phil 797

  • G.R. No. L-8316 April 15, 1955 - LUZON STEVEDORING CO. v. THE HONORABLE CESAREO DE LEON

    096 Phil 801

  • G.R. No. L-7094 April 16, 1955 - JUANITA MIRANDA v. HON. JUDGE DEMETRIO B. ENCARNACION

    096 Phil 805

  • G.R. No. L-7791 April 19, 1955 - LEE TAY & LEE CHAY v. KAISAHAN NG MGA MANGGAGAWA SA KAHOY SA FILIPINAS

    096 Phil 808

  • G.R. No. L-6871 April 20, 1955 - PEOPLE OF THE PHILIPPINES v. BANDALI TAGACAOLO

    096 Phil 812

  • G.R. No. L-7301 April 20, 1955 - TIU SAN v. REPUBLIC OF THE PHIL. ET AL.

    096 Phil 817

  • G.R. No. L-7318 April 20, 1955 - HELEN GENIO DE CHAVEZ v. A. L. AMMEN TRANSPORTATION CO.

    096 Phil 823

  • G.R. No. L-6508 April 25, 1955 - KOPPEL (PHIL) INC. v. EL TRIBUNAL DE RELACIONES INDUSTRIALES

    096 Phil 830

  • G.R. No. L-7076 April 28, 1955 - ROSARIO and UNTALAN v. CARANDANG ET AL.

    096 Phil 845

  • G.R. No. L-6469 April 29, 1955 - NAVARRA v. PEOPLE OF THE PHIL and COURT OF APPEALS

    096 Phil 851

  • G.R. No. L-6740 April 29, 1955 - DIMAYUGA v. DIMAYUGA

    096 Phil 859

  • G.R. No. L-6752 April 29, 1955 - NAZARIO TRILLANA v. FAUSTINO MANANSALA

    096 Phil 865

  • G.R. No. L-6972 April 29, 1955 - PEOPLE OF THE PHIL. v. MAXIMO SATURNINO

    096 Phil 868

  • G.R. No. L-7054 April 29, 1955 - UY v. REPUBLIC OF THE PHIL.

    096 Phil 871

  • G.R. No. L-7541 April 29, 1955 - VISAYAN SURETY & INS. CORP. v. LACSON ET AL.

    096 Phil 878

  • G.R. No. L-7550 April 29, 1955 - DONALD A. ROCCO v. MORTON MEADS

    096 Phil 884

  • G.R. No. L-7623 April 29, 1955 - FELICIDAD CASTAÑEDA v. BRUNA PESTAÑO

    096 Phil 890

  • G.R. No. L-7692 April 29, 1955 - PEOPLE’S BANK & TRUST CO., v. HONORABLE RAMON R. SAN JOSE

    096 Phil 895

  • G.R. No. L-8107 April 29, 1955 - VISAYAN SURETY & INS. CORP. v. HON. DE AQUINO ET AL.

    096 Phil 900

  • G.R. No. L-8348 April 29, 1955 - BAGTAS v. EL TRIBUNAL DE APELACION

    096 Phil 905

  • G.R. No. L-6931 April 30, 1955 - STANDARD-VACUUM OIL COMPANY v. M. D. ANTIGUA

    096 Phil 909

  • G.R. No. L-7236 April 30, 1955 - PEOPLE OF THE PHIL. v. Po GIOK TO

    096 Phil 913

  • G.R. No. L-7296 April 30, 1955 - PLASLU v. PORTLAND CEMENT CO., ET AL.

    096 Phil 920

  • G.R. No. L-7390 April 30, 1955 - PEOPLE OF THE PHIL. v. REYES, ET AL.

    096 Phil 927

  • G.R. No. L-7561 April 30, 1955 - PEOPLE OF THE PHIL. v. ISAAC, ET AL.

    096 Phil 931

  • G.R. No. L-7680 April 30, 1955 - TAN TONG v. DEPORTATION BOARD

    096 Phil 934

  • G.R. No. L-7830 Abril 30, 1955 - MANZA v. HON. VICENTE SANTIAGO, ET AL.

    096 Phil 938

  • G.R. No. L-8017 April 30, 1955 - MANSAL v. P. P. GOCHECO LUMBER CO.

    096 Phil 941

  • G.R. No. L-8278 April 30, 1955 - SUMAIL v. HON. JUDGE OF THE CFI OF COTABATO, ET AL

    096 Phil 946

  • G.R. No. L-8332 April 30, 1955 - JESUS S. RODRIGUEZ v. FRANCISCO A. ARELLANO

    096 Phil 954

  • G.R. No. L-8909 Abril 30, 1955 - JOSE LAANAN v. EL ALCAIDE PROVINCIAL DE RIZAL

    096 Phil 959

  •  





     
     

    G.R. No. L-7904   April 14, 1955 - EDUARDO HILVANO v. FIDEL FERNANDEZ<br /><br />096 Phil 791

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-7904. April 14, 1955.]

    EDUARDO HILVANO, Petitioner, v. FIDEL FERNANDEZ, Judge of the Court of First Instance of Samar, Respondent.

    A. P. Escareal and Mauro J. Paredes for the petitioner.

    Solicitor General Ambrosio Padilla, Assistant Solicitor General Guillermo Torres, and Solicitor Meliton G. Soliman for the Respondent.


    SYLLABUS


    CRIMINAL LAW; JUDGMENT; WHEN IT BECOMES FINAL; APPEAL FILED AFTER ACCUSED STARTED SERVING SENTENCE. — A judgment in a criminal case becomes final and nonappealable when the accused commences to serve the sentence meted out against him. Hence, an appeal filed after the accused has started serving sentence can not be allowed by the trial court because it has already lost jurisdiction over the case.


    D E C I S I O N


    REYES, J.B.L., J.:


    Petitioner Eduardo Hilvano was accused of the crime of malversation of public funds in criminal case No. 2585 of the Court of First Instance of Samar. Upon arraignment, he entered a plea of not guilty to the information, but prayed for a continuance, which was granted. At the hearing of January 16, 1953, however, he petitioned the court to allow him to withdraw his plea of not guilty and to substitute it with one of guilty. His petition was granted, and on the same day, judgment was rendered sentencing him to suffer an indeterminate penalty of from 8 years to 10 years and 8 months of prision mayor, with perpetual disqualification, to pay a fine of P12,000, to indemnify the government in the sum of P12,644.50, and to pay the costs. The petitioner, who was out on bail, requested through the Department of Justice, that he be allowed to serve sentence in Muntinlupa prison, waiving the reading of the sentence in Samar; and accordingly, the sentence was read to him in the New Bilibid Prisons in Muntinlupa, Rizal, on April 3, 1954; and on the same day, he commenced serving sentence.

    On April 12, 1954, petitioner filed a motion for the reconsideration of the aforesaid judgment, upon the ground that the penalty meted out by the Court was excessive. This petition was denied and copy of the order of denial was received by petitioner on May 24, 1954. On May 27, 1954, petitioner filed notice of appeal with the Office of the Director of Prisons, together with a motion for the reduction of his personal bail bond to enable him to file an appeal bond. He swore to his notice of appeal on May 27, 1954, and submitted to the trial court on June 1, 1954. Because the trial court refused to give due course to his appeal and denied his motion for reduction of bail, petitioner filed this petition for a writ of mandamus with this Court to compel the respondent Judge to allow his appeal and to fix his appeal bond at P10,000.

    It is admitted by the petitioner that the judgment of the lower Court finding him guilty of the crime charged in Criminal Case No. 2585 was promulgated on April 3, 1954, and that he commenced to serve sentence on the same day (Amended Petition, par. 3). In fact, in an affidavit attached to his petition before this Court to be allowed to litigate as pauper, he states that he is at present confined in Muntinlupa serving sentence because of the decision in question. Therefore, the judgment rendered against him had become final and nonappealable on April 3, 1954, when he commenced serving sentence (Rule 116, section 7; Gregorio v. Director of Prisons, 43 Phil., 650; People v. Quebral, 76 Phil, 294, 42 Off. Gaz., 2788; People v. Feliciano, 89 Phil., 664); hence, the lower Court did not err in disallowing his appeal filed after it had already lost jurisdiction over the case.

    Petitioner contends that he was committed to prison on April 3, 1954, not for the purpose of commencing service of sentence, but on account of his inability to procure bond for his provisional release; and that his commitment not having been accompanied by his assent or conformity to the judgment, said judgment did not become final on said date. There is no merit in this contention. As we have already pointed out, petitioner admits in his petition that he was committed to the New Bilibid prisons on April 3, 1954 "to serve the sentence" ; and it appears from the order of the Court below of March 19, 1954 (Annex 3, Memorandum for Respondents) that petitioner was not only out on bail before his commitment, but that he had even requested the Secretary of Justice to ask the trial Court to authorize the Director of Prisons in Muntinlupa to read sentence to him, because he desired to enter jail without appearing in the Court of First Instance of Samar for the promulgation of the judgment against him.

    Considering that petitioner himself expressed his desire to serve sentence meted upon him, and that such desire necessarily imports knowledge of and willingness to abide by the penalty meted by the trial Court, the judgment against petitioner became final and executory on April 3, 1954 when he started serving sentence thereon. Therefore, it becomes unnecessary for us to determine whether or not his notice of appeal was filed within fifteen days from promulgation of the judgment.

    The petition for mandamus is denied. Without costs.

    Pablo, Acting C. J., Bengzon, Montemayor, Bautista Angelo, and Concepcion, JJ., concur.

    G.R. No. L-7904   April 14, 1955 - EDUARDO HILVANO v. FIDEL FERNANDEZ<br /><br />096 Phil 791


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