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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
 

   
January-1957 Jurisprudence                 

  • G.R. No. L-9542 January 11, 1957 - PLARIDEL SURETY & INSURANCE CO. v. P. L. GALANG MACHINERY CO.

    100 Phil 679

  • G.R. Nos. L-10360 & L-10433 January 17, 1957 - JULIANO A. ALBA v. JOSE D. EVANGELISTA

    100 Phil 683

  • G.R. No. L-7909 January 18, 1957 - CIPRIANO E UNSON v. ARSENIO H. LACSON

    100 Phil 695

  • G.R. No. L-9704 January 18, 1957 - LORENZO LLANOS v. CLAUDIO SIMBORIO, ET AL.

    100 Phil 707

  • G.R. No. L-8346 January 22, 1957 - PEOPLE OF THE PHIL. v. PROCESO BINSOL

    100 Phil 713

  • G.R. No. L-8645 January 23, 1957 - PORT MOTORS v. FELIPE RAPOSAS

    100 Phil 732

  • G.R. No. L-8896 January 23, 1957 - EARNSHAW DOCKS & HONOLULU IRON WORKS v. COURT OF INDUSTRIAL RELATIONS, ET AL.

    100 Phil 742

  • G.R. No. L-9660 January 23, 1957 - FIDEL AMANTE v. JUAN P. ENRIQUEZ

    100 Phil 748

  • G.R. No. L-9442 January 28, 1957 - URBANA D. ANZURES v. FIDEL IBAÑEZ

    100 Phil 752

  • G.R. No. L-8169 January 29, 1957 - SHELL COMPANY OF THE PHILIPPINES v. FIREMEN’S INSURANCE COMPANY OF NEWARK

    100 Phil 757

  • G.R. No. L-9044 January 29, 1957 - PEOPLE OF THE PHIL. v. PONCIANO ARPON

    100 Phil 765

  • G.R. No. L-9507 January 29, 1957 - GONZALO N. RUBIC v. Auditor General

    100 Phil 772

  • G.R. No. L-9633 January 29, 1957 - EMILIO SORIANO v. ANTONIO ASI

    100 Phil 785

  • G.R. No. L-7586 January 30, 1957 - NARCISA B. DE LEON v. NATIONAL LABOR UNION

    100 Phil 789

  • G.R. No. L-8613 January 30, 1957 - LA MALLORCA TAXI v. ROMAN GUANLAO

    100 Phil 792

  • G.R. No. L-9195 January 30, 1957 - CITY OF MANILA v. MANILA REMNANT CO.

    100 Phil 796

  • G.R. No. L-9621 January 30, 1957 - ANG BENG v. COMMISSIONER OF IMMIGRATION

    100 Phil 801

  • G.R. No. L-9666 January 30, 1957 - STANDARD-VACUUM OIL CO. v. KATIPUNAN LABOR UNION

    100 Phil 804

  • G.R. No. L-7030 January 31, 1957 - PEOPLE OF THE PHIL. v. HILARIO MENDOVA

    100 Phil 811

  • G.R. No. L-7846 January 31, 1957 - RAFAEL LITAM v. REMEDIOS ESPIRITU

    100 Phil 819

  • G.R. No. L-8685 January 31, 1957 - COLLECTOR OF INTERNAL REVENUE v. AURELIO P. REYES, ET AL.

    100 Phil 822

  • G.R. No. L-8960 January 31, 1957 - GERONIMO DE LOS REYES v. MARIA B. CASTRO

    100 Phil 831

  • G.R. No. L-9126 January 31, 1957 - ASIA BED FACTORY v. NATIONAL BED AND KAPOK INDUSTRIES WORKERS’ UNION

    100 Phil 837

  • G.R. No. L-10058 January 31, 1957 - SEVERO ASUNCION v. JUAN BENALISA

    100 Phil 840

  • G.R. No. L-10998 January 31, 1957 - BERNARDINO O. ALMEDA v. FERNANDO SILVOSA, ET AL.

    100 Phil 844

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    G.R. No. L-7846   January 31, 1957 - RAFAEL LITAM v. REMEDIOS ESPIRITU<br /><br />100 Phil 819

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-7846. January 31, 1957.]

    In the matter of the of the intestate estate of the deceased Rafael Litam. GREGORIO DY TAM, Petitioner-Appellant, v. REMEDIOS ESPIRITU, as guardian of the incompetent Marcosa Rivera, and ARMINIO RIVERA, Oppositors-Appellees.

    Syrip, Quisumbing, Salazar & Associates for Appellant.

    E. L. Gonzales for Claimant-Appellee.

    De los Santos & De los Santos for administrator-appellee.


    SYLLABUS


    1. DESCENT AND DISTRIBUTION; PERSONS NOT RELATED TO THE DECEDENT. — Persons who are not children of a deceased can not claim any interest and share in the estate of the latter and have no legal standing to object to a claim filed in the administration proceedings of the said estate of the decedent.


    D E C I S I O N


    PADILLA, J.:


    On 21 May 1952 Gregorio Dy Tam filed in the Court of First Instance of Rizal a petition dated 24 April 1952 for the administration and settlement of the estate of Rafael Litam who died intestate in Manila on 10 January 1951 (special proceedings No. 1537), claiming that he and four brothers and three sisters are the children of the decedent had with Sia Khin, now deceased, by a marriage celebrated in China sometime in 1911; that after the death of their father the petitioner and his brothers and sisters came to know that their father had contracted in 1922 in the Philippines, during the subsistence of his previous marriage with Sia Khin, another marriage with Marcosa Rivera out of which marriage here is no issue; and that the deceased acquired properties during his lifetime and marital union with Marcosa Rivera one-half of which valued of P65,000 belonged to their father.

    On 12 July 1952 Marcosa Rivera filed a counter-petition denying the alleged marriage of the deceased to Sia Khin and the filiation of the petition and his brothers and sisters; asserting that the properties claimed by the petitioners and his brothers and sisters to have been acquired by their father are her parapherna; and praying that Arminio Rivera be appointed administrator of the estate of the deceased. As prayed for, on 29 August 1952 letters of administration were issued to Arminio Rivera who upon the filing of a bond took the oath and entered upon the performance of his duties. On 8 September 1952 the Court entered an order notifying all persons having claims for money against the decedent to file their claims with the clerk of court within the statutory period.

    On 10 March 1953 Remedios R. Espiritu, guardian of the incompetent Marcosa Rivera (special proceedings No. 1709 of the same court), filed a claim against the estate of the deceased Rafael Litam, alleging that the decedent was indebted to her ward in the sum of P252,658.33, as evidenced by a public instrument dated 24 February 1946 and a private document dated 28 November 1950, and praying that the administrator of the estate of the late Rafael Lita, be ordered to pay her in her capacity as guardian the aforesaid sum together with the stipulated interest at 10% per annum of P62,000 and legal interest on P190,659.33 from the date of the filing of the claim until fully paid. On 14 March 1953 the administrator filed an answer admitting that the claim of Remedios R. Espiritu in her capacity as guardian of the incompetent Marcosa Rivera is "genuine and bona fide."cralaw virtua1aw library

    On 4 January 1954 the Court, finding the claim to be genuine, valid and legal," ordered the administrator —

    . . . to pay, in the due course of administration, to the claimant, Remedios R. Espiritu, as judicial guardian of the incompetent Marcosa Rivera, the above-mentioned sum of P252,658.33, together with the stipulated interest at the rate of 10% per annum on the sum of P62,000.00 and the legal interest on the sum of P190,658.33 from the date of the filing said claim until full payment thereof is made.

    The petitioner has appealed assailing the irregularity and legality of the aforesaid order.

    The question raised in this appeal — whether or not the Court erred in approving the claim of Marcosa Rivera — has become moot, in view of the holding of his Court in the case of Henry Litam Et. Al. v. Remedios Espiritu et. al., supra p. 364, wherein the appellant Gregorio Dy Tam was also a party, to the effect that when Rafael Litam contracted marriage with Marcosa Rivera, he was not married to Sia Khin, the alleged mother of the appellant and his four brothers and three sisters; and that they are not the children of the late Rafael Litam. By this pronouncement, the basis upon which the appellants and his brothers and sisters could claim any interest and share in the estate of the deceased Rafael Litam has disappeared. Hence they have no legal standing to object to the claim of Marcosa Rivera.

    The appeal is dismissed, without no pronouncement as to costs.

    Paras, C.J., Bengzon, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Endencia and Felix, JJ., concur.

    G.R. No. L-7846   January 31, 1957 - RAFAEL LITAM v. REMEDIOS ESPIRITU<br /><br />100 Phil 819


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