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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-1958 Jurisprudence                 

  • G.R. Nos. L-9456 & L-9481 January 6, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. DOMINGO DE LARA

    102 Phil 813

  • G.R. No. L-9692 January 6, 1958 - COLLECTOR OF INTERNAL REVENUE v. BATANGAS TRANSPORTATION COMPANY

    102 Phil 822

  • G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA

    102 Phil 835

  • G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL.

    102 Phil 839

  • G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL.

    102 Phil 843

  • G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO

    102 Phil 846

  • G.R. No. L-10285 January 14, 1958 - SAMPAGUITA SHOE v. COMMISSIONER OF CUSTOMS

    102 Phil 850

  • G.R. No. L-10423 January 21, 1958 - AMADO P. JALANDONI v. ANGELA MARTIR-GUANZON

    102 Phil 859

  • G.R. No. L-11000 January 21, 1958 - PEOPLE OF THE PHIL. v. ALICIA RAPIRAP

    102 Phil 863

  • G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL

    102 Phil 866

  • G.R. No. L-10196 January 22, 1958 - SANTOS LUMBER COMPANY v. CITY OF CEBU

    102 Phil 870

  • G.R. No. L-10776 January 23, 1958 - MELITON HERRERA v. THE AUDITOR GENERAL OF THE REP. OF THE PHIL.

    102 Phil 875

  • G.R. No. L-10922 January 23, 1958 - GREGORIO P. DE GUZMAN v. JOSE B. RAMOSO

    102 Phil 883

  • G.R. No. L-12294 January 23, 1958 - UNITED PEPSI-COLA SALES ORGANIZATION (PAFLU) v. HON. ANTONIO CA‘IZARES

    102 Phil 887

  • G.R. No. L-10234 January 24, 1958 - IN RE: Victoriano Yap Subieng to be admitted a citizen of the Phil.; VICTORIANO YAP SUBIENG v. REP. OF THE PHIL.

    102 Phil 892

  • G.R. No. L-9689 January 27, 1958 - JESUS T. QUIAMBAO v. PEDRO R. PERALTA

    102 Phil 899

  • G.R. No. L-10806 January 27, 1958 - DAVID AZNAR v. ASUNCION SUCILLA

    102 Phil 902

  • G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ

    102 Phil 907

  • G.R. No. L-10446 January 28, 1958 - COLLEGE OF ORAL & DENTAL SURGERY v. COURT OF TAX APPEALS

    102 Phil 912

  • G.R. No. L-10874 January 28, 1958 - RUFINO D. ANDRES v. THE CROWN LIFE INSURANCE COMPANY

    102 Phil 919

  • G.R. No. L-10702 January 29, 1958 - PEOPLE OF THE PHIL. v. SIXTO CABARLES

    102 Phil 926

  • G.R. No. L-10091 January 29, 1958 - BOY SCOUTS OF THE PHIL. v. JULIANA V. ARAOS

    102 Phil 1080

  • G.R. No. L-11343 January 29, 1958 - CARLOS LEDESMA v. COURT OF TAX APPEALS

    102 Phil 931

  • G.R. No. L-11248 January 30, 1958 - ANACLETA VILLAROMAN v. QUIRINO STA. MARIA

    102 Phil 937

  • Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO

    102 Phil 940

  • G.R. No. L-8252 January 31, 1958 - JOSE C. ZULUETA v. NICANOR NICOLAS

    102 Phil 944

  • G.R. No. L-9871 January 31, 1958 - ATKINS v. B. CUA HIAN TEK

    102 Phil 948

  • G.R. No. L-9928 January 31, 1958 - REP. OF THE PHIL. v. THE COURT OF APPEALS

    102 Phil 953

  • G.R. No. L-10022 January 31, 1958 - NORTHERN MOTORS v. NATIONAL LABOR UNION

    102 Phil 958

  • G.R. No. L-10141 January 31, 1958 - REP. OF THE PHIL. v. PHILIPPINE RESOURCES DEVELOPMENT CORPORATION

    102 Phil 960

  • G.R. Nos. L-10236-48 January 31, 1958 - PEOPLE OF THE PHIL. v. EUSTACIO DE LUNA

    102 Phil 968

  • G.R. No. L-10370 January 31, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. MATIAS H. AZNAR

    102 Phil 979

  • G.R. No. L-10547 January 31, 1958 - THE PHIL. GUARANTY CO. v. LAURA DINIO

    102 Phil 991

  • G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON

    102 Phil 995

  • G.R. No. L-10747 January 31, 1958 - MARIANO DIAZ v. PASCUAL MACALINAO

    102 Phil 999

  • G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT

    102 Phil 1003

  • G.R. No. L-11024 January 31, 1958 - ALFONSO ANGELES v. THE COURT OF APPEALS, GREOGORIO STA. INES

    102 Phil 1006

  • G.R. No. L-11186 January 31, 1958 - ALFONSO CABABA v. PUBLIC SERVICE COMMISSION

    102 Phil 1013

  • G.R. No. L-11395 January 31, 1958 - SOTERA GARCIA DIMAGIBA v. HON. AMBROSIO M. GERALDEZ

    102 Phil 1016

  • G.R. No. L-11647 January 31, 1958 - FLORENTINO NAVARRO v. HON. ELOY BELLO

    102 Phil 1019

  • G.R. No. L-12724 January 31, 1958 - PEOPLE OF THE PHIL. v. CARIDAD CAPISTRANO

    102 Phil 1025

  •  





     
     

    G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL<br /><br />102 Phil 866

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-11014. January 21, 1958.]

    VICTORIANA ESPIRITU, JORGE ROBLES, JOSEFINA DE VERA, FAUSTINO QINTIVES, LEONOR BRIONES, EVANGELINA PATACSIL, TEOFILO ANCHETA and BRIGIDA MANGONON, Petitioners-Appellants, v. THE MUNICIPAL COUNCIL, MUNICIPAL MAYOR and THE CHIEF OF POLICE OF POZORRUBIO, PANGASINAN, Respondents-Appellees.

    Teodulfo L. Reyes and Romulo M. Abarcar, for Appellants.


    SYLLABUS


    PUBLIC PROPERTY; TOWN PLAZAS; OUTSIDE THE COMMERCE OF MEN; USE AND OCCUPATION OF, DURING EMERGENCY. — Town plazas are properties of public dominion, to be devoted to public use and to be made available to the public in general. They are outside the commerce of man and cannot be disposed of or even leased by the municipality to private parties. They cannot be used for the construction of market stalls, specially of residences, and such structures constitute a nuisance subject to abatement according to law. While in case of war or during an emegency, town plazas may be occupied temporarily by private individuals, when the emergency has ceased, said temporary occupation or use must also cease, and the town officials should see to it that the town plazas should ever be kept open to the public and free from encumbrances or illegal private constructions.


    D E C I S I O N


    MONTEMAYOR, J.:


    This is an appeal from the decision of the Court of First Instance of Pangasinan of April 28, 1956, dismissing the petition for prohibition filed by appellants, lifting the preliminary injunction against the appellees and ordering the removal of appellants’ stalls from the public plaza of appellee municipality, within ten days from notice. Pending appeal, counsel for the appellees filed a Manifestation on September 16, 1957, copy of which was duly served on appellants, that several months after the oral argument held before this Tribunal on January 25, 1957, appellants had voluntarily vacated the public plaza of Pozorrubio by transferring and removing their buildings and merchandise therefrom to private lots fronting the plaza; and that the municipality had already begun the construction of concrete fences in the premises, formerly occupied by appellants, without any complaint whatsoever from them or their counsel; and that consequently, the present case has become moot and academic, and asking that the present appeal be dismissed. By resolution of this Court of October 21, 1957, appellants were required to comment on this Manifestation and petition for dismissal, within ten days from notice. Despite notice of this resolution, appellants failed to file the required comment. For this reason, we could well summarily dismiss this appeal by resolution. However, for the satisfaction of the parties and for possible guidance of town officials and residents, we have deemed it convenient and necessary to decide the case by formal decision.

    The facts are not disputed. In fact, no evidence was submitted at the hearing before the trial court, the parties having petitioned that the case be decided on the pleadings. During the last world war, the market building of the town of Pozorrubio was destroyed, and after Liberation, the market vendors began constructing temporary and make- shift stalls, even small residences, on a portion of the town plaza. The Municipal Treasurer collected from these stall owners fees at the rate of P.25 per square meter a month. In time, the whole municipal market was rehabilitated, but the owners of the structures on the plaza failed and refused to transfer to said market place.

    The Municipal Council of Pozorrubio received petitions from civic organizations like the Woman’s Club and the Puericulture Center, for the removal of the market stalls on the plaza, which were being used not only as stalls, but also for residence purposes, said organizations desiring to convert said portion of the plaza into a children’s park. The Provincial Board of Pangasinan had also presented to the Council the petition of another civic organization of Pozorrubio, asking for the removal of the stalls from the plaza, and the attention of the Council was also called to the letter-circular of the Secretary of the Interior about the existence of these stalls on the public plaza, said to be illegal.

    As a result, the Municipal Council of Pozorrubio passed Resolution No. 209, Series of 1951, stating that the public market had already been rehabilitated, and ordering the occupants and owners of the structures on the plaza to remove their buildings within sixty days from receipt of the resolution. In answer to this resolution, eight of the market stall building owners filed a petition for prohibition in the Court of First Instance of Pangasinan against the Municipal Council, the Municipal Mayor, and the Chief of Police of Pozorrubio. Pending hearing, the trial court issued a writ of preliminary injunction.

    The trial court found that the fee of P.25 per square meter collected by the Municipal Treasurer, was not for the rent of the portion of the public plaza occupied by the market stalls, as claimed by appellants, but rather the market stall fees charges on all market vendors in a public market; and that there was absolutely no contract or agreement between the appellants on one side and the municipality on the other, about renting of the Plaza to the former. There is reason to believe that the occupation of the plaza and the construction of temporary buildings thereon by appellants mostly for market, even residence purposes, was merely tolerated by the municipality, because of the destruction of the public market during the war, but the trouble is that appellants, even after the rehabilitation of the old market, refused to transfer to said market place, perhaps to save the trouble and expense of transferring their buildings, or possibly to continue enjoying the benefits from the strategic position of their stalls at the plaza. There is absolutely no question that the town plaza cannot be used for the construction of market stalls, specially of residences, and that such structures constitute a nuisance subject to abatement according to law. Town plazas are properties of public dominion, to be devoted to public use and to be made available to the public in general. They are outside the commerce of man and cannot be disposed of or even leased by the municipality to private parties. 1 While in case of war or during an emergency, town plazas may be occupied temporarily by private individuals, as was done and as was tolerated by the Municipality of Pozorrubio, when the emergency has ceased, said temporary occupation or use must also cease, and the town officials should see to it that the town plazas should ever be kept open to the public and free from encumbrances or illegal private constructions.

    Appellants must have realized the absolute lack of merit in their stand and the futility of their appeal because they voluntarily removed their buildings on the plaza. As a matter of fact, after the filing of the prohibition with the trial court, two out of the eight petitioners informed the trial court that they were included as petitioners without their consent, and so asked that they be excluded from the case.

    In view of the foregoing, the decision appealed from is hereby affirmed. With costs against appellants.

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

    G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL<br /><br />102 Phil 866


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