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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-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ<br /><br />102 Phil 907

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-11093. January 27, 1958.]

    LEONARDO ENAGE LABAJO, ET AL., Plaintiffs-Appellants, v. CIRIACO ENRIQUEZ, Defendant-Appellant.

    Jesus B. Velasco for plaintiffs and appellants.

    De la Cruz & De la Cruz for defendant and appellant.


    SYLLABUS


    POSSESSION; PERSON OCCUPYING PROPERTY OF ANOTHER; PRESUMPTION OF GOOD FAITH. — Under the law (the Old as well as the New Civil Code) a person occupying the property of another is deemed to be a possessor in good faith and that he who alleges bad faith on the part of the possessor has the burden of proof. In the case at bar, the defendant claimed good faith alleging he bought a lot, contiguous and adjacent to the lot in question and thought that the latter was included in the parcel he had bought, and so in good faith he had occupied and rented it to tenants together with his parcel; furthermore, during his occupancy he had been paying the real estate taxes on the said lot in question. This claim was not disproved by the plaintiff, neither did they submit evidence to show bad faith on the part of the defendant. As a possessor in good faith, the latter was entitled to the fruits received by him until the time when he was advised by the plaintiffs that the lot belonged to them.


    D E C I S I O N


    MONTEMAYOR, J.:


    Both parties, plaintiffs and defendant, are appealing from the judgment of the Court of First Instance of Leyte, dismissing the complaint of plaintiffs and the counterclaim of defendant.

    On February 16, 1954, plaintiffs commenced the present action in the Leyte court, alleging that they were co-owners of Lot No. 676 of the Tacloban cadastre, covered by Original Certificate of Title No. 10552; that in May, 1945, up to June, 1950, inclusive, due to their absence from Tacloban, Leyte, they had neglected or abandoned the said lot and that defendant Ciriaco Enriquez, without their knowledge and consent, voluntarily administered the said lot by leasing the same to several tenants and collecting during the aforesaid period, rentals thereon amounting to P2,552, thereby unjustly enriching himself in the said sum; that they, plaintiffs, have made repeated demands on Enriquez for reimbursement of the said amount, but that he had refused to comply with their demand, and so they asked the court for judgment on the said amount, plus P200 as damages.

    Defendant Enriquez answering the complaint, alleged that the lot in question had been abandoned by the plaintiffs not since May, 1945, but since the year 1932, and that when he (Enriquez) bought lot No. 2059 of the Tacloban cadastre, contiguous and adjacent to said Lot No. 676, he thought that the latter was included in the parcel he had bought, and so in good faith, he had occupied and rented it to tenants together with his parcel, but that the rentals received by him did not reach the sum of P2,552 claimed by the plaintiffs; that furthermore, during the said period, he had been paying the real estate taxes on the said lot in question; and that under the provisions of Articles 526, 527, 528, and 544 of the New Civil Code, he should be considered as a possessor in good faith and entitled to the fruits received by him. By way of counterclaim, he alleged that in connection with the demand of plaintiffs for reimbursement, which he had refused, they had filed fabricated charges of estafa against him in the Municipal Court of the City of Tacloban on September 16, 1953, and that on October 30 of the same year, the Municipal Court dismissed the charges on the ground that there was no crime of estafa committed, and that the case involved was more of a civil nature; that as a result of the filing of the false charges, he suffered humiliation, embarrassment and mental anguish, thereby causing him damages in the amount of P5,000, and compelling him to employ the services of counsel in the amount of P500; and finally, he asked the court to render judgment on the pleadings.

    The plaintiffs answering the counterclaim, admit having filed the criminal charges against the defendant and the dismissal of the same, but that they disagreed with the order of the Municipal Court and intended to revive the same criminal case in the Court of First Instance of Leyte; and that as regards defendant’s petition for judgment on the pleadings, they had no objections, provided the defendant in his prayer for judgment "is understood to admit all the material and relevant allegations of the plaintiffs’ complaint", including the allegations that the defendant had unjustly enriched himself in the amount of P2,552; and that because of his refusal to pay said amount they were compelled to bring the present action, incurring damages in the amount of P200 as attorney’s fees.

    Acting upon the motion for judgment of the pleadings, the trial court rendered judgment, and applying the articles of the Civil Code aforementioned, it dismissed the complaint as well as the counterclaim. Plaintiffs in their notice of appeal stated that they were appealing the judgment to the "Supreme Court on pure question of law." The appeal, however, was first taken to the Court of Appeals, which tribunal later certified the appeal to us on the ground that it involved only question of law.

    Plaintiffs in their appeal brief, claim that the trial court erred in rendering judgment on the pleadings. However, as already stated, they informed the court that they had no objection to the petition of the defendant for judgment on the pleadings, although they imposed the condition that defendant admit that he had received the amount of their demand from the rentals on the property in question, and that he refused to pay the same to them.

    We believe that the trial court was fully justified in dismissing the complaint. Under the law (the Old as well as the New Civil Code), a person occupying the property of another is deemed to be a possessor in good faith, and that he who alleges bad faith on the part of the possessor has the burden of proof. In the present case, the defendant claimed good faith, alleging that the lot in question was adjacent to his, and that he believed in good faith that it formed part of it. This claim was not disproved by the plaintiffs, neither did they submit evidence to show bad faith on the part of the defendant. As a possessor in good faith, the defendant was entitled to the fruits received by him until June, 1950, when he was advised by the plaintiff that the lot belonged to them.

    As regards the dismissal of the counterclaim, the defendant equally failed to prove that the plaintiffs acted in bad faith and with ulterior motives in filing the criminal charges against him. It may be presumed that they believed in good faith that his refusal to reimburse the rentals received by him constituted estafa, until they were disabused in said belief by the Municipal Court holding that the responsibility of defendant was civil rather than criminal. Moreover, the defendant had received rentals from the lot of the plaintiffs for so many years, which on the claim of good faith, as a possessor he does not have to reimburse to them, and so it is a matter of justice and equity that he forego his claim for alleged damages contained in his counterclaim.

    In view of the foregoing, the judgment appealed from is hereby affirmed. No costs.

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

    Paras, C.J., concurs in the result.

    Separate Opinions


    PADILLA, J., dissenting:chanrob1es virtual 1aw library

    It appears that the parcel of land acquired by purchase by the defendant and the one adjoining it owned by the plaintiffs are registered under the Land Registration Act (Act No. 496). The fact that the defendant found it unoccupied or abandoned and that he was made to believe that the parcel of land he had acquired by purchase included the adjoining parcel of land owned by and registered in the name of the plaintiffs, does not render him a possessor in good faith. Were this a matter of a few square meters and with a standing wall pointing out the boundary of the parcel of land acquired by the party who claims to be a possessor in good faith of a small adjacent strip of land within the area of an adjoining registered parcel of land belonging to another, good faith of the former might be accepted and believed, as held in Co Tao v. Chan Chico, 46 Off, Gaz. 5514. But one who purchases a parcel of land registered under the Torrens system must be presumed to know the area and boundaries of the acquired parcel of land. Assuming that he was told that the adjoining parcel of land owned by another, also registered under the same system, was included in the parcel of land he had acquired by purchase, that does not make him a possessor in good faith of the parcel of land belonging to the other. He should have first inquired and verified the information given him, and should not have relied upon it and proceeded to lease it to other parties. Law, equity and justice demand that he turn over the rentals he had collected from the parcel of land which he does not own to the rightful owners, as no one is allowed to unjustly enrich himself at the expense of another. The case should be remanded to the trial court for determination of the amount the defendant had collected and the amount of taxes which he claims he had paid for the parcel of land owned by the plaintiffs, and after determination thereof and offsetting one against the other, to order the defendant to pay the balance to the plaintiffs.

    G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ<br /><br />102 Phil 907


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