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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-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON<br /><br />102 Phil 995

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. L-10691. January 31, 1958.]

    ERLINDA STERNBERG and LUZ STERNBERG, the latter represented by her Guardian Ad-Litem ANTONIO STERNBERG, Plaintiffs-Appellees, v. GONZALO SOLOMON, Defendant-Appellant.

    Gonzalo Solomon in his own behalf.

    Arturo L. Rodriguez for Appellees.


    SYLLABUS


    1. OBLIGATION AND CONTRACTS; OBLIGATION CONTRACTED DURING JAPANESE OCCUPATION PAYABLE AFTER LIBERATION; PAYMENT ON THE PESO-TO-PESO BASIS. — Obligations contracted during the Japanese occupation and payable only after liberation become payable in Philippine currency on the peso-to-peso basis. (Wilson v. Berkenkotter, 49 Off. Gaz. 1401).

    2. ID.; ID.; ID.; CASE AT BAR. — The deed of mortgage, dated August 7, 1944 , provides not only that the obligation guaranteed thereby shall be paid "one year from the date thereof or on August 7, 1945, and hence, after the liberation of Manila, which took place in February of that year, but also "that strict compliance is the essence and nature of this agreement and as such this mortgage shall be paid one year from date hereof "as provided therein and expressly agreed not sooner or upon the expiration of the time extension if so extended; "Held: That, in line with the view consistently adhered to by his court in several cases, plaintiffs were, and are, entitled to demand payment of their credit on a peso-to-peso basis.


    D E C I S I O N


    CONCEPCION, J.:


    This is an action for the foreclosure of a real estate mortgage constituted on August 7, 1944, by defendant Gonzalo Solomon, in favor of plaintiffs Erlinda Sternberg and Luz Sternberg, to guarantee the payment to each of them of P3,000, Philippine currency, or the total sum of P6,000, Philippine currency, one (1) year from said date, extendible for another year, with interest thereon at the rate of 6 per cent per annum. Plaintiffs alleged in their complaint — filed with the Court of First Instance of Manila, in which the mortgage property is situated — that defendant has failed to pay said debt, despite repeated demands by the former and repeated promises of the latter, for which reason it is prayed that judgment be rendered against said defendant for the principal of said obligation and the interest thereon, and, in the event of failure to pay the same, that the mortgage be foreclosed.

    In his answer, defendant admitted the indebtedness above referred to, as well as the real estate mortgage constituted to secure its satisfaction, and alleged that non-payment thereof is due to plaintiff’s demand that settlement be made in Philippine currency on a peso-to-peso basis, notwithstanding the fact that the principal of the indebtedness was received by him in Japanese military notes, and that he is bound to pay only its equivalent in Philippine currency pursuant to the Ballantyne Schedule of Values. Defendant prayed, therefore, that judgment be rendered only for the equivalent, in Philippine currency, of said sum of P6,000, in Japanese military notes, as may be determined by the court.

    Maintaining that this answer raises merely a question of law, plaintiffs, thereupon, moved for a judgment on the pleadings, which was not objected to by the defendant. Later on, both parties filed their respective memoranda, after which the Court of First Instance of Manila rendered a decision sentencing the defendant to pay to the plaintiffs the sum of P6,000, Philippine currency, without interest, and without any pronouncement as to costs. Defendant has appealed from this decision and he now maintains that:jgc:chanrobles.com.ph

    "1. The lower court erred in refusing to apply the Ballantyne Scale of Values to defendant-appellant’s wartime obligation.

    "2. The lower court erred in finding judgment for the plaintiffs- appellees and against the defendant-appellant for the sum of P6,000, Philippine currency, considering that the obligation was P6,000 in Japanese war notes."cralaw virtua1aw library

    Appellant’s pretense is untenable. We have repeatedly held that obligations contracted during the Japanese occupation and payable only after liberation become due and payable in Philippine currency on the peso-to-peso basis (Wilson v. Berkenkotter, 1 49 Off. Gaz., 1401). In the case at bar, the deed of mortgage in question dated August 7, 1944, provides, not only that the obligation guaranteed thereby shall be paid "one year from date thereof", or on August 7, 1945, and, hence, after the liberation of Manila, which took place in February of that year, but, also:jgc:chanrobles.com.ph

    "That strict compliance is the essence and nature of this agreement and as such this mortgage shall be paid one year from date hereof as provided above and expressly agreed not sooner; or upon the expiration of the time extension if so extended." (Italics ours.)

    In other words, it was expressly agreed upon that plaintiff’s debt could not be paid before August 7, 1945. Since Manila was liberated several months before that date, it follows that, in line with the view consistently adhered to by this Court (Roño v. Gomez 2 46 Off. Gaz., Suppl. No. 11, 339; Gomez v. Tabia, 1 47 Off. Gaz., Suppl. No. 2, 641; Arevalo v. Barretto, 89 Phil., 633; Garcia v. De los Santos, 2 49 Off. Gaz., 4830; Berg v. Teus, 96 Phil., 102; Kare v. Imperial, 3 54 Off. Gaz., 2165; plaintiffs were, and are, entitled to demand payment of their credit on a peso-to-peso basis.

    Wherefore, the decision appealed from is hereby affirmed, with costs against the defendant-appellant. It is so ordered.

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

    Separate Opinions


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

    I dissent for the same reasons stated in my opinion in the cases of Del Rosario v. Sandico, 4 47 Off. Gaz. 2866; La Orden de PP. Benedictinos v. Philippine Trust Co. 5 , 47 Off. Gaz. 2894; Salvante v. Cruz, 88 Phil., 236; Henson v. J. K. Pickering & Co., Ltd., 88 Phil., 312; Philippine Refining Company, Inc. v. Ledesma, 88 Phil., 569; Araneta v. Hongkong & Shanghai Banking Corporation, 88 Phil., 576; Peoples Bank & Trust Co. v. Philippine National Bank, 88 Phil., 625; Hongkong & Shanghai Banking Corporation v. Araneta, G. R. No. L- 3613, 20 June 1951; Ponce de Leon v. Syjuco, 90 Phil., 311; Pacific Commercial Co. v. Go Tian Gee & Co., 90 Phil., 439; Dungao v. Roque, 90 Phil., 657; Winship v. Philippine Trust Co., 90 Phil., 744; Wilson v. Berkenkotter, 6 49 Off. Gaz., 1401; Valenzuela v. Bakani, 7 49 Off. Gaz. 4836; Shotwell v. Lazatin, 8 52 Off. Gaz. 2003; Nicolas v. Matias, 97 Phil., 795; Zaragoza v. Alagar, 9 51 Off. Gaz. 2907; and Kare v. Imperial, supra, p. 173. Paras, C.J., concurs.

    Endnotes:



    1. 92 Phil., 918.

    2. 83 Phil., 890.

    1. 84 Phil., 269.

    2. 93 Phil., 683.

    3. Supra, 173.

    4. 85 Phil., 170.

    5. 85 Phil., 217.

    6. 92 Phil., 918.

    7. 93 Phil., 672.

    8. 97 Phil., 677.

    9. 97 Phil., 1005.

    G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON<br /><br />102 Phil 995


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