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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 CAĆ‘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-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT<br /><br />102 Phil 1003

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-10902. January 31, 1958.]

    FLORIDA LAGMAY and ESTEBAN MADRUĆ‘O, Plaintiffs-Appellants, v. EMERENCIANA QUINIT, VICENTE GUNDRAN, MARCELA GUNDRAN and CIPRIANA GUNDRAN, Defendants-Appellees.

    Raymundo Meris-Morales for Appellants.

    Modesto CariƱo and Bautista & Bautista for Appellees.


    SYLLABUS


    EVIDENCE; ADMISSIBILITY; A WRITING IN ILOCANO DIALECT; WITHOUT OFFICIAL TRANSLATION. ā€” A writing in the Ilocano dialect without the corresponding official translation in an official language is not admissable in evidence (Sec. 57, Rule 123, Rules of Court.)


    D E C I S I O N


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


    On October 12, 1929, Patricio Basto, now deceased, registered owner of an undivided one-half portion of the land described in Original Certificate of Title No. 25620, sold said property to the spouses of Emerenciana Quinit and Teodoro Gundran for the sum of P280 redeemable within ten years (Exh. "A"). The redemption period expired without Basto exercising his right of repurchase.

    Sometime in July, 1948, plaintiffs Florida Lagmay and Esteban MadruƱo filed the present action (Civil Case No. 10330) against defendant Emerenciana Quinit (since widowed) and her children, claiming that they had bought from Quinit in 1943, for the amount of P450, the same land that Quinit and her deceased husband had acquired from Patricio Basto under the deed Exh. "A", as evidenced by the writing in the Ilocano dialect appearing at the back of the last page of Exh. "A", and praying that Quinit be ordered to execute the formal deed of sale as well as to deliver possession of the land in question to them.

    After trial, the court below found that the writing at the back of the last page of Exh. "A" was a subrogation of the rights of the vendor a retro Patricio Basto in favor of the plaintiffs spouses; that before the filing of the present case, Civil Case No. 9859 was filed by one Floserfida Basto (relative of Patricio Basto) against appellee Emerenciana Quinit, claiming ownership of the land in question as successor of Patricio Basto by virtue of a repurchase allegedly made by her relative Florida Lagmay and Esteban MadruƱo (herein plaintiffs- appellants) during the Japanese occupation by virtue of the writing at the back of Exh. "A" ; that said Case No. 9859 was, however, amicably settled, with Basto receiving P350 from defendant Quinit and herein plaintiffs Lagmay and MadruƱo the amount of P450, in consideration for which both Basto and plaintiffs waived, in favor of Quinit, whatever rights they had acquired under the writing at the back of Exh. "A" ; and rendered judgment holding that plaintiffs have no more right to the property in question and dismissing their complaint.

    From the judgment of the trial court, plaintiffs appealed directly to this Court, assigning as sole error that the lower court erred in interpreting the writing in the Ilocano dialect at the back of Exh. "A" as a subrogation in their favor of the interests of Patricio Basto in the deed of sale con pacto de retro Exh. "A", instead of interpreting it as an absolute sale of the land in question by defendant-appellee Quinit to them.

    We find no merit in the appeal. In the first place, the writing in question is in the Ilocano dialect and no translation thereof appears to have been presented in evidence. Admission of this writing was objected to by defendants on the ground that it was not in an official language, and the same was admitted conditionally, subject to plaintiffs’ presenting official translation thereof (t.s.n. pp. 12- 13), which they never did. Consequently, said writing is not admissible in evidence (Sec. 57, Rule 123, Rules of Court).

    In the second place, by limiting their appeal to the legal question of the correct interpretation of the writing in the Ilocano dialect at the back of Exh. "A", appellants are deemed to have admitted the trial court’s findings that whatever rights they had acquired under said writing had been bought back from them by appellee Quinit for the sum of P450 incident to the settlement of the former case No. 9859 and that therefore, they have no more rights to the land in question. In view thereof, the question of the true nature and import of the contract noted in Exh. "A" has become moot and academic.

    The judgment appealed from is, therefore, affirmed, with costs against appellants Florida Lagmay and Esteban MadruƱo. So ordered.

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

    G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT<br /><br />102 Phil 1003


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