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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
 

   
May-1958 Jurisprudence                 

  • G.R. No. L-11219 May 7, 1958 - PACITA SALABARIA VDA. DE SUATARON v. HAWAIIAN-PHILIPPINE COMPANY

    103 Phil 647

  • G.R. No. L-11580 May 9, 1958 - MARCELINO GABRIEL v. GOVERNMENT SERVICE INSURANCE SYSTEM

    103 Phil 651

  • G.R. No. L-11231 May 12, 1958 - ROSARIO CARBONNEL v. JOSE PONCIO

    103 Phil 655

  • G.R. No. L-9531 May 14, 1958 - WARNER BARNES & CO. v. GUILLERMO C. REYES

    103 Phil 662

  • G.R. No. L-11578 May 14, 1958 - GERONIMO AVECILLA v. HON. NICASIO YATCO

    103 Phil 666

  • G.R. No. L-11629 May 14, 1958 - CELEDONIO E. ESCUDERO v. ANTONIO G. LUCERO

    103 Phil 672

  • G.R. No. L-10559 May 16, 1958 - IN RE: YU NEAM v. REPUBLIC OF THE PHIL.

    103 Phil 677

  • G.R. No. L-10657 May 16, 1958 - NUMERIANO L. VALERIANO, ET AL. v. CONCEPCION KERR, ET AL.

    103 Phil 681

  • G.R. No. L-11285 May 16, 1958 - VICENTE SAPTO v. APOLONIA FABIANA

    103 Phil 683

  • G.R. No. L-11924 May 16, 1958 - ISIDORO CEBRERO v. JOSE TALAMAN

    103 Phil 687

  • G.R. No. L-8776 May 19, 1958 - PEOPLE OF THE PHIL. v. ANTONIO CRUZ

    103 Phil 693

  • G.R. No. L-11539 May 19, 1958 - ARING BAGOBA v. ENRIQUE A. FERNANDEZ

    103 Phil 706

  • G.R. No. L-11305 May 21, 1958 - DOMINADOR P. CANLAS, ET AL. v. REPUBLIC OF THE PHIL.

    103 Phil 712

  • G.R. No. L-12375 May 21, 1958 - REPUBLIC OF THE PHIL. v. ALTO SURETY & INSURANCE CO.

    103 Phil 717

  • G.R. No. L-8317 May 23, 1958 - GOVERNMENT OF THE PHILIPPINES v. JUAN ABAD, ET AL.

    103 Phil 725

  • G.R. No. L-10286 May 23, 1958 - LUIS E. ARRIOLA v. REPUBLIC OF THE PHIL.

    103 Phil 730

  • G.R. No. L-10704 May 23, 1958 - SIMEON TAN LIM v. REPUBLIC OF THE PHIL.

    103 Phil 736

  • G.R. No. L-11036 May 23, 1958 - PEOPLE OF THE PHIL. v. FLORENTINO TOLENTINO

    103 Phil 741

  • G.R. No. L-11060 May 23, 1958 - A. U. VALENCIA & Co. v. HERMINIA C. LAYUG, ET AL.

    103 Phil 747

  • G.R. No. L-11152 May 23, 1958 - BENITO CO v. REPUBLIC OF THE PHIL.

    103 Phil 750

  • G.R. No. L-11442 May 23, 1958 - MANUELA T. VDA. DE SALVATIERRA v. LORENZO C. GARLITOS

    103 Phil 757

  • G.R. No. L-11504 May 23, 1958 - ELISEO SAULOG v. N. BAENS DEL ROSARIO

    103 Phil 765

  • G.R. No. L-7451 May 26, 1958 - HACIENDA LUISITA v. BOARD OF TAX APPEALS

    103 Phil 770

  • G.R. No. L-10610 May 26, 1958 - PEOPLE OF THE PHIL. v. ERNESTO SILVELA

    103 Phil 773

  • G.R. No. L-11361 May 26, 1958 - PEOPLE OF THE PHIL. v. FELIX SEMAÑADA

    103 Phil 790

  • G.R. No. L-8190 May 28, 1958 - GONZALO GARCIA v. CONSOLACION MANZANO

    103 Phil 798

  • G.R. No. L-9328 May 28, 1958 - PEOPLE OF THE PHIL. v. AMBROSIO PAUNIL, ET AL.

    103 Phil 804

  • G.R. No. L-10322 May 28, 1958 - GOVERNMENT OF THE PHILIPPINES v. JACINTA ALVAREZ

    103 Phil 816

  • G.R. No. L-10574 May 28, 1958 - PANAY ELECTRIC CO. v. COLLECTOR OF INTERNAL REVENUE, ET AL.

    103 Phil 819

  • G.R. No. L-10931 May 28, 1958 - FLORENClA R. SORIANO v. ONG HOO

    103 Phil 829

  • G.R. No. L-10972 May 28, 1958 - IN RE: PERFECTO GOTAUCO v. REPUBLIC OF THE PHIL.

    103 Phil 834

  • G.R. No. L-10989 May 28, 1958 - PONCIANO GACHO v. SERGIO OSMEÑA

    103 Phil 837

  • G.R. No. L-11112 May 28, 1958 - PHILIPPINE NATIONAL BANK v. LUZON SURETY COMPANY

    103 Phil 853

  • G.R. No. L-11271 May 28, 1958 - PAZ TY SIN TEI v. JOSE LEE DY PIAO

    103 Phil 858

  • G.R. No. L-11311 May 28, 1958 - MARTA C. ORTEGA v. DANIEL LEONARDO

    103 Phil 870

  • G.R. No. L-11412 May 28, 1958 - MAURICIA VDA. DE VILLANUEVA v. MONTANO A. ORTIZ

    103 Phil 875

  • G.R. No. L-11427 May 28, 1958 - DIMAS REYES v. FIDEL D. DONES

    103 Phil 884

  • G.R. No. L-11491 May 28, 1958 - DIRECTOR OF LANDS v. BIENVENIDA JOCSON LAGNITON

    103 Phil 889

  • G.R. No. L-11538 May 28, 1958 - COMMISSIONER OF CUSTOMS, ET AL. v. JEA COMMERCIAL, ET AL.

    103 Phil 894

  • G.R. No. L-11640 May 28, 1958 - CLAUDIO DEGOLLACION v. LI CHUI

    103 Phil 904

  • G.R. No. L-11744 May 28, 1958 - PILAR GIL VDA. DE MURCIANO v. AUDITOR GENERAL

    103 Phil 907

  • G.R. No. L-12196 May 28, 1958 - ASSISTANT PROVINCIAL FISCAL OF BATAAN v. AMBROSIO T. DOLLETE

    103 Phil 914

  • G.R. Nos. L-12214-17 May 28, 1958 - MALIGAYA SHIP WATCHMEN AGENCY v. ASSOCIATED WATCHMEN AND SECURITY UNION (PTWO)

    103 Phil 920

  • G.R. No. L-12222 May 28, 1958 - UNIVERSITY OF SAN AGUSTIN v. COURT OF INDUSTRIAL RELATIONS

    103 Phil 926

  • G.R. No. L-12289 May 28, 1958 - LIM SIOK HUEY v. ALFREDO LAPIZ

    103 Phil 930

  • G.R. No. L-12348 May 28, 1958 - MARIANO CORDOVA v. GREGORIO NARVASA

    103 Phil 935

  • G.R. No. L-13069 May 28, 1958 - JOVENCIO A. REYES v. COMMISSION ON ELECTIONS, ET AL.

    103 Phil 940

  • G.R. No. L-12287 May 29, 1958 - PEOPLE OF THE PHIL. v. FORTUNATO ORTIZ, ET AL.

    103 Phil 944

  • G.R. No. L-7955 May 30, 1958 - JOAQUIN LOPEZ v. ENRIQUE P. OCHOA

    103 Phil 950

  • G.R. No. L-8439 May 30, 1958 - CO CHO CHIT v. HANSON, ORTH & STEVENSON, INC., ET AL.

    103 Phil 956

  • G.R. No. L-10642 May 30, 1958 - IN RE: ALFREDO ONG v. REPUBLIC OF THE PHIL.

    103 Phil 964

  • G.R. Nos. L-10837-38 May 30, 1958 - ASSOCIATED INSURANCE & SURETY COMPANY v. ISABEL IYA

    103 Phil 972

  • G.R. No. L-10952 May 30, 1958 - PEOPLE OF THE PHIL. v. BENIGNO V. LINGAD

    103 Phil 980

  • G.R. No. L-11073 May 30, 1958 - MELECIO ARCEO v. ANDRES E. VARELA

    103 Phil 990

  • G.R. No. L-11374 May 30, 1958 - PEOPLE OF THE PHIL. v. DIOSCORO PINUILA

    103 Phil 992

  • G.R. No. L-11444 May 30, 1958 - VICENTE ROULLO v. MARGARITO LUMAYNO

    103 Phil 1004

  • G.R. No. L-11498 May 30, 1958 - PEOPLE OF THE PHIL. v. RUBEN J. RODRIGUEZ

    103 Phil 1008

  • G.R. Nos. L-11531-33 May 30, 1958 - MARIA CONCEPCION v. PAYATAS ESTATE IMPROVEMENT CP. INC.

    103 Phil 1016

  • G.R. No. L-12053 May 30, 1958 - ROBERTA C. DIAZ v. JESUS Y. PEREZ

    103 Phil 1023

  • G.R. No. L-12081 May 30, 1958 - LORENZO LERMA v. VICTORIANO L. REYES, ET AL.

    103 Phil 1027

  • G.R. No. L-12530 May 30, 1958 - CONSOLIDATED LABOR ASSOCIATION OF THE PHILIPPINES v. HERMOGENES CALUAG

    103 Phil 1032

  • G.R. No. L-12567 May 30, 1958 - TAN GIN SAN v. ROSALIA A. TAN CARPIZO

    103 Phil 1042

  •  





     
     

    G.R. No. L-10559   May 16, 1958 - IN RE: YU NEAM v. REPUBLIC OF THE PHIL. <br /><br />103 Phil 677

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-10559. May 16, 1958.]

    IN THE MATTER OF THE PETITION of Yu Neam to be Admitted a Citizen of the Philippines. YU NEAM, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

    Numeriano G. Estenzo for Appellee.

    First Assistant Solicitor General Guillermo E. Torres and Solicitor Isidro C. Borromeo for Appellant.


    SYLLABUS


    1. NATURALIZATION; EDUCATION OF CHILDREN; REQUIREMENT REFERS ONLY TO THE CHILDREN OF SCHOOL AGE. — The additional requirement of Section 6 of the Revised Naturalization Act that if an applicant for Philippine citizenship has children, all such children should be given primary and secondary education in public or private schools recognized by the government, refers only to children of school age, as made clear in Section 2, paragraph 6 of said Act.

    2. ID.; VOUCHING WITNESSES; LACK OF KNOWLEDGE OF PETITIONER’S SOCIAL ACTIVITIES DOES NOT DISQUALIFY A WITNESS. — The witness’ lack of knowledge of the petitioner’s activities in social circles and civic organizations as the Lions Club, Jaycees, etc., does not necessarily affect his credibility or disqualify him from vouching for petitioner’s general actuations and behaviour in the community.


    D E C I S I O N


    FELIX, J.:


    This is an appeal by the Republic of the Philippines from a decision of the Court of First Instance of Cebu granting Yu Neam Philippine citizenship after making a finding that he possess all the qualifications and none of the disqualifications provided by law. The facts of the case are as follows:chanrob1es virtual 1aw library

    On July 17, 1954, Yu Neam, a citizen of Nationalist China, filed a petition for naturalization alleging, among others, that he was born in China on August 5, 1915, emigrating to the Philippines where he arrived on board the vessel "Tay Bing" on August 19, 1918 when he was hardly 3 years old; that he has continuously resided in Cebu City from then on, except for 2 occasions when he went to Amoy and Formosa, China, on vacation; that he is a businessman and a member of the partnership Jock Chuan Lam Company, with a share of P85,000.00 from which he derives an average annual income of P6,000.00; that he is married to Quin Wan, also a Chinese, with whom he had 8 children, namely: Roman Antonio Yu, Loreta Yu, Johnny Yu, Ronee Yu, Virginia Yu, Roberto Yu, Albert Yu and Elizabeth Yu, who were born on August 9, 1939, February 3, 1941, August 6, 1943, August 3, 1946, May 11, 1948, April 9, 1949, April 8, 1951 and July 26, 1953 respectively, 6 of whom were enrolled at the Cebu Chinese High School, an institution duly recognized by the government, which was not limited to any particular race or nationality and where Philippine history and civics were prescribed as part of the curriculum; that he speaks and writes English and Cebu Visayan dialect; that he believes in the principles underlying the Philippine Constitution; that he was not affiliated to any association or group of persons teaching or upholding doctrines opposed to organized governments; and that he had conducted himself in an irreproachable manner and had mingled with Filipinos evincing a desire to learn and embrace Filipino customs and ideals. He also claims to be entitled to the benefit granted by Commonwealth Act No. 535 exempting any person born in the Philippines or who has continuously resided thereat for a period of 30 years from filing a declaration of intention.

    After hearing the Court, in a decision dated February 10, 1956, admitted petitioner to Philippine citizenship upon finding that he possessed all the qualifications and none of the disqualifications provided for by law. Oppositor, the Republic of the Philippines, through the Solicitor General instituted the instant appeal contending that the lower Court erred:chanrob1es virtual 1aw library

    1. In not finding that petitioner has failed to file a declaration of intention pursuant to Section 5 of the Revised Naturalization Law;

    2. In not finding Florentino Almacen as incompetent to act as witness for petitioner; and

    3. In granting Philippine citizenship to said petitioner.

    In raising the first issue, oppositor advances the argument that Section 6 of the Naturalization Law — requiring that if an applicant for Philippine citizenship has children, all such children should be given primary and secondary education in public or private schools recognized by the government — must be given strict interpretation, and as petitioner admits that of his 8 children, only 6 are enrolled in an institution duly recognized by the government, he can not avail of the exemption allowed by section 5 thereof.

    Counsel for the oppositor must have in mind petitioner’s failure to enroll or provide primary and secondary education to 2 of his children in a public or private institution, but it must be noted that as of the date of the filing of the petition, said children, Albert and Elizabeth Yu, were aged 3 years, 3 months and 9 days and 11 months and 21 days, respectively. It certainly would be unreasonable to expect an applicant to comply with the aforementioned requirement where same is an impossibility as in the instant case. Furthermore, as the Court had already pronounced, "the additional requirement of said section 6 of the Revised Naturalization Act refers only to children of school age, as made clear in section 2, paragraph 6, of said Act" (Quezon Ong Tan v. Republic of the Philippines, 101 Phil., 690; 54 Off. Gaz., [12], 3811). It is obvious therefore, that appellant’s contention cannot be sustained.

    Oppositor likewise alleges that Florentino Almacen, one of the witnesses introduced by petitioner to vouch his petition, was not competent to testify as to the latter’s qualifications, quoting certain portions in his testimony wherein said witness, in reply to certain questions propounded by counsel for petitioner in the direct examination, admitted not having knowledge of certain activities of applicant. We find appellant’s contention to be untenable, not only because the portions of the testimony referred to — wherein the witness disavowed knowledge of petitioner’s activities in social Circles and civic organizations as the Lions Club, Jaycees, etc. and the latter’s relations with the government — do not necessarily affect his credibility, but also because his lack of knowledge in keeping track of petitioner’s participation in the aforementioned activities is understandable, for petitioner and the witness move in different circles in society. This, however, does not disqualify him from vouching for petitioner’s general actuations and behavior in the community. In a very recent case, this Court, through Mr. Justice J. B. L. Reyes, held that the fact that a witness did not always see petitioner in his home whenever the former pay the latter’s family a visit, and that said witness did not know the Chinese name of petitioner’s mother, nor that said petitioner had any sister or not, are merely unimportant and insignificant to affect the witness’ knowledge of the conduct and character of petitioner (Antonio Te v. Republic of the Philippines, G. R. No. L-10805, April 23, 1958). The same thing may be said of the witness in the case at bar. Having been a customer of the Jock Chuan Lam Company of which petitioner Yu Neam is a partner and co-manager from 1934 and being a "compadre" of the latter, Florentino Almacen certainly possesses sufficient knowledge of petitioner’s character as to make him qualified to testify on the same.

    Furthermore, the lower Court in giving the petition a favorable verdict apparently took into consideration the testimony of said witness, and as this Court has expressed in a long line of decided cases, appellate courts are not prone to disturb the findings of fact made by the trial court as to the credibility of witnesses by reason of its opportunity to observe the conduct and demeanor of said witnesses while so testifying (Tiu Bon Hui v. Republic of the Philippines, G. R. No. 8730, November 19, 1956). As appellant’s exception to the decision involves the credibility of a witness, and the lower court obviously made its ruling in this matter, We find nothing to sustain the declaration that Florentino Almacen is not qualified to testify as a witness for petitioner. Obviously, the court a quo did not err in ruling that petitioner Yu Neam could be admitted to Philippine citizenship.

    Wherefore, the decision appealed from is hereby affirmed. Without pronouncement as to costs. It is so ordered.

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

    G.R. No. L-10559   May 16, 1958 - IN RE: YU NEAM v. REPUBLIC OF THE PHIL. <br /><br />103 Phil 677


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