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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-12348   May 28, 1958 - MARIANO CORDOVA v. GREGORIO NARVASA<br /><br />103 Phil 935

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-12348. May 28, 1958.]

    MARIANO CORDOVA, Petitioner, v. HON. GREGORIO NARVASA, ET AL., Respondents.

    Francisco Lavides for Petitioner.

    Baltazar & Llerena-Telmo for respondent Jacinta Abella.


    SYLLABUS


    1. PREFERENCES AND PRIORITIES; JUDGMENT CREDITS; PRIORITY OF DATES. — Under article 2244 Of the New Civil Code, with reference to real and personal properties of the debtor, a credit which appears in a final judgment, which was the subject of litigation, is considered preferred, and the preference is determined by considering priority of the dates of the judgment.

    2. ID.; REGISTERED MORTGAGE CREDIT OVER UNSECURED CREDITS. — Under Article 2242, with reference to specific immovable property and real rights of the debtor, a mortgage credit recorded in the registry of property is deemed preferred in so far as the property mortgaged is concerned over other unsecured credits.


    D E C I S I O N


    BAUTISTA ANGELO, J.:


    This is a petition or certiorari with preliminary injunction seeking to set aside two orders of respondent Judge which are alleged to have been issued in excess of jurisdiction or with grave abuse of discretion. The writ prayed for was issued upon filing by petitioner of the required bond.

    The orders complained of involved the payment of two judgment credits, one in favor of petitioner and the other of Jacinta Abella against a common debtor, G. K. Co Bun Kim. The only property of Co Bun Kim for the payment of said credits is a seventeen-door apartment building in Ermita, Manila, and the funds in the hands of the receiver of the building. The receivership was instituted in Civil Case No. 16221 of the Court of First Instance of Manila at the instance of one Natalio Enriquez in order to preserve the property and secure payment of the credit existing in his favor.

    The judgment credit of petitioner originated from a loan of P20,986.42 taken by Co Bun Kim from one Concha Apacible which he obtained for the improvement and preservation of the building under receivership which he built on a parcel of land he leased from spouses Rafael Alonso and Consuelo A. Lara. This loan was secured by Co Bun Kim with a mortgage over the same building which was duly recorded. On August 31, 1951, upon failure of Co Bun Kim to pay the loan as agreed upon, Apacible filed an action in the court of first instance for the foreclosure of the mortgage which was docketed as Civil Case No. 14603. Judgment was rendered on April 23, 1952 ordering Co Bun Kim to pay Apacible the sum of P20,986.42, with interest, attorneys’ fees and costs. A writ of execution was secured by Apacible on July 7, 1952, but the execution was not carried out because the building was placed under receivership in Civil Case No. 16221 which was instituted by Co Bun Kim against Natalio Enriquez for the annulment of a third mortgage on the building for the amount of P50,000. It must be noted that the mortgage in favor of Apacible is only a second mortgage on the building, the first mortgage thereon for the sum of P30,000 being in favor of Tabacalera Company, and the third mortgage in favor of Natalio Enriquez. When Enriquez learned of the existence of the two prior mortgages, he bought the rights of Tabacalera and Apacible under their mortgages. The mortgage credit of Apacible was acquired by him on September 20, 1952 and that of Tabacalera on October 21, 1952. Subsequently however, or on March 26, 1956, Natalio Enriquez transferred and assigned all his rights under the three mortgages to the herein petitioner Mariano Cordova.

    In the meantime, Co Bun Kim failed to pay the rentals of the land on which the building is erected and so on April 25, 1953, Jacinta Abella, who bought the land from its original owners, filed an action to collect them in the Court of First Instance of Manila which was docketed as Civil Case No. 19409. Judgment was rendered in favor of Abella ordering Co Bun Kim to pay the rentals from January, 1953 to January, 1955, which judgment was affirmed by the Supreme Court on February 28, 1957.

    On April 8, 1957, petitioner filed a motion in the receivership case (Civil Case No. 16221) praying that the receiver be authorized to pay him the judgment rendered in favor of Apacible which was assigned to him in preference to the judgment rendered in favor of Jacinta Abella for rentals of the building on the ground that his mortgage credit has preference under the law over that of Abella. Petitioner, on the same date, filed another motion praying that the judgment rendered in favor of Abella be held in abeyance until his judgment credit shall have been satisfied based on the same ground of preference that his credit enjoys under the law. Both motions were denied by respondent Judge thereby giving the impression that the judgment in favor of Jacinta Abella for back rentals may be executed in preference to that of petitioner. Hence the present petition for certiorari.

    The issue before us is whether the judgment credit of Concha Apacible which was assigned to petitioner is preferred over the judgment credit in favor of Jacinta Abella, and if so, whether the former may be executed in preference to the latter contrary to what was decreed by respondent Judge.

    Petitioner contends that his judgment credit is preferred over that of Jacinta Abella for the following reasons:jgc:chanrobles.com.ph

    "(a) the credit of petitioner matured and became due way back in 1951, and the judgment thereon became final and executory in June, 1952; while the judgment of respondent Abella became final and executory only last March, 1957, and the same is for rentals which fell due only from January, 1953 up to January, 1955;

    "(b) the judgment credit of petitioner is secured by a mortgage on the building in receivership from which the funds in the hands of the receiver were derived, which mortgage operates directly and immediately upon the said building and its income; while the claim of Abella is only for some months’ back rentals on the land for which there is no lien whatsoever on the building or on the income therefrom in the hands of the receiver;

    "(c) the judgment credit of petitioner is on a loan which was used by the debtor Co Bun Kim for the repair, improvement and preservation of the building in receivership; and

    "(d) the funds in the hands of the receiver, from which petitioner seeks payment, were collected and preserved because of the institution of the receivership at the instance of Natalio Enriquez, assignor of the petitioner, for the payment of his (now petitioner’s mortgage credits, and not for the payment of the claim of Abella."cralaw virtua1aw library

    There is merit in this contention. Under Article 2244 of the new Civil Code, re classification of credits, it is provided that, with reference to real and personal properties of the debtor, a credit which appears in a final judgment, which was the subject of litigation, is considered preferred, and the preference is determined by considering the priority of the dates of the judgment. Again, under Article 2242, it is also provided that, with reference to specific immovable property and real rights of the debtor, a mortgage credit recorded in the registry of property is deemed preferred in so far as the property mortgaged is concerned, over other unsecured credits. Under these legal provisions, there can be no question that the judgment credit rendered in favor of Concha Apacible which was assigned to petitioner is preferred over that of Jacinta Abella for back rentals because the same is not only prior in time but secured by a real estate mortgage. Thus, it appears that the judgment in favor of Apacible was rendered on April 23, 1952 and became final and executory on July 7, 1902, whereas the judgment credit in favor of appellee became final and executory only in March, 1957. On the other hand, the judgment credit of Abella is unsecured, whereas the credit of Apacible is secured by real estate mortgage which was duly recorded in the registry of property. There is therefore no plausible reason why the judgment credit of petitioner should not be executed in preference to that of Jacinta Abella.

    It is true that the properties on which the judgment is sought to be executed are under receivership, but it is for this reason that petitioner filed a motion in the receivership case praying for authority for the payment of his judgment credit by the receiver as required by law. But even this step was thwarted because of the refusal of respondent Judge to grant the motion. Respondent-Judge seems to have adopted the attitude that the judgment credit of Jacinta Abella is entitled to preference and should first be executed. Obviously, respondent Judge acted on the matter with grave abuse of discretion.

    Wherefore, petition is granted. The orders subject of the petition are hereby set aside, the writ of preliminary injunction issued by this Court is declared permanent. Costs against respondent Jacinta Abella.

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

    G.R. No. L-12348   May 28, 1958 - MARIANO CORDOVA v. GREGORIO NARVASA<br /><br />103 Phil 935


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