Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1961 > October 1961 Decisions > G.R. No. L-16538 October 27, 1961 - "Y" SHIPPING CORP. v. AGUSTIN BORCELIS, ET AL. :




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-16538. October 27, 1961.]

"Y" SHIPPING CORPORATION, Petitioner-Appellant, v. AGUSTIN BORCELIS, ET AL., Respondents-Appellees.

Bausa, Ampil & Suarez for Petitioner-Appellant.

Ernesto R. Trillo for Respondents-Appellants.


SYLLABUS


1. WORKMEN’S COMPENSATION COMMISSION; ISSUANCE OF WRIT OF EXECUTION; POWER VESTED IN COURTS. — The power given to the Workmen’s Compensation Commission by the Reorganization Acts cannot validly include the power to issue or order a writ of execution by the promulgation of a judgment, because that power is essentially a function of the courts.


D E C I S I O N


BAUTISTA ANGELO, J.:


The present appeal stems from a claim for compensation filed by Agustin Borcelis on March 25, 1957 against "Y" Shipping Corporation before the Workmen’s Compensation Commission for certain injuries suffered by him while in the employ of the latter as a truck driver. The claim not having been controverted, an award was made by the regional administrator ordering the corporation to pay Borcelis the sum of P742.81. Within the reglementary period, however, the corporation filed a petition for review, which was denied by the regional administrator, causing the elevation of the case for review to an associate commissioner. In due time, the latter affirmed the award, whereupon the corporation filed a motion for reconsideration before the Commission en banc; and when the same was denied, it brought the matter before this Court on a petition for certiorari. This petition was dismissed for lack of merit.

On October 13, 1959, pursuant to paragraph 12, article III, of Reorganization Plan No. 20-A, and section 1, Rule II of the Workmen’s Compensation Commission, Commissioner Jose Sanchez issued a writ of execution commanding the enforcement of the award. On December 27, 1959, the corporation filed an urgent motion for the recall of the writ on the ground that the Workmen’s Compensation Commission has no such power, which motion was denied. And when his move to have the order reconsidered failed, the corporation instituted the present petition for prohibition before the Court of First Instance of Manila (Case No. 41965). Contending that the Commission has the power to issue the disputed writ of execution under section 1, Rule 11, of the Workmen’s Compensation Commission, in relation to paragraph 12, article III, of Reorganization Plan No. 20-A, respondents pleaded for the dismissal of the petition. The court found this plea meritorious, and dismissed the petition. Hence, the present appeal.

The only issue raised in this appeal is whether the Workmen’s Compensation Commission can issue a writ of execution to enforce its decisions pursuant to the provisions of Reorganization Plan No. 20-A and the rules and regulations promulgated to implement the same, which issue is now of no moment considering our recent decision in the case of Pastoral v. The Commissioners of the Workmen’s Compensation Commission, Et Al., G.R. No. L-12903 (July 31, 1961) wherein we said in part:jgc:chanrobles.com.ph

"The above legal provisions are clear and unequivocal, both in their language and purpose. The interested party may file in any court of record in the jurisdiction of which the accident occurred, a certified copy of the referee’s or Commissioner’s final decision and the Court will issue a judgment based upon said decision of the referee or Commissioner; and it is this judgment of the court that can be enforced by a writ of execution to be issued by the said court, considering Sec. 8, Rule 39, of the Rules of Court.

x       x       x


"It would appear evident, therefore, that the powers given to the W.C.C. by the Reorganization Acts, cannot validly include the power to amend Sec. 51 of the Workmen’s Compensation Law, heretofore quoted, for to do so would be to diminish the jurisdiction and the judicial power and functions vested by law on the courts of record, by virtue of said section, to issue or order a writ of execution by the promulgation of a judgment, which power or authority the Workmen’s Compensation Commission never had, before the Reorganization Acts had been passed. Where the inquiry to be made involves questions of law as well as facts, where it affects a legal right, and where the decision may result in the terminating or destroying that right, the powers to be exercised and the duties to be discharged are essentially judicial (11 Am. Jur. 904); and being judicial, such powers are granted to or vested upon a court or judicial tribunal (Rhode Island v. Mass. 37 U.S. [12 Peters] 657, 738 L. ed. [U.S. ] 1233, 1266.) and there is no gainsaying the fact, that under this concept, an order for the execution of a decision or award of the Workmen’s Compensation Commission is essentially a judicial power or function of the court."cralaw virtua1aw library

In the light of the foregoing decision, it is clear that the writ of execution issued by the Workmen’s Compensation Commission which is the subject of the present appeal is null and void.

WHEREFORE, the order appealed from is set aside, without costs.

Bengzon, C.J., Padilla, Labrador, Concepcion, Reyes, J.B.L., Paredes, and De Leon, JJ., concur.

Barrera, J., took no part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1961 Jurisprudence                 

  • G.R. No. L-17722 October 9, 1961 - MAURICIO GORDULAN v. CESAREO GORDULAN

  • G.R. No. L-15525 October 11, 1961 - MUNICIPALITY OF LUCBAN v. NAT’L. WATERWORKS & SEWERAGE AUTHORITY

  • G.R. No. L-15959 October 11, 1961 - PEOPLE OF THE PHIL. v. ALFREDO PERALTA, ET AL.

  • G.R. No. L-11870 October 16, 1961 - PEOPLE OF THE PHIL. v. BENITO CRUZ, ET AL.

  • G.R. No. L-17721 October 16, 1961 - GREGORIO APELARIO v. INES CHAVEZ & CO., LTD., ET AL

  • G.R. No. L-5733 October 19, 1961 - NORTHWEST TRACTOR & EQUIPMENT (PHIL.) CORP. v. MORALES SHIPPING CO., INC.

  • G.R. No. L-14957 October 19, 1961 - CO KE TONG v. DIRECTOR OF PRISONS

  • G.R. No. L-16135 October 19, 1961 - NAPOLEON R. MALOLOS v. ANDRES REYES, ETC., ET AL.

  • G.R. No. L-16495 October 19, 1961 - LA MALLORCA-PAMBUSCO v. CIRILO ISIP, ET AL.

  • G.R. No. L-14321 October 20, 1961 - SATURNlNO MOLDERO v. RENEE J. YANDOC, ET AL

  • G.R. No. L-16109 October 20, 1961 - PEOPLE OF THE PHIL. v. ISABELO ALMIREZ

  • G.R. No. L-15108 October 26, 1961 - FORTUNATO F. HALILI v. ELEUTERIO SEMAÑA

  • G.R. No. L-15955 October 26, 1961 - IN RE: NARCISO CHING v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16254 October 26, 1961 - GREGORIO ABING, ET AL. v. AGO AMISTAD, ET AL.

  • G.R. No. L-18275 October 26, 1961 - COTABATO RICE MILL, INC. v. SALAZAR ADAM

  • G.R. No. L-14968 October 27, 1961 - GEORGE MCENTEE v. PERPETUA MANOTOK

  • G.R. No. L-15584 October 27, 1961 - PEOPLE OF THE PHIL. v. PACIFICO PECZON, ET AL.

  • G.R. No. L-16287 October 27, 1961 - JULIAN DE LEMOS v. MANUEL E. CASTAÑEDA, ET AL.

  • G.R. No. L-16492 October 27, 1961 - MARIA SALAO VDA. DE SANTOS v. ESTELITA G. BARRERA, ET AL.

  • G.R. No. L-16504 October 27, 1961 - REPUBLIC OF THE PHIL. v. ERNESTO S. GAMBOA

  • G.R. No. L-16538 October 27, 1961 - "Y" SHIPPING CORP. v. AGUSTIN BORCELIS, ET AL.

  • G.R. No. L-16592 October 27, 1961 - ENRIQUE ICASIANO v. FELISA ICASIANO

  • G.R. No. L-16938 October 27, 1961 - PEOPLE OF THE PHIL. v. RUDY ESCARE

  • G.R. No. L-17055 October 27, 1961 - MANUEL LAO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-17707 October 27, 1961 - MANUEL F. PORTILLO v. LUIS B. REYES, ET AL

  • G.R. No. L-12518 October 28, 1961 - COLLECTOR OF INTERNAL REVENUE v. J.C. YUSECO, ET AL

  • G.R. No. L-14045 October 28, 1961 - PEOPLE OF THE PHIL. v. VIRGILIO C. CABRAL, ET AL

  • G.R. Nos. L-16943-44 October 28, 1961 - PEOPLE OF THE PHIL. v. DAVID DICHUPA

  • G.R. No. L-14150 October 30, 1961 - PEOPLE OF THE PHIL. v. ALEJANDRO CLARIT, ET AL

  • G.R. No. L-15865 October 30, 1961 - PEOPLE OF THE PHIL. v. MARDONIO SURBIDA

  • G.R. No. L-16403 October 30, 1961 - SAN MIGUEL BREWERY, INC. v. JESUS BETIA, ET AL

  • G.R. No. L-17395 October 30, 1961 - ISIDRO DE LEON v. CRISANTO ARAGON, ET AL

  • G.R. No. L-13324 October 31, 1961 - MARCELO CAGUIOA, ET AL. v. BACOLOD-MURCIA FARMERS’ CORP.

  • G.R. No. L-14279 October 31, 1961 - COMMISSIONER OF CUSTOMS, ET AL v. EASTERN SEA TRADING

  • G.R. No. L-14409 October 31, 1961 - AGAPITO FUELLAS v. ELPIDIO CADANO, ET AL.

  • G.R. No. L-14456 October 31, 1961 - PEOPLE OF THE PHIL. v. GALBON IJAD, ET AL

  • G.R. Nos. L-14948 and L-14972 October 31, 1961 - COMMERCIAL UNION ASSURANCE CO., LTD. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-15596 October 31, 1961 - RUFINO M. CORTEZ v. FLORENTINO MANIMBO

  • G.R. No. L-15772 October 31, 1961 - COMMISSIONER OF INTERNAL REVENUE v. CHURCH OF JESUS CHRIST "NEW JERUSALEM"

  • G.R. No. L-15868 October 31, 1961 - PHIL. INTERNATIONAL SURETY CO., INC. v. FAUSTO GONZALES, ET AL.

  • G.R. No. L-15934 October 31, 1961 - CARMEN PLANAS v. COLLECTOR OF INTERNAL REVENUE

  • G.R. No. L-15995 October 31, 1961 - RUFINO DELANTES v. GO TAO & COMPANY

  • G.R. No. L-16031 October 31, 1961 - CONCORDIA CAGALAWAN v. CUSTOMS CANTEEN, ET AL

  • G.R. No. L-16108 October 31, 1961 - IN RE: ELEUTERIA FELISETA TAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16271 October 31, 1961 - ATLANTIC MUTUAL INSURANCE CO. v. MANILA PORT SERVICE, ET AL

  • G.R. No. L-16290 October 31, 1961 - SANTOS TABUENA, ET AL v. COURT OF APPEALS, ETC., ET AL.

  • G.R. No. L-16370 October 31, 1961 - JOSE S. GALVEZ, ET AL v. PLDT COMPANY, ET AL

  • G.R. No. L-16476 October 31, 1961 - LEONCIO KIMPO v. NEMESIO T. TABAÑAR

  • G.R. No. L-16735 October 31, 1961 - FRUCTUOSO ALQUESA, ET AL v. BLAS G. CAVADA, JR., ET AL

  • G.R. No. L-16786 October 31, 1961 - EMILIANO M. PEREZ v. CITY MAYOR OF CABANATUAN

  • G.R. No. L-17072 October 31, 1961 - CRISTINA MARCELO VDA. DE BAUTISTA v. BRIGIDA MARCOS, ET AL

  • G.R. No. L-17186 October 31, 1961 - GSIS v. COURT OF INDUSTRIAL RELATIONS, ET AL

  • G.R. No. L-17384 October 31, 1961 - NESTOR RIGOR VDA. DE QUIAMBAO, ET AL. v. MANILA MOTOR CO., INC., ET AL

  • G.R. No. L-17953 October 31, 1961 - LESLIE H. BROWN, ET AL v. SALUD Q. BROWN, ET AL