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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
 

   
February-1997 Jurisprudence                 

  • G.R. No. 99039 February 3, 1997 - FORD PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100748 February 3, 1997 - JOSE BARITUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108547 February 3, 1997 - FELICIDAD VDA. DE CABRERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112761-65 February 3, 1997 - PEOPLE OF THE PHIL. v. PORFERIO M. PEPITO

  • G.R. No. 114183 February 3, 1997 - PEOPLE OF THE PHIL. v. JESUS BORJA

  • G.R. No. 119310 February 3, 1997 - JULIETA V. ESGUERRA v. COURT OF APPEALS, ET AL.

  • G.R. No. 119935 February 3, 1997 - UNITED SOUTH DOCKHANDLERS, INC. v. NLRC, ET AL.

  • G.R. No. 122156 February 3, 1997 - MANILA PRINCE HOTEL v. GSIS, ET AL.

  • G.R. No. 123332 February 3, 1997 - AUGUSTO GATMAYTAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 118915 February 4, 1997 - CAPITOL MEDICAL CENTER-ACE-UFSW v. BIENVENIDO LAGUESMA, ET AL.

  • Adm. Matter No. P-94-1110 February 6, 1997 - MELENCIO S. SY v. CARMELITA S. MONGCUPA

  • Adm. Matter No. P-96-1203 February 6, 1997 - ERNESTO A. REYES v. NORBERTO R. ANOSA

  • G.R. No. 110668 February 6, 1997 ccc zz

    SMITH, BELL & CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111682 February 6, 1997 - ZENAIDA REYES v. COURT OF APPEALS, ET AL.

  • G.R. No. 117982 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 118843 February 6, 1997 - ERIKS PTE. LTD. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118950-54 February 6, 1997 - PEOPLE OF THE PHIL. v. LUCRECIA GABRES

  • G.R. No. 119322 February 6, 1997 - COMMISSIONER OF INTERNAL REVENUE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 98252 February 7, 1997 - PEOPLE OF THE PHIL. v. RENE JANUARIO, ET AL.

  • G.R. No. 110391 February 7, 1997 - PEOPLE OF THE PHIL. v. DOLORES DE LEON

  • G.R. No. 112191 February 7, 1997 - FORTUNE MOTORS (PHILS.) CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112714-15 February 7, 1997 - PEOPLE OF THE PHIL. v. ANTONIO SAGARAL

  • G.R. No. 117472 February 7, 1997 - PEOPLE OF THE PHIL. v. LEO ECHEGARAY

  • G.R. No. 119657 February 7, 1997 - UNIMASTERS CONGLOMERATION, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 119772-73 February 7, 1997 - PEOPLE OF THE PHIL. v. NIGEL RICHARD GATWARD

  • G.R. No. 125249 February 7, 1997 - JIMMY S. DE CASTRO v. COMELEC, ET AL.

  • Adm. Matter No. P-95-1161 February 10, 1997 - JESUS N. BANDONG v. BELLA R. CHING

  • G.R. No. 108894 February 10, 1997 - TECNOGAS PHIL. MFG. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109887 February 10, 1997 - CECILIA CARLOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 117702 February 10, 1997 - PEOPLE OF THE PHIL. v. CRISPIN YPARRAGUIRRE

  • G.R. No. 124553 February 10, 1997 - ROSARIO R. TUASON v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-95-1070 February 12, 1997 - MARIA APIAG, ET AL. v. ESMERALDO G. CANTERO

  • Adm. Matter No. P-87-100 February 12, 1997 - FELISA ELIC VDA. DE ABELLERA v. NEMESIO N. DALISAY

  • Adm. Matter No. P-96-1231 February 12, 1997 - ISAIAS P. DICDICAN v. RUSSO FERNAN, JR., ET AL.

  • G.R. No. 68166 February 12, 1997 - HEIRS OF EMILIANO NAVARRO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 104666 February 12, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO OMBROG

  • G.R. No. 115129 February 12, 1997 - IGNACIO BARZAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116511 February 12, 1997 - PEOPLE OF THE PHIL. v. COLOMA TABAG, ET AL.

  • G.R. No. 118025 February 12, 1997 - PEOPLE OF THE PHIL. v. REBECCO SATOR

  • G.R. No. 120769 February 12, 1997 - STANLEY J. FORTICH v. COURT OF APPEALS, ET AL.

  • G.R. No. 125531 February 12, 1997 - JOVAN LAND v. COURT OF APPEALS, ET AL.

  • G.R. No. 126013 February 12, 1997 - HEINZRICH THEIS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 107554 February 13, 1997 - CEBU INT’L. FINANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108763 February 13, 1997 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112968 February 13, 1997 - PEOPLE OF THE PHIL. v. ARSENIO LETIGIO

  • G.R. No. 114144 February 13, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO ABAD

  • G.R. Nos. 114711 & 115889 February 13, 1997 - GARMENTS and TEXTILE EXPORT BOARD v. COURT OF APPEALS, ET AL.

  • G.R. No. 122728 February 13, 1997 - CASIANO A. ANGCHANGCO v. OMBUDSMAN, ET AL.

  • Adm. Matter No. RTJ-96-217 February 17, 1997 - MANUEL F. CONCEPCION v. JESUS V. AGANA, ET AL.

  • Adm. Matter No. RTJ 97-1369 February 17, 1997 - OCTAVIO DEL CALLAR v. IGNACIO L. SALVADOR, ET AL.

  • G.R. Nos. 103501-03 & 103507 February 17, 1997 - LUIS A. TABUENA v. SANDIGANBAYAN, ET AL.

  • G.R. No. 119247 February 17, 1997 - CESAR SULIT v. COURT OF APPEALS, ET AL.

  • G.R. No. 119536 February 17, 1997 - GLORIA S. DELA CRUZ v. NLRC, ET AL.

  • G.R. No. 121017 February 17, 1997 - OLIVIA B. CAMANAG v. JESUS F. GUERRERO, ET AL.

  • G.R. No. 122165 February 17, 1997 - ALA MODE GARMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 123823 February 17, 1997 - MODESTO G. ESPAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 96249 February 19, 1997 - PEOPLE OF THE PHIL. v. ALIPIO QUIAMCO, ET AL.

  • G.R. No. 114396 February 19, 1997 - PEOPLE OF THE PHIL. v. WILLIAM ROBERT BURTON

  • G.R. No. 118140 February 19, 1997 - PEOPLE OF THE PHIL. v. DANTE PIANDIONG, ET AL.

  • G.R. No. 121084 February 19, 1997 - TOYOTA MOTOR PHILS. CORP. v. TOYOTA MOTOR PHILS. CORP. LABOR UNION, ET AL.

  • G.R. No. 107916 February 20, 1997 - PERCIVAL MODAY, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112288 February 20, 1997 - DELSAN TRANSPORT LINES, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-94-1034 February 21, 1997 - LEWELYN S. ESTRELLER v. SOFRONIO MANATAD, JR.

  • G.R. No. 73399 February 21, 1997 - PEOPLE OF THE PHIL. v. RAMON ABEDES

  • G.R. No. 117394 February 21, 1997 - HINATUAN MINING CORP. v. NLRC, ET AL.

  • A.M. No. SDC-97-2-P February 24, 1997 - SOPHIA ALAWI v. ASHARY M. ALAUYA

  • G.R. No. 110427 February 24, 1997 - CARMEN CAÑIZA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-94-1195 February 26, 1997 - ROMEO NAZARENO, ET AL. v. ENRIQUE M. ALMARIO

  • G.R. No. 94237 February 26, 1997 - BUILDING CARE CORP. v. NLRC, ET AL.

  • G.R. No. 105294 February 26, 1997 - PACITA DAVID-CHAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 107671 February 26, 1997 - REMMAN ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. No. 109849 February 26, 1997 - MAXIMINO FUENTES v. COURT OF APPEALS, ET AL.

  • G.R. No. 110098 February 26, 1997 - PEOPLE OF THE PHIL. v. BUENAFE AZUGUE

  • G.R. No. 111538 February 26, 1997 - PARAÑAQUE KINGS ENTERPRISES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116033 February 26, 1997 - ALFREDO L. AZARCON v. SANDIGANBAYAN, ET AL.

  • G.R. No. 123404 February 26, 1997 - AURELIO SUMALPONG v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1368 February 27, 1997 - ERNESTO RIEGO, ET AL. v. EMILIO LEACHON, JR.

  •  





     
     

    G.R. No. 124553   February 10, 1997 - ROSARIO R. TUASON v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 124553. February 10, 1997.]

    ROSARIO R. TUASON, Petitioner, v. HON. COURT OF APPEALS, and EMILIO R. TUASON, Respondents.

    Trinidad Reverente Makalintal and Bernabe Law Office for Petitioner.

    Chavez Laureta & Associates for Private Respondent.


    SYLLABUS


    REMEDIAL LAW; CIVIL ACTIONS; SUMMONS; VOLUNTARY APPEARANCE EQUIVALENT TO SERVICE. — There is sufficient basis to establish that the trial court has validly acquired jurisdiction over the person of private respondent Emilio Tuason. The records show that private respondent did voluntarily submit himself to the court’s jurisdiction. Several pleadings have been filed by him that, in fact, accounted for a number of interlocutory orders issued by the trial court. In not a single instance, did private respondent appear to have seriously objected to the jurisdiction of the court. Voluntary appearance could cure a defect in the service of summons.


    D E C I S I O N


    VITUG, J.:


    Petitioner Rosario Tuason, mother of private respondent Emilio R. Tuason, filed, on 21 November 1991, with the Regional Trial Court of Quezon City a petition, docketed Case No. Q-91-10677, for the confinement and treatment of Emilio at the Medical City General Hospital on account of his being a drug dependent. The trial court, acting on the petition, directed the confinement of Emilio at the hospital. About three months later, or on 11 February 1992, Rosario initiated, in SP Proc. M-3051, guardianship proceedings over the person and estate of her son. Corresponding letters of guardianship were forthwith issued in favor of petitioner.

    On 06 June 1994, on motion of private respondent Emilio who claimed to have been freed from drug dependence, the trial court dismissed Case No. Q-91-10677. Emilio then filed, on 28 October 1990, a Manifestation and Motion in SP Proc. No. M-3051 asking for the termination of his guardianship or, in the alternative, for the appointment of Mrs. Milagros Balatbat, in lieu of petitioner, as guardian. The motion was denied by the trial court which, later, also rejected a reconsideration thereof.

    Private respondent went up to the Court of Appeals on a petition for certiorari. The petition was followed by an exchange of pleadings. In his reply to petitioner’s comment, private respondent zeroed in on the nullity of the court’s ruling in SP Proc. Case No. M-3051 for alleged lack of jurisdiction. He averred that the guardianship proceedings were null and void, asseverating that the Sheriffs Return, dated 14 February 1991, indicated that copies of the petition and the order setting the case for hearing on 20 February 1992 had been served not on private respondent personally but on the Director of Medical City General Hospital. Private respondent disclaimed having been aware of the petition. In a decision, dated 22 November 1995, the appellate court found the petition meritorious and declared the appealed judgment null and void.

    We find merit in the instant petition.

    There is sufficient basis to establish that the trial court has validly acquired jurisdiction over the person of private respondent Emilio Tuason. The records show that private respondent did voluntarily submit himself to the court’s jurisdiction. Several pleadings have been filed by him that, in fact, accounted for a number of interlocutory orders issued by the trial court; viz:chanrob1es virtual 1aw library

    1) Order, dated 14 March 1994, ruling on Emilio R. Tuason’s "Motion to Remove Guardianship" (Certified True Copy, Rollo, p. 38);

    2) Order, dated 28 November 1994 ruling on Emilio R. Tuason’s Urgent Omnibus Motion (Certified True Copy, Rollo, pp. 39-41);

    3) Order, dated 21 December 1994 ruling on Emilio R. Tuason’s Urgent Motion for the Issuance of Temporary Restraining Order and/or Injunction (Certified True Copy, Rollo, p. 42);

    4) Order, dated 26 December 1994, resetting the case for presentation of evidence anent Emilio R. Tuason’s application for injunction (Certified True Copy, Rollo, p. 43);

    5) Order, dated 15 March 1995, denying Emilio R. Tuason’s Motion for Reconsideration (Certified True Copy, Rollo, p. 44); and

    6) Order, dated 25 July 1996, setting the hearing for Emilio R. Tuason’s motion for a restraining order or preliminary injunction and granting him twenty (20) days temporary restraining order (Certified True Copy, Rollo, p. 45).chanrobles.com : virtual lawlibrary

    In not a single instance, in the foregoing incidents, did private respondent appear to have seriously objected to the jurisdiction of the court.

    Voluntary appearance could cure a defect in the service of summons. In La Naval Drug Corporation v. Court of Appeals 1 this Court has ruled:jgc:chanrobles.com.ph

    "The lack of jurisdiction over the person of the defendant may be waived either expressly or impliedly. When a defendant voluntarily appears, he is deemed to have submitted himself to the jurisdiction of the court. If he so wishes not to waive this defense, he must do so seasonably by motion for the purpose of objecting to the jurisdiction of the court; otherwise, he shall be deemed to have submitted himself to that jurisdiction. The decisions promulgated heretofore by this Court would likewise seemingly apply estoppel to bar the defendant from pursuing that defense by alleging in his answer any other issue for dismissing the action.

    "A citation of a few of our decisions might be apropos.

    "In Wang Laboratories, Inc. v. Mendoza (156 SCRA 44), this Court has ruled that if the defendant, besides setting up in a motion to dismiss his objection to the jurisdiction of the court, alleges at the same time any other ground for dismissing the action, he is deemed to have submitted himself to the jurisdiction of the court. In the process, it has equated the matter to a situation where, such as in Immaculata v. Judge Navarro, Et. Al. (146 SCRA 5), the defendant invokes an affirmative relief against his opponent.

    x       x       x


    "When the appearance is by motion for the purpose of objecting to the jurisdiction of the court over the person, it must be for the sole and separate purpose of objecting to the jurisdiction of the court. If his motion is for any other purpose than to object to the jurisdiction of the court over his person, he thereby submits himself to the jurisdiction of the court. A special appearance by motion made for the purpose of objecting to the jurisdiction of the court over the person will be held to be a general appearance, if the party in said motion should, for example, ask for a dismissal of the action upon the further ground that the court had no jurisdiction over the subject matter. (Syllabus, Flores v. Zurbito, supra, at page 751. That rule was followed in Ocampo v. Mina and Arejola, 41 Phil. 308)." 2

    The case of Yangco v. CFI of Manila, 3 cited by the appellate court, is not really in point. The petitioner therein, Yangco, did not seek any affirmative relief, instantly taking, instead, an exception from the trial court’s jurisdiction over his person. In the case at bench, Rule 15, Section 23, of the Rules of Court —

    "Sec. 23. What is equivalent to service. — The defendant’s voluntary appearance in the action shall be equivalent to service." —

    is clearly applicable.

    WHEREFORE, the petition is GRANTED, and the questioned decision of the Court of Appeals is REVERSED and SET ASIDE. All orders made and entered by the trial court are REINSTATED, and the case is REMANDED thereto for further proceedings. No costs.

    SO ORDERED.

    Padilla, Bellosillo, Kapunan and Hermosisima, Jr., JJ., concur.

    Endnotes:



    1. 236 SCRA 78.

    2. At pp. 86-87.

    3. 29 Phil. 183.

    G.R. No. 124553   February 10, 1997 - ROSARIO R. TUASON v. COURT OF APPEALS, ET AL.


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