CHAN ROBLES AND ASSOCIATES LAW FIRM - Welcome to the Home of the Philippine On-Line Legal Resources
 
 Philippine Supreme Court Decisions On-Line
ON-LINE
 
Sponsored by:  The ChanRobles LawNet





Search www.chanrobles.com

Google
 
Web www.chanrobles.com

.

THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE
 Philippines      |       Worldwide      |      The Business Page

 
 
Republic of the Philippines
SUPREME COURT
EN BANC
 
 

GREGORIO ATIENZA, ET AL.,
                             Petitioners,

G. R. Nos. L-20028 & L-20029
April 30, 1966
              -versus-
 
 
HONORABLE COURT OF AGRARIAN RELATIONS,
ETC., ET AL.,
                                                         Respondents.
 
 
R E S O L U T I O N

BENGZON, C.J.:
 
Petition for Review on Certiorari.
 
Before the Court of Agrarian Relations, Fifth Regional District, forty-four share-tenants of the Ascue spouses claimed for the refund of certain amounts which the spouses had deducted from the said tenant's share as hauling expenses of the sugar-cane produced in their landholdings to the Central Azucarera Don Pedro.
 
The issue was submitted for decision upon a stipulation of facts "and of all other facts admitted in the pleadings and in the previous hearings upon submission of itemized list of additional hauling expenses charged."
 
Such hauling expenses [one-half] had been charged against the share-tenants as part of the expenses of production, the spouses having shouldered the other half. And the payment of such expenses resulted from an agreement which the spouses had with Central Azucarera Don Pedro.
 
The share-tenants object to paying such expenses because, they argue, they were not parties to agreement with the Central Azucarera.
 
The Court found, and so declared, that under the circumstances, the share-tenants were represented by the spouses in their dealings with the Central Azucarera. Wherefore, the Court denied the claims for refund. Hence, this appeal by the tenants by way of certiorari.
 
In their Petition for Certiorari, they assert that they had established by their evidence that the agreement between them and the spouses was that all the expenses of hauling the sugar-cane, shall be for the exclusive account of the spouses [p. 4 petition]. And they cite pages of the stenographic note and the testimony of Nicholas Endoso [p. 2, memo of petitioners], on the alleged verbal agreement to that effect. Other factual issues are raised, which it is not now necessary to enumerate.
 
WHEREFORE, as the matter involves questions of fact, and the monetary demand amounts to about five thousand pesos only [p. 8, Petition], this record is referred to the Court of Appeals for decision, under the provision of Sec. 156 of the Land Reform Code [Republic Act 3844]. So ordered.
 
Justices Bautista Angelo, J.B.L. Reyes, Dizon, Regala, Makalintal, J.P. Bengzon, Zaldivar and Sanchez, JJ., concur.

Messrs. Justices Concepcion and Barrera took no part.


 
 
 Back to Top   -   Back to Main Index   -   Back to Table of Contents -1966 SC Decisions   -   Back to Home
 
 
 CRALAW SEARCH ENGINE
Search the Chan Robles Virtual Law Library
The Home of the Philippine On-Line Legal Resources
 
.





.


THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE
 Philippines    |    Worldwide    |    The Business Page
 
.

 Copyright © 1998-2006 by 
ChanRobles Publishing Company 
 All Rights Reserved 
A production of The ChanRobles Group
Questions and comments mailto: 
cralaw@chanrobles.com or red@chanrobles.com
Designed & Maintained by: 
   Harvard Computer Systems, Inc. 

Since 19.07.98.






.