Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1909 > February 1909 Decisions > G.R. No. 4891 March 23, 1909 - SOFIA DEVESA v. CRISPIN ARBES

013 Phil 273:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 4891. March 23, 1909. ]

SOFIA DEVESA, Plaintiff-Appellee, v. CRISPIN ARBES, Defendant-Appellant.

Leocadio Joaquin, for Appellant.

Sofia Devesa, on her own behalf.

SYLLABUS


1. INJUNCTIONS; SPECIAL REMEDY OF THE CODE OF CIVIL PROCEDURE DISTINGUISHED FROM THE OLD SPANISH WRITS. — Injunctions or interdictos prohibitorios, for the issuance of which provision is made in the new Code of Civil Procedure, while they resemble the interdictal actions of the Spanish procedural law in some respects, are wholly distinct therefrom and, as a rule, the circumstances under which, in accordance with the Spanish law, interdictos de adquirir, de retener, de recobrar or de despojo properly issued would not justify nor sustain the issuance of an injunction, interdicto prohibitorio, as defined and provided in the new Code of Civil Procedure.

2. ID.; LIMITATION UPON USE OF WRITS OF INJUNCTION. — An injunction is a special remedy contained in the new Code of Civil Procedure and adopted from American and English law of procedure, and the accepted American doctrine limiting its use to cases where there is no other adequate remedy, and otherwise controlling the issue thereof, must be deemed to limit its use in like manner in this jurisdiction.

3. ID.; WRITS NOT AVAILABLE FOR RECOVERY OF PROPERTY WHEN TITLE IS NOT ESTABLISHED. — Injunctions, as a rule, will not be granted to take property out of the possession or control of one party and place it into that of another whose title has not clearly been established by law.

4. ID.; SPANISH WRITS REPLACED BY SPECIAL REMEDIES. — The interdicto de recobrar or de despojo may be said have been replaced and perhaps abrogated by the summary remedies prescribed in section 80 of the new Code of Civil Procedure.

5. ID.; PROPERTY CLAIMS AGAINST ADMINISTRATOR REQUIRE SEPARATE ACTION. — Contested claims of an administrator, that certain rights of possession and ownership are the property of the estate which he represents, must be determined in a separate action, and not in the course of the administration proceedings.


D E C I S I O N


CARSON, J. :


Plaintiff alleging that the defendant, acting as administrator of the estate of Gregoria Arbes, deceased, had unlawfully taken possession of certain rice lands and coconut groves, the property of the plaintiff, prayed for an injunction restraining defendant from continuing in possession and enjoying the fruits of the land in question until and unless he obtained a final judgment in a proper action declaring these lands to be the property of the estate of which he is administrator, and prayed further that a preliminary injunction be issued restraining defendant from continuing in possession or enjoying the fruits of the land in question pending the trial of the cause.

The complaint alleges that the property in question was assigned to plaintiff’s deceased husband under the terms of an extrajudicial partition contract executed in the year 1887 by the heirs of Gregoria Arbes, plaintiff’s husband’s first wife, and that ever since that date until the defendant took possession of this land, plaintiff and her husband had continued in the quiet, peaceable, and exclusive possession thereof. The trial court, apparently without giving the defendant are opportunity to be heard, granted the preliminary injunction prayed for, conditioned upon the execution of a bond for costs and damages, whereupon the defendant presented a motion which though irregular in form may fairly be regarded as a demurrer to the complaint on the ground that the facts alleged do not constitute a cause of action, and prayed that the preliminary injunction be dissolved.

The trial court overruled the demurrer and declined to dissolve the preliminary injunction, and defendant without excepting to the ruling of the court withdrew his motion and filed answer. In this answer defendant admitted having taken possession of the land in question, as alleged by the plaintiff, but denied plaintiff’s allegation that she and her husband had been in the exclusive possession thereof, and alleged that the land in question was the property of Gregoria Arbes, deceased, of whose estate he is the administrator, and that after the death of Gregoria Arbes, it passed pro indiviso to her heirs, who from the time of her death continued in joint possession thereof, until he took possession upon his appointment as administrator; he also alleged that one of the heirs, Vicente Sola, widower of Gregoria Arbes, deceased, married the plaintiff; that plaintiff’s claim to an interest in the property in question is or should be strictly limited to the interest which she is entitled to take from her husband, since deceased; and that while it is true that she and her husband exercised certain rights of possession of the land in question, they never had exclusive possession, and such rights of possession as they did exercise were exercised not only on their own behalf but on behalf of all the heirs of Gregoria Arbes.

Upon these pleadings the parties went to trial, and plaintiff introduced evidence tending to prove that the land in question was originally the property of her husband, Vicente Sola, acquired by him, not from his first wife, Gregoria Arbes, but by purchase, in part prior to, and in part after his marriage with the first wife; she also introduced in evidence a document, dated January 31, 1887, purporting to be a partition agreement between her husband Sola, and the other heirs of Gregoria Arbes who died a short time prior to the execution of the instrument, whereby the land in question was assigned to Sola as his property. Plaintiff further introduced testimony which clearly established her allegation that from the date of that instrument until the time when defendant took possession of the land, she and her husband had the exclusive possession thereof.

Defendant did not deny the execution of the partition agreement, and wholly failed to prove that the land in question was or is a part of the estate of Gregoria Arbes, deceased, or to established his allegation that plaintiff and her husband were not in the exclusive possession of the land in question from the date of its execution to the time when he took possession as administrator, or that they held possession thereof jointly with the other heirs of Gregoria Arbes. He insisted, however, that the agreement was not binding upon the heirs of Gregoria Arbes, because at the date of its execution two of them, a niece and a nephew, were minors and incapable of executing such a document, although it appears that they were represented upon that occasion by their respective fathers who married sisters of Gregoria Arbes, and signed the instrument as the legal representatives of these minor heirs.

The trial court on the pleadings and proof submitted at the trial found that the plaintiff was entitled to the possession of the land in question, and rendered final judgment in accordance with the prayer of the complaint, granting a final injunction perpetually restraining the defendant administrator from continuing in possession of the land in question or enjoying the fruits thereof.

We are in entire accord with the trial judge as to his findings of fact, and agree with him that the evidence of record establishes plaintiff’s right of possession in and to the lands in question: for without deciding whether the extrajudicial partition agreement between the heirs of Gregoria Arbes, deceased, executed in 1887, conveyed to plaintiff’s deceased husband the absolute right of ownership in the land assigned to him thereby; or whether that agreement, which was executed before the present Code of Civil Procedure went into effect, can be successfully attacked at this time by the minor heirs, because of the apparent lack of judicial approbation of the action of their legal representatives; it is sufficient, for the purposes of this decision, to point out that plaintiff, and her husband having been in exclusive possession of this land, under a claim based on the partition agreement, for more than fifteen years, the defendant, in his capacity of administrator, had no lawful authority to take possession thereof without plaintiff’s consent, in the absence of a final judgment of a competent court securing to him his alleged right of possession; and that defendant having failed to prove that the estate of which he is administrator is the true owner of all or any part of the land in question, the plaintiff is entitled to be replaced in possession.

We are of opinion, however, that the remedy by injunction sought by the plaintiff and allowed by the trial court was not the proper remedy for the cause of action set out in the pleadings and established by the evidence, and that, in accordance with the provisions of section 126 of the Code of Civil Procedure, the court should have granted "relief consistent with the case made by the complaint and supported by the evidence and embraced within the issue," and to that end should have required an amendment of the complaint by striking out the prayer for an injunction and substituting therefor a prayer for judgment for possession of the land described in the complaint, and upon the complaint thus amended, judgment should have been rendered in favor of the plaintiff.

Both the parties to this action appear to have labored under a misapprehension as to the purpose, scope, and limitations of the special remedy, known as an injunction, and defined in section 162 of the Code of Civil Procedure. The records in many cases in this court disclose a considerable degree of doubt and uncertainty in the minds of counsel as to the function of this remedy, and in some cases a wholly erroneous concept of the purpose and object for which it is provided. This erroneous concept may, perhaps, be due to the fact that in the Spanish version of the new Code of Civil Procedure, the term injunction is translated interdicto prohibitorio, which may thus have given rise to the impression that the remedy by injunction is similar in character to the summary interdictal actions of the Spanish procedural law; but while the injunction resembles in many respects the interdicto of the Roman law, especially the decretal (decretale, quod praetor re nata implorantibus decrevit), and while it also resembles to a certain degree in its operation and effect, the interdictos de adquirir, de retener, and de recobrar or de despojo of the Spanish procedural law; nevertheless, it is wholly distinct therefrom, and, as a rule, the circumstances under which, in accordance with the former procedural law, these interdictos properly issued, would not justify nor sustain the issuance of an injunction, as defined and provided in the new Code of Civil Procedure. An injunction is a "special remedy" adopted in that code from American practice, and originally borrowed from English legal procedure, which was there issued by the authority and under the seal of a court of equity, and limited, as in other cases where equitable relief is sought, to cases where there is no "plain, adequate, and complete remedy at law" (30 Barb., 549; 5 R. I., 472; 121 N. Y., 46; SI Pa., 387; 32 Ala., N.S. 723; 37 N. H., 254; 61 Hun., 140: 145 U. S., 459; 141 Ill., 572; 49 Fed. Rep., 517; 37 id., 67; 34 id., 357; 129 Md., 464; 109 N. C., 21; 83 Wis., 426: 115 Mo., 613), which "will not be granted while the rights between the parties are undetermined, except in extraordinary cases where material and irreparable injury will be done," which can not be compensated in damages, and where there will be no adequate remedy 93 Bosw., 60; 1 Beasl., 247, 542; 15 Md., 22; 13 Cal., 156, 190; 6 Wis., 680: 16 Tex., 410; 28 Mo., 210; 24 Fla., 542; 39 N. H., 182: 12 Cush., 410; 27 Ga., 499; 1 McAll., 271; 54 Fed. Rep., 1005; 64 Vt., 643), and which will not, as a rule, be granted, to take property out of the possession of one party and put it into that of another whose title has not been established by law. (144 U. S., 119; 40 W. N. C. Pa., 121.)

This court has frequently held, when treating of the special remedies by injunction, mandamus and prohibition, which are provided in the new Code of Procedure in Civil Cases, that the accepted American doctrine limiting the use of these remedies to cases where there is no other adequate remedy, and otherwise controlling the issuance of these writs, and must be deemed to limit their use in like manner in this jurisdiction, when not otherwise provided by law: to hold otherwise would be to render practically of no effect the various provisions of the code touching many if not most of the ordinary actions, and the enforcement of judgment in such actions; for it may well be supposed that if a complainant could secure relief by injunction in every case where "the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act probably in violation of the plaintiff’s rights" and could enforce the judgment granting the injunction by the summary contempt proceedings authorized in section 172 of the code to punish violations of injunctions, he would seldom elect to enforce his rights in such cases by the ordinary remedies, involving as they do the difficult and of times fruitless labor of enforcing judgments obtained therein by execution. But so many cases have come before us where preliminary injunctions have been issued apparently without regard to this rule, that we are satisfied that the erroneous impression still prevails, in some quarters, that a preliminary injunction must issue where a prima facie showing is made of the existence of the circumstances under which such injunctions may be granted as set out in section 164 of the Code of Civil Procedure, without keeping in mind the fact that applications for injunctions are made to the sound discretion of the court, and that the exercise of that discretion is controlled by the accepted doctrines touching the granting of injunctions in such cases; and we may add that the records also disclose in dangerous tendency to grant permanent injunctions on insufficient grounds, as a result of a similar erroneous construction of the provisions of the code in that regard.

No brief was filed by plaintiff on appeal, and the contentions of the parties in the court below are not very clearly set out in the very short brief of the defendant and Appellant. It appears, however, that defendant challenged the jurisdiction of the trial court, on the ground that the summary interdictal actions of the Spanish procedural law have been done away with by the provisions of the new Code of Procedure in Civil Cases, the interdicto de recobrar or de despojo having been expressly displaced by the summary remedies prescribed in section 80 of the new code, for the recovery of lands or buildings of which one is deprived by force, intimidation, fraud, or strategy within a year prior to the institution of the action; and defendant insists that the action instituted by plaintiff, while in form a proceeding praying for an injunction under the new code, assimilated to the former proceeding praying for an interdicto de recobrar or de despojo, is in fact an action which could only be maintained under the provisions of section 80 of the new code, of which original jurisdiction is conferred upon the courts of the justice of the peace, exclusive of the Court of First Instance. Plaintiff and appellee on the other hand seems to have insisted that the injunction proceedings instituted by her were assimilated rather to the summary action known as the interdictor de retener and that the facts alleged and proven establishing her right to an interdicto de retener, under the old law, she is entitled to an injunction under the new code, that remedy being the equivalent provided by the new code for the interdicto of the old law.

But while we agree with defendant and appellant that the summary remedies provided in section 80 may be said to replace and perhaps abrogate the old interdicto de recobrar or de despojo, and that if the facts alleged and proven made out a cause of action under that section and, therefore, within the exclusive jurisdiction of the court of the justice of the peace, it would be necessary to hold that the trial court was wholly without original jurisdiction; and while we can not agree with the plaintiff and appellee that the facts set out in the pleadings and evidence would support the issuance of an interdicto de retener, even under the former procedure, because possession of the land and buildings had been actually lost to plaintiff when the action was instituted, nor can we agree with her that even if a proper case for the granting of an interdicto de retener under the old procedure had been established, it necessarily follows that an injunction should issue under the new procedure; and without deciding whether all the summary interdictal remedies of the Spanish law have been wholly and in all cases abolished under the provisions of the new code, it is sufficient for the purpose of this decision to hold that since there is nothing in the allegations or proof to show that defendant obtained possession of the land in question by force, intimidation, fraud, or strategy, the action is not in the nature of the summary remedy known to the old law as an interdicto de recobrar or de despojo, nor is it the summary remedy of forcible entry and wrongful detainer provided in section 80 of the new code, and therefor it does not fall within the exclusive jurisdiction of the court of the justice of the peace, to the exclusion of the Court of First Instance, which tried the case.

What has been said disposes of all the errors assigned by appellant, except his assignment of error based on his contention that the administrator having taken possession as an officer of the court wherein the estate was being administered, his conduct in that regard should not be questioned, except in the course of the administration proceedings.

We have frequently held that a contested claim of an administrator that certain rights of possession and ownership are the property of the estate which he represents must be determined in a separate action, and not in the course of the administration proceedings; and it should not be necessary to add that the mere fact that an administrator holds letters of appointment from some court, in nowise authorizes him to take possession of property held by another under a claim of a right to possession until and unless he successfully establishes his right to possession of such property in a proper proceeding in a competent court.

Ten days from the date of this decision let judgment be entered, reversing the judgment of the trial court and dissolving the preliminary and permanent injunctions issued therein, without costs to either party in this instance, and ten days thereafter let the record be returned to the court below where, upon the amendment of the complaint along the lines therein indicated, judgment will be rendered in favor of the plaintiff for the possession of the lands described in the complaint, together with the costs in the Court of First Instance, but without damages, which were not satisfactorily established by the evidence of record. So ordered.

Arellano, C.J., Torres and Johnson, JJ., concur.

Willard, J., concurs in the result.




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  • G.R. No. 4922 April 12, 1909 - UNITED STATES v. EULOGIO REYES CARRILLO

    013 Phil 479

  • G.R. No. 4502 April 13, 1909 - LA COMPANIA GENERAL DE TABACOS DE FILIPINAS v. ROMANA GANZON

    013 Phil 481

  • G.R. No. 3075 April 14, 1909 - ROMAN CATHOLIC APOSTOLIC CHURCH v. PROVINCE OF OCCIDENTAL NEGROS

    013 Phil 486

  • G.R. No. 4394 April 19, 1909 - FRANCISCO T. FIGUERAS v. ROCHA & CO.

    013 Phil 504

  • G.R. No. 4704 April 26, 1909 - UNITED STATES v. JOAQUIN GIL

    013 Phil 530

  • G.R. No. 4999 May 13, 1909 - UNITED STATES v. MELECIO VARGAS

    013 Phil 554

  • G.R. No. 4895 June 15, 1909 - GOVERNMENT OF THE PHIL. v. W. O. BINGHAM, ET AL.

    013 Phil 558

  • G.R. No. 4773 July 13, 1909 - MANILA BUILDING and LOAN ASSOCIATION, ET AL.

    013 Phil 575

  • G.R. No. 4960 July 17, 1909 - UNITED STATES v. CIRIACO HERRERA

    013 Phil 583

  • G.R. No. 4290 July 21, 1909 - ROBERT V. DELL v. MANILA ELECTRIC RAILROAD AND LIGHT COMPANY

    013 Phil 585

  • G.R. No. 4881 July 24, 1909 - JOSE LIM v. DOMINGO LIM

    013 Phil 605

  • G.R. No. 1917 July 26, 1909 - CATALINIBALDERAMA v. LA COMPANIA GENERAL DE TABACOS DE FILIPINAS, ET AL.

    013 Phil 609

  • G.R. No. 5190 July 28, 1909 - UNITED STATES v. JOSE CONSUELO

    013 Phil 612

  • G.R. No. 5109 July 31, 1909 - UNITED STATES v. PEDRO BARBICHO

    013 Phil 616

  • G.R. No. 2905 August 3, 1909 - LA VIUDA DE SOLER v. AURELIO RUSCA.

    013 Phil 622

  • G.R. No. 3228 August 3, 1909 - UNITED STATES ET AL. v. WENCESLAO MERCADO, ET AL.

    013 Phil 624

  • G.R. No. 4163 August 4, 1909 - ED BANCO ESPAÑOL-FILIPINO v. FULGENCIO TAN-TONGCO, ET AL.

    013 Phil 628

  • G.R. No. 2894 August 5, 1909 - JOSE LASERNA TUPAZ v. RAFAEL LOZADA

    013 Phil 654

  • G.R. No. 5114 August 5, 1909 - UNITED STATES v. BARTOLOME ARREGLADO

    013 Phil 660

  • G.R. No. 2085 August 10, 1909 - TIBURCIO SAENZ v. FIGUERAS HERMANOS

    013 Phil 666

  • G.R. No. 5154 August 12, 1909 - UNITED STATES v. PEDRO SUPILA

    013 Phil 671

  • G.R. No. 3666 August 17, 1909 - CITY OF MANILA v. FRANCISCO GAMBE

    013 Phil 677

  • G.R. No. 5184 August 17, 1909 - UNITED STATES v. PLATON IBAÑEZ

    013 Phil 686

  • G.R. No. 343 August 18, 1909 - UNITED STATES v. DANIEL RIOTA, ET AL.

    014 Phil 1

  • G.R. No. 4378 August 18, 1909 - CHAN KEEP, ET AL. v. LEON CHAN GIOCO, ET AL.

    014 Phil 5

  • G.R. No. 4507 August 18, 1909 - MACARIA MANUEL, ET AL. v. FRIDOLIN WIGETT, ET AL.

    014 Phil 9

  • G.R. No. 4859 August 18, 1909 - MANUEL JIMENO, ET AL. v. LOPE GACILAGO

    014 Phil 16

  • G.R. No. 5071 August 18, 1909 - UNITED STATES v. ALEJANDRO CAS

    014 Phil 21

  • G.R. No. 5111 August 18, 1909 - UNITED STATES v. VICENTE REYES, ET AL.

    014 Phil 27

  • G.R. No. 5220 August 18, 1909 - UNITED STATES v. MIGUEL PINDONG, ET AL.

    014 Phil 31

  • G.R. No. 5235 August 18, 1909 - UNITED STATES v. ESTEBAN CELESTINO, ET AL.

    014 Phil 34

  • G.R. No. 5110 August 19, 1909 - UNITED STATES v. FABIANA LEGASPI, ET AL.

    014 Phil 38

  • G.R. No. 4045 August 23, 1909 - ILDEFONSO DORONILA v. GRACIANO GONZAGA

    014 Phil 42

  • G.R. No. 4674 August 23, 1909 - UNITED STATES v. VICTORIANO PANALIGAN

    014 Phil 46

  • G.R. No. 3377 August 24, 1909 - BONIFACIO PIMENTEL v. EUGENIO GUTIERREZ

    014 Phil 49

  • G.R. No. 4918 August 26, 1909 - FELICIANA DARIANO v. JOSE FERNANDEZ FIDALGO

    014 Phil 62

  • G.R. No. 3989 August 28, 1909 - LI HANG SHEONG v. VENANCIO C. DIAZ

    014 Phil 68

  • G.R. No. 4426 August 28, 1909 - UNITED STATES v. BENITO FILOTEO

    014 Phil 73

  • G.R. No. 5292 August 28, 1909 - UNITED STATES v. MORO MANALINDE

    014 Phil 77

  • G.R. No. 5153 September 1, 1909 - UNITED STATES v. BARTOLOME MIJARES

    014 Phil 83

  • G.R. No. 5171 September 1, 1909 - UNITED STATES v. LAO LOCK HING

    014 Phil 86

  • G.R. No. 5126 September 2, 1909 - UNITED STATES v. CATALINO APOSTOL

    014 Phil 92

  • G.R. No. 3862 September 6, 1909 - JUAN G. BOSQUE v. YU CHIPCO

    014 Phil 95

  • G.R. No. 4437 September 9, 1909 - TOMAS OSMEÑA v. CENONA RAMA

    014 Phil 99

  • G.R. No. 4471 September 9, 1909 - DAMASA SEGUI v. CANDIDO SEGUI

    014 Phil 102

  • G.R. No. 5273 September 9, 1909 - FRANCISCA JOSE v. WENCESLAUA DAMIAN

    014 Phil 104

  • G.R. No. 5067 September 11, 1909 - UNITED STATES v. CORNELIO MANALO

    016 Phil 654

  • G.R. No. 5618 September 14, 1909 - IN RE: H. G. SMITH

    014 Phil 112

  • G.R. No. 4177 September 15, 1909 - AGATON ARANETA v. BRAULIO MONTELIBANO

    014 Phil 117

  • G.R. No. 4235 September 15, 1909 - SANTIAGO TIN FIAN v. PABLO TAN

    014 Phil 126

  • G.R. No. 4963 September 15, 1909 - UNITED STATES v. GO CHICO

    014 Phil 128

  • G.R. No. 5156 September 15, 1909 - UNITED STATES v. SEBASTIAN MISOLA

    014 Phil 142

  • G.R. No. 5165 September 15, 1909 - GERVASIO UNSON v. SEGUNDO ABRERA

    014 Phil 146

  • G.R. No. 5185 September 15, 1909 - UNITED STATES v. BENITO MENESES

    014 Phil 151

  • G.R. No. 5150 September 16, 1909 - UNITED STATES v. MARCIANO LOPEZ

    014 Phil 155

  • G.R. No. 4236 September 18, 1909 - SANTIAGO TIU FIAN v. HILARIO YAP

    014 Phil 158

  • G.R. No. 4445 September 18, 1909 - CATALINA BUGNAO v. FRANCISCO UBAG, ET AL.

    014 Phil 163

  • G.R. No. 4609 September 18, 1909 - QUE YONG KENG v. RAFAEL TAN QUICO

    014 Phil 173

  • G.R. No. 4694 September 18, 1909 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. MUN. OF ROSARIO

    014 Phil 176

  • G.R. No. 4887 September 18, 1909 - UNITED STATES v. NICOLAS JAVELLANA, ET AL.

    014 Phil 186

  • G.R. No. 4973 September 18, 1909 - UNITED STATES v. BERNABE CATIPON, ET AL.

    014 Phil 188

  • G.R. No. 5003 September 18, 1909 - UNITED STATES v. FELIX DE JESUS

    014 Phil 190

  • G.R. No. 5262 September 18, 1909 - FRANCISCO ROSA HERNANDEZ, ET AL. v. MELECIO PADUA, ET AL.

    014 Phil 194

  • G.R. No. 4263 September 22, 1909 - UNITED STATES v. ESTEFANIA MENDOZA, ET AL.

    014 Phil 198

  • G.R. No. 4837 September 22, 1909 - FRANCISCO IMPERIAL v. JOSE ALEJANDRE

    014 Phil 203

  • G.R. No. 4234 September 23, 1909 - RUPERTA ORAIS v. JACINTA ESCAÑO

    014 Phil 208

  • G.R. No. 4759 September 23, 1909 - SEBASTIAN CABILLAS v. ALFONSO APDUHAN, ET AL.

    014 Phil 213

  • G.R. No. 4971 September 23, 1909 - UNITED STATES v. AUGUSTUS HICKS

    014 Phil 217

  • G.R. No. 5194 September 23, 1909 - CHINESE CHAMBER OF COMMERCE v. PUA TE CHING, ET AL.

    014 Phil 222

  • G.R. No. 5108 September 30, 1909 - UNITED STATES v. NICOMEDES MORALES

    014 Phil 227

  • G.R. No. 4526 October 4, 1909 - TOMAS FORTUNA v. RUFINO VILORIA, ET AL.

    014 Phil 232

  • G.R. No. 4602 October 4, 1909 - JUAN CO v. JAMES J. RAFFERTY

    014 Phil 235

  • G.R. No. 5332 October 4, 1909 - UNITED STATES v. TEODORO BAGUIO, ET AL.

    014 Phil 240

  • G.R. No. 4663 October 9, 1909 - UNITED STATES v. PEDRO CABOLA ET AL.

    016 Phil 657

  • G.R. No. 4846 October 9, 1909 - UNITED STATES v. VICENTE MAQUIRAYA, ET AL.

    014 Phil 243

  • G.R. No. 4970 October 9, 1909 - UNITED STATES v. SERAPIO ARTICHO, ET AL.

    014 Phil 248

  • G.R. No. 5138 October 9, 1909 - JOSE MCMICKING v. DOMINGO TREMOYA, ET AL.

    014 Phil 252

  • G.R. No. 5423 October 9, 1909 - UNITED STATES v. SERAPIO POQUIS, ET AL.

    014 Phil 261

  • G.R. No. 4009 October 11, 1909 - NICOLASA ARINGO v. URBANA ARENA

    014 Phil 263

  • G.R. No. 4339 October 11, 1909 - UNITED STATES v. PONCIANO TREYES, ET AL.

    014 Phil 270

  • G.R. No. 3865 October 16, 1909 - GREGORIO FERNANDEZ v. MLA. ELECTRIC RAILROAD AND LIGHT CO.

    014 Phil 274

  • G.R. No. 4362 October 19, 1909 - INSULAR GOV’T. v. DOROTEO NICO, ET AL.

    014 Phil 288

  • G.R. No. 4606 October 19, 1909 - JUAN RODRIGUEZ v. FINDLAY & CO.

    014 Phil 294

  • G.R. No. 5297 October 19, 1909 - UNITED STATES v. MARTINA BACAS

    014 Phil 308

  • G.R. No. 4935 October 25, 1909 - UNITED STATES v. JAMES L. BROBST

    014 Phil 310

  • G.R. No. 4998 October 25, 1909 - UNITED STATES v. JOSE C. SEDANO

    014 Phil 338

  • G.R. No. 5069 October 25, 1909 - TAN CHUCO v. YORKSHIRE FIRE AND LIFE INSURANCE CO.

    014 Phil 346

  • G.R. No. 5083 October 25, 1909 - TOMAS SUNICO v. JOSE VILLAPANDO, ET AL.

    014 Phil 352

  • G.R. No. 5167 October 25, 1909 - UNITED STATES v. JULIAN MENESES

    014 Phil 357

  • G.R. No. 5227 October 25, 1909 - INT’L. BANKING CORP. v. PILAR CORRALES, ET AL.

    014 Phil 360

  • G.R. No. 4102 October 26, 1909 - JOSE CARDELL v. RAMON MAÑERU, ET AL.

    014 Phil 368

  • G.R. No. 5072 October 27, 1909 - UNITED STATES v. SANTIAGO AUSTERO

    014 Phil 377

  • G.R. No. 5424 October 27, 1909 - UNITED STATES v. PRUDENCIO SOTO

    014 Phil 384

  • G.R. No. 4974 October 29, 1909 - UNITED STATES v. NICOLAS GUTIERREZ, ET AL.

    014 Phil 388

  • G.R. No. 5098 October 29, 1909 - UNITED STATES v. VENANCIO MONASTERIAL, ET AL.

    014 Phil 391

  • G.R. No. 4934 October 30, 1909 - UNITED STATES v. A. C. V. ROSA, ET AL.

    014 Phil 394

  • G.R. No. 5100 November 3, 1909 - UNITED STATES v. EMILIO BEDOYA

    014 Phil 397

  • G.R. No. 5386 November 8, 1909 - UNITED STATES v. ARSENIO PALACIO

    016 Phil 660

  • G.R. No. 4975 November 9, 1909 - UNITED STATES v. SANTIAGO NARVAS

    014 Phil 410

  • G.R. No. 5373 November 9, 1909 - UNITED STATES v. CLAUDIO DE SILVA

    014 Phil 413

  • G.R. No. 4947 November 11, 1909 - UNITED STATES v. PABLO RAYMUNDO, ET AL.

    014 Phil 416

  • G.R. No. 5181 November 13, 1909 - UNITED STATES v. ANACLETO ABAD

    014 Phil 444

  • G.R. No. 4932 November 16, 1909 - WARNER, BARNES & CO. v. RAMON F. SANTOS

    014 Phil 446

  • G.R. No. 5348 November 16, 1909 - UNITED STATES v. ALEJO PAGUIRIGAN

    014 Phil 450

  • G.R. No. 5503 November 16, 1909 - CATALINA MONTEMAYOR v. MATEO CUNANAN

    014 Phil 454

  • G.R. No. 4752 November 17, 1909 - FLORENTINO CORDERO v. PEDRO CABIGTING

    014 Phil 463

  • G.R. No. 5036 November 17, 1909 - UNITED STATES v. LUCIANO MALEZA, ET AL.

    014 Phil 468

  • G.R. No. 5240 November 19, 1909 - UNITED STATES v. LINO EGUIA LIM BUANCO, ET AL.

    014 Phil 472

  • G.R. No. 5432 November 20, 1909 - TOMAS INOCENCIO v. MIGUEL GATPANDAN, ET AL.

    014 Phil 491

  • G.R. No. 4996 November 26, 1909 - VICTORIANO SIGUENZA v. MUN. OF HINIGARAN

    014 Phil 495

  • G.R. No. 5009 November 26, 1909 - TOMAS SUNICO v. MANUEL RAMIREZ

    014 Phil 500

  • G.R. No. 4976 November 27, 1909 - A. J. EVELAND v. EASTERN MINING CO.

    014 Phil 509

  • G.R. No. 4709 November 29, 1909 - CHAN SUANCO v. DOROTEO ALONSO

    014 Phil 517

  • G.R. No. 5115 November 29, 1909 - UNITED STATES v. MANUEL SAMANIEGO, ET AL.

    016 Phil 663

  • G.R. No. 5208 December 1, 1909 - KUENZLE & STREIFF v. JOSE TAN SUNCO ET AL.

    016 Phil 670

  • G.R. No. 5044 December 1, 1909 - EDWIN CASE v. HEIRS OF TUASON Y SANTIBAÑEZ

    014 Phil 521

  • G.R. No. 5075 December 1, 1909 - MAURICIO RAMIREZ v. SIMEON BAUTISTA, ET AL.

    014 Phil 528

  • G.R. No. 4815 December 2, 1909 - LA YEBANA CO. v. FRANCISCO CHUA SECO & CO.

    014 Phil 535

  • G.R. No. 5096 December 2, 1909 - RAMON MORTERA v. INOCENTE MARTINEZ, ET AL.

    014 Phil 541

  • G.R. No. 5244 December 2, 1909 - EULOGIO TRIA v. RAMON ORTIZ

    014 Phil 551

  • G.R. No. 5306 December 3, 1909 - UNITED STATES v. FERNANDO JARABAS

    014 Phil 558

  • G.R. No. 5307 December 3, 1909 - UNITED STATES v. JOSE GONZAGA CHANGCO

    014 Phil 562

  • G.R. No. 5210 December 4, 1909 - UNITED STATES v. VALERIA DE CHAVES

    014 Phil 565

  • G.R. No. 5385 December 4, 1909 - UNITED STATES v. GREGORIO DOMINGO, ET AL.

    014 Phil 569

  • G.R. No. 5275 December 9, 1909 - UNITED STATES v. ALEJANDRO BAUTISTA

    014 Phil 579

  • G.R. No. 4871 December 10, 1909 - LEONCIO IMPERIAL v. ALFONSA TOLEDO

    014 Phil 584

  • G.R. No. 5313 December 10, 1909 - JUANA ESPIRITU v. A. S. CROSSFIELD, ET AL.

    014 Phil 588

  • G.R. No. 5217 December 13, 1909 - UNITED STATES v. DANIEL LOPEZ

    014 Phil 593

  • G.R. No. 5344 December 14, 1909 - UNITED STATES v. VALERIANA DEUDA, ET AL.

    014 Phil 595

  • G.R. No. 5202 December 16, 1909 - YAP UNKI v. CHUA JAMCO

    014 Phil 602

  • G.R. No. 5295 December 16, 1909 - KUENZLE & STREIFF v. MACKE & CHANDLER, ET AL.

    014 Phil 610

  • G.R. No. 5393 December 16, 1909 - PEDRO TIRANGBUAYA, ET AL. v. JUDGE OF FIRST INSTANCE OF RIZAL, ET AL.

    014 Phil 613

  • G.R. No. 5200 December 17, 1909 - VICENTE BANDOY, ET AL. v. JUDGE OF FIRST INSTANCE OF LA LAGUNA, ET AL.

    014 Phil 621

  • G.R. No. 5397 December 17, 1909 - FABIANA C. ARRIOLA v. CAROLINA GOMEZ DE LA SERNA

    014 Phil 627

  • G.R. No. 4667 December 18, 1909 - GEO. M. LACK, ET AL. v. PANTALEONA ALONSO Y SAN LUIS, ET AL.

    014 Phil 630

  • G.R. No. 5256 December 21, 1909 - UNITED STATES v. EUSTASIO HERNANDEZ, ET AL.

    014 Phil 638

  • G.R. No. 5329 December 21, 1909 - SABINA CRUZ HERRERA DE LUKBAN v. JOSE McMICKING

    014 Phil 641

  • G.R. No. 5318 December 23, 1909 - UNITED STATES v. RAFAEL BUMANGLAG, ET AL.

    014 Phil 644

  • G.R. No. 5534 December 23, 1909 - HERBERT S. WALKER, ET AL. v. JOSE MCMICKING

    014 Phil 668

  • G.R. No. 4724 December 24, 1909 - GREGORIA MONTAÑANO v. SILVESTRE SUESA

    014 Phil 676

  • G.R. No. 5760 December 24, 1909 - MARTIN OCAMPO, ET AL. v. J. C. JENKINS, ET AL.

    014 Phil 681

  • G.R. No. 4280 February 1, 1909 - UNITED STATES v. JULIO BUSTOS

    013 Phil 690

  • G.R. No. 4206 February 1, 1909 - VICENTE M. SANDOVAL v. INSULAR GOVERNMENT

    012 Phil 648

  • G.R. No. 4717 February 1, 1909 - RAFAEL O. RAMOS v. TOMAS LEDESMA

    012 Phil 656

  • G.R. No. 4737 February 1, 1909 - ATANASIO PANDAQUILA v. MIGUEL GAZA, ET AL.

    012 Phil 663

  • G.R. No. 4785 February 1, 1909 - UNITED STATES v. HIGINIO DE LA SERNA, ET AL.

    012 Phil 672

  • G.R. No. 4839 February 1, 1909 - UNITED STATES v. SY QUIAT

    012 Phil 676

  • G.R. No. 4852 February 1, 1909 - UNITED STATES v. VICENTE CALIMAG

    012 Phil 687

  • G.R. No. 4373 February 2, 1909 - SAMUEL BISCHOFF v. JUAN D. POMAR, ET AL.

    012 Phil 690

  • G.R. No. 4589 February 3, 1909 - GERONIMO DE GUZMAN v. JOAQUINA ORTIZ

    012 Phil 701

  • G.R. No. 4838 February 3, 1909 - UNITED STATES v. LIM CO

    012 Phil 703

  • G.R. No. 4013 February 4, 1909 - JUSTO GUIDO, ET AL. v. AGUSTIN DE BORJA, ET AL.

    012 Phil 718

  • G.R. No. 4904 February 5, 1909 - ROSALIA MARTINEZ v. ANGEL TAN

    012 Phil 731

  • G.R. No. 4723 February 8, 1909 - UNITED STATES v. TAN TAYCO, ET AL.

    012 Phil 739

  • G.R. No. 4566 February 9, 1909 - YUENG SHENG EXCHANGE AND TRADING COMPANY v. G. URRUTIA & CO., ET AL.

    012 Phil 747

  • G.R. No. 4910 February 10, 1909 - MARIA DE LA CONCEPCION VACANI v. ENRIQUE LLOPIS

    012 Phil 754

  • G.R. No. 4415 February 13, 1909 - PAULINO DOLIENDO, ET AL. v. SANTOS DEPIÑO, ET AL.

    012 Phil 758

  • G.R. No. 4758 February 16, 1909 - UNITED STATES v. T. E. SANTOS

    013 Phil 1

  • G.R. No. 4794 February 16, 1909 - WARNER v. ROMAN AND CIRILO JAUCIAN

    013 Phil 4

  • G.R. No. 4392 February 17, 1909 - PATRICIO UBEDA v. AGAPITO ZIALCITA

    013 Phil 11

  • G.R. No. 4790 February 18, 1909 - UNITED STATES v. AGUSTIN CONCEPCION

    013 Phil 21

  • G.R. No. 4216 February 19, 1909 - KUENZLE & STEREIFF v. A. S. WATSON & CO., ET AL.

    013 Phil 26

  • G.R. No. 4943 February 19, 1909 - JEREMIAH J. HARTY v. ANGEL LUNA

    013 Phil 31

  • G.R. No. 4939 February 20, 1909 - PHILIPPINE RAILWAY COMPANY v. ESTEBAN SOLON

    013 Phil 34

  • G.R. No. 5028 February 20, 1909 - JUANA VALENCIA v. CARMEN DE ROXAS

    013 Phil 45

  • G.R. No. 5085 February 20, 1909 - IN RE: JUAN TOLEDO

    013 Phil 48

  • G.R. No. 4386 February 24, 1909 - CHANG YONG TEK v. GENEROSA SANTOS

    013 Phil 52

  • G.R. No. 4868 February 24, 1909 - JUAN SISON v. FAUSTINO RAMOS

    013 Phil 54

  • G.R. No. 4878 February 27, 1909 - IN RE: JOAQUINA MIJARES DE FARIÑAS v. VICENTE LAVIN

    013 Phil 63