Professional Documents
Culture Documents
Alcantara
JD 1 - 2
CANON 5
Samar Mining Company vs Francisco Arnado
FACTS: In 1958, Rufino Abuyen won a labor case against Samar Mining Company.
Abuyen was awarded compensation plus hospitalization expenses for a disease he
incurred while working for Samar Mining. The decision was rendered by Pompeyo Tan,
a labor lawyer duly appointed by Francisco Arnado, a regional administrator of the
Department of Labor. In 1961, Samar Minings lawyer, Atty. Benedicto Arcinas, filed an
action for certiorari before CFI Cebu contending that Tan has no authority or jurisdiction
over said case because he was a mere labor lawyer who had no authority to render
the award being complained of. CFI Cebu dismissed the petition of Arcinas.
Meanwhile, in the same year, the Supreme Court made a ruling in the case of Caltex v.
Villanueva (L-15658, August 21, 1961) that duly appointed hearing officers by regional
administrators of the labor department may issue awards. Notwithstanding this ruling,
Arcinas still filed an appeal before the Supreme Court.
ISSUE: Whether or not the appeal has merit.
HELD: No. It is obvious that the purpose of the filing is just to delay and prolong the
litigation in the hope of draining the resources of the poorer party and of compelling it
to submit out of sheer exhaustion. The conduct of Atty. Arcinas is hardly compatible
with the duty of the Bar to assist in the Administration of Justice, not to obstruct or
defeat the same. The Supreme Court ordered Samar Mining and Atty. Arcinas to
shoulder the litigation costs of this case jointly and severally.
In the contract of lease, the lessor transfers his right of use in favor of the lessee. The
lessor's right of use is impaired, therein. He may even be ejected by the lessee if the
lessor uses the leased realty.
Therefore, lease is a burden on the land, it is an encumbrance on the land. The concept
of encumbrance includes lease, thus "an encumbrance is sometimes construed broadly
to include not only liens such as mortgages and taxes, but also attachment, LEASES,
inchoate dower rights, water rights, easements, and other RESTRICTIONS on USE."
Moreover, lease is not only an encumbrance but also a qualified alienation, with the
lessee becoming, for all legal intents and purposes, and subject to its terms, the owner
of the thing affected by the lease.
Thus, in case the wife's consent is not secured by the husband as required by law, the
wife has the remedy of filing an action for the annulment of the contract.