And L_17537-59 - Liberata Antonio Estrada, et al. v. Court of Agrarian Relations, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. Nos. L-17481 and L-17537-59             September 24, 1962

LIBERATA ANTONIO ESTRADA, CANUTO CENIZAN, NAZARIO DE LA CRUZ, GENARO ALVARO, ET AL.,petitioners,
vs.
COURT OF AGRARIAN RELATIONS and FAUSTINO F. GALVAN,respondents.

Mejia, Ortiz and Valencia for petitioners.
Pedro R. Mañago for respondent Faustino F. Galvan.
Nostratis and Allado for respondent Court of Agrarian Relations.

LABRADOR,J.:

In an order of the court promulgated on August 15, 1961, we directed the manager or the owner of the Moncada Bonded Warehouse in Moncada, Tarlac, and respondent Faustino F. Galvan to release and deliver to petitioners Liberata Antonio Estrada, et al., the portions still remaining to be delivered to them in their shares of the palay in these cases, i.e., (a) 10% of the net produce of the first crop minus P300 and (b) 15% of the net produce of the second crop minus P200. On January 21, 1962, counsel for petitioners Liberata Antonio Estrada, et al., filed a motion asking that Faustino F. Galvan and the owner or manager of the Moncada Bonded Warehouse at Moncada, Tarlac be punished for contempt for failure to deliver the shares of the petitioners in the harvest as specified in the preceding order of the court. Respondent Faustino Galvan opposed the motion alleging that the order of the court had already been complied with by delivery of certain specified quantities of palay to the petitioners. On August 14, 1962, counsel for the petitioner filed before us a manifestation claiming that respondent Galvan and the owner or manager of the Moncada Bonded Warehouse have not delivered the exact amount to which the petitioners are entitled under the previous resolution of this Court. Considering that the issues raised in the motion to declare the respondents in contempt and the opposition thereto involve questions of fact, i.e., the determination of whether the respective shares of petition and the respondent have actually been delivered, copies of the papers already mentioned above are hereby referred to the Honorable Judge of the Court of Agrarian Relations presiding at Moncada, Tarlac, to receive the evidence that the petitioners and the respondents may offer in support of their respective claims and contentions. Said court is hereby ordered to conduct the necessary hearing and make its report and recommendation within ninety (90) days from receipt of this order.1awphîl.nèt

Padilla, Bautista, Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.
Bengzon, C.J., took no part.