LEGAL DOCTRINES

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CIVIL LAW:ANNULMENT;ROOT CAUSE OF PSYCHOLOGICAL INCAPACITY
The root cause of the psychological incapacity must be: (a) medically or clinically
identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d)
clearly explained in the decision. Expert evidence may be given by qualified
psychiatrists and clinical psychologists.
CRIMINAL LAW:PERSONS CRIMINALLY LIABLE; PRINCIPALS
One who participates in the material execution of the crime by standing guard or
lending moral support to the actual perpetrator is criminally responsible to the
same extent as the latter.
REMEDIAL LAW:COMPLAINT AND INFORMATION;MOTION TO QUASH OR DISMISS
It is clear from Section 2 of Rule 117, Rules of Court, that a motion to quash may
be based on factual and legal grounds, and since extinction of criminal liability and
double jeopardy are retained among the grounds for a motion to quash in Section
3 of the new Rule 117, it necessarily follows that facts outside the information
itself may be introduced to prove such grounds.
LABOR LAW:RETURN-TO-WORK ORDER OF SECRETARY OF LABOR; FAILURE OF
EMPLOYER TO SATISFACTORILY ESTABLISH VIOLATION
Where the employer fails to satisfactorily establish any violation of the Labor
Secretarys retun-to-work-order, any contrary finding by the Labor Arbiter and the
National Labor Relations Commission is committed with grave abuse of discretion.
COMMERCIAL LAW:CORPORATION CODE;SUFFICIENCY OF SECRETARYS
CERTIFICATE
Being regular on its face, a Secretarys certificate is sufficient for a third party to
rely on-it does not have to investigate the truth of the facts contained in such
certification, otherwise business transaction of corporations would become
tortously slow and unnecessarily hampered.

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CIVIL LAW:EXTRA-JUDICIAL PARTITION ALLOWED WHEN NO CREDITORS
AFFECTED
Without creditors to take into consideration, it is competent for the heirs of an
estate to enter into an agreement for distribution thereof in a manner and upon a
plan different from those provided by the rules from which, in the first place,
nothing can be inferred that a writing or other formality is essential for the
partition to be valid
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CRIMINAL LAW:SELF-DEFENSE; DUTY OF ACCUSED TO ESTABLISH EVIDENCE
In self-defense the burden of proof rests upon the accused. His duty is to establish
by sufficient, satisfactory and convincing evidence the following requisites: (a)
unlawful aggression on the part of the victim; (b) reasonable necessity of the
means employed to prevent or repel it; and, (c) lack of sufficient provocation on
the part of the person defending himself.
REMEDIAL LAW:CLASSES OF EVIDENCE
The lack or absence of proof beyond reasonable doubt does not mean an absence
of any evidence whatsoever for there is another class of evidence which, though
insufficient to establish guilt beyond reasonable doubt, is adequate in civil cases;
this is preponderance of evidence. Then too, there is the substantial evidence
rule in administrative proceedings which merely requires such relevant evidence as
a reasonable mind might accept as adequate to support a conclusion
LABOR LAW:ELEMENTS OF ILLEGAL RECRUITMENT IN LARGE SCALE
The essential elements of the crime of illegal recruitment in large scale are: (1)
the accused engages in acts of recruitment and placement of workers defined
under Art. 13(b) or in any prohibited activities under Art. 34 of the Labor Code; (2)
the accused has not complied with the guidelines issued by the Secretary of Labor
and Employment, particularly with respect to the securing of a license or an
authority to recruit and deploy workers, either locally or overseas; and (3) the
accused commits the unlawful acts against three or more persons, individually or
as a group.
ADMINISTRATIVE LAW:POWERS OF COMMISSIONER OF LAND TRANSPORTATION
The Commissioner of Land Transportation and his deputies are empowered at
anytime to examine and inspect such motor vehicles to determine whether said
vehicles are registered, or are unsightly, unsafe, improperly marked or equipped,
or otherwise unfit to be operated on because of possible excessive damage to
highways, bridges and other infrastructures. The LTO is additionally charged with
being the central repository and custodian of all records of all motor vehicles.

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CIVIL LAW:MEETING OF THE MINDS IN A CONTRACT OF SALE
The meeting of the minds in a contract speaks of the intent of the parties in
entering into the contract respecting the subject matter and the consideration
thereof, and if the words of the contract appear to be contrary to the evident
intention of the parties, the latter shall prevail over the former.
CRIMINAL LAW:ESTABLISHMENT OF CONSPIRACY; DIRECT PROOF NOT ESSENTIAL
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Direct proof is not essential to establish conspiracy as this may be inferred from
the acts of the accused before, during and after the commission of the crime
whuch indubitably, point to and are indicative of a joint purpose, concert of action
and community of interest.
REMEDIAL LAW:CERTIORARI;WHEN PROPER
Certiorari may be issued only where it is clearly shown that there is patent and
gross abuse of discretion as to amount to an evasion of positive duty or to virtual
refusal to perform a duty enjoined by law, or to act at all in contemplation of law,
as where the power is exercised in an aribitrary and despotic manner by reason of
passion or personal hostility.
LABOR LAW:ABANDONMENT AS VALID GROUND FOR DISMISSAL
For an abandonment to constitute a valid ground for dismissal there must be a
clear, deliberate and unjustified refusal to resume employment and a clear
intention to sever the employer-employee relationship on the part of the
employee.
ADMINISTRATIVE LAW:EXHAUSTION OF ADMINISTRATIVE REMEDIES
A party cannot, without violating the principle of exhaustion of administrative
remedies, seek court intervention by filing an action for replevin for the grant of
relief during the pendency of an administrative proceedings.

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CIVIL LAW:PROPERTY; ACCRETION; REQUISITES
Accretion as a mode of acquiring property under Article 457 of the Civil Code,
requires the concurrence of the following requisites: (1) that the accumulation of
soil or sediment be gradual and imperceptible; (2) that it be the result of the
action of the waters of the river; and (3) that the land where the accretion takes
place is adjacent to the bank of the river
CRIMINAL LAW:CONSPIRACY; MAY BE INFERRED FROM ACTS OF THE ACCUSED
Direct proof is not essential to establish conspiracy as this may be inferred from
the acts of the accused before, during and after the commission of the crime
which, indubitably, point to and are indicative of a joint purpose concert of action
and community of interest.
REMEDIAL LAW:ABATEMENT OR DISMISSAL OF ACTION; LITIS PENDENTIA
In order to constitute a ground for the abatement or dismissal of an action, litis
pendentia must exhibit the concurrnece of the following requisites: (a) identity of
parties, or at least such as representing the same interest in both actions; (b)
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identity of rights asserted and relief prayed for, the relief being founded on the
same facts; and (c) identity in the two cases should be such that the judgment that
may be rendered in the pending case would, regardless of which party is
successful, amount to res judicata in the other.
LABOR LAW:APPEAL TO NLRC; HOW TAKEN
An appeal from the Labor Arbiters decision to the NLRC may be taken (1) by filing
a verified memorandum of appeal and (2) by paying the appeal fees within ten
calendar days from receipt of a decision, award or order of the Labor Arbiter,both
of which requisites must be satisfied, otherwise the running of the prescriptive
period for perfecting an appeal will not be tolled.
ADMINISTRATIVE LAW:PERIOD FOR FILING AN ELECTION PROTEST AGAINST
BARANGAY OFFICER
A petition or protest contesting the election of a barangay officer should be
decided by the municipal or metropolitan trial court within fifteen days from the
filing thereof. If the caseload of the judge presents the disposition of cases within
the reglementary periods, he should ask the Supreme Court for a reasonable
extension of time to dispose of cases involved.

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CIVIL LAW:ADOPTION; STATUTES; PURPOSE
The main purpose of adoption statutes is the promotion of the welfare of children.
The law must also be applied with compassion, understanding and less severity in
view of the fact that it is intended to provide home, love, care and education for
less fortunate children.
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCE OF RELATIONSHIP; AWARD OF
EXEMPLARY DAMAGES IN CRIME OF RAPE
The relationship of stepfather or stepmother and stepson or stepdaughter is
included by analogy as similar to that of ascendant and descendant, and where
appreciated as an aggravating circumstance in rape, the award of exemplary
damages, in addition to moral damages, is proper.
REMEDIAL LAW:CONTEMPT;NOT SUBJECT TO SEPARATE ACTION
The contention that a partys complaint for contempt must be the subject of a
separate action would nullify contempt proceedings as means of securing
obedience to the lawful processes of a court-this theory would reward ingenuity
and cunning in revising orders which substantially are the same as the order
previously prohibited by the court.
LABOR LAW: POWERS OF SECRETARY OF LABOR; EFFECTIVITY OF ARBITRAL
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AWARDS
In the absence of a specific provision of law prohibiting retroactivity of the
effectivity of arbitral awards issued by the Secretary of Labor, he is deemed vested
with plenary and discretionary powers to determine the effectivity thereof.
ADMINISTRATIVE LAW: EXHAUSTION OF ADMINISTRATIVE REMEDIES;
SIGNIFICANCE
Exhaustion of the remedies in the administrative forum, being a condition
precedent prior to ones recourse to the courts and more importantly, being an
element of private respondents right of action, is too significant to be waylaid by
the lower court.


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CIVIL LAW:DIFFERENCE BETWEEN AGENT AND BROKER
An agent receives a commission upon the successful conclusion of a sale. A broker
earns his pay merely by bringing the buyer and the seller together, even if no sale
is eventually made. The fact that a person invested his own money to put service
centers and showrooms does not necessarily prove that he is not an agent of a car
manufacturer.
CRIMINAL LAW:TREACHERY; UNEXPECTED AND SUDDEN ATTACK
An unexpected and sudden attack under circumstances which render the victim
unable and unprepared to defend himself by reason of the suddenness and severity
of the attack constitutes alevosia, and the fact that the act was frontal does not
preclude the presence of treachery.
REMEDIAL LAW:ACTIONS FOR RECOVERY OF ILL-GOTTEN WEALTH; PARTIES
All persons whether natural or juridical, who stand to lose in favor of the
government under a judgment in such actions for recovery of so-called illegally
acquired wealth should be impleaded as defendants to afford them an opportunity
to be heard and to defend themselves in the action.
LABOR LAW: FINDINGS OF FACT OF LABOR DEPARTMENT ACCORDED RESPECT
AND FINALITY
Factual findings of quasi-judicial agencies, like the labor department, which have
acquired expertise in matters entrusted to their jurisdiction are accorded by the
Supreme Court not only respect but finality if supported by substantial evidence.
ADMINISTRATIVE LAW: FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; FATAL
TO PARTYS CAUSE OF ACTION
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Failure to exhaust administrative remedies is fatal to a partys cause of action and
a dismissal based on that ground is tantamount to a dismissal based on lack of
cause of action.

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CIVIL LAW:MORTGAGE; SPECIAL POWERS OF ATTORNEY;EFFECT AGAINST THIRD
PERSONS WITH NO KNOWLEDGE.
Absent a valid revocation duly furnished to the mortgagee, Special Powers of
Attorney continue to have force and effect as against third persons who had no
knowledge of such lack of authority.
CRIMINAL LAW:PRESENCE OF TREACHERY.
There is treachery where the victim, soaked in his own blood, defenseless, and
calling for help, weakened and dying, was still attacked, thus employed means to
insure or afford impunity.
REMEDIAL LAW:RECOVERY OF OWNERSHIP OR POSSESSION OF PROPERTY.
The proper action, the object of which is for the recovery of ownership or
possession of the property seized by the sheriff, is and should be an entirely
separate and distinct action from that in which execution has issued, if instituted
by a stranger to the latter suit.
LABOR LAW:.RECRUITMENT AND PLACEMENT; NON LICENSEE OR NON HOLDER
OF AUTHORITY, DEFINED.
A non-licensee or non-holder of authority means any person, corporation or entity
which has not been issued a valid license or authority to engage in recruitment and
placement by the Secretary of Labor, or whose license or authority to engage in
recruitment and placement by the Secretary of Labor, or whose license or
authority has been suspended, revoked or cancelled by the POEA, or the Secretary.
ADMINISTRATIVE LAW:POWERS OF CONGRESS TO INTERVENE DESPITE EXISTENCE
OF ADMINISTRATIVE AGENCIES.
It cannot be denied that Congress may intervene anytime despite the existence of
administrative agencies entrusted with wage-fixing powers, by virtue of the
formers plenary power of legislation, and when Congress does so, the result is not
the withdrawal of the powers delegated to the Wage Boards but cooperative
lawmaking in an area where initiative and expertise are required.

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CIVIL LAW:AGENCY; SCOPE OF AUTHORITY.
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As far as third persons are concerned, an act is deemed to have been performed
within the scope of the agents authority if such is within the the terms of the
power of attorney as written even if the agent has in fact exceeded the limits of
his authority according to the understanding between the principal and the agent.
CRIMINAL LAW:TREACHERY; REQUISITES.
For treachery to be present, two conditions must concur, namely, (a) the
employment of means of execution that gives the personnattacked no opportunity
to defend himself or retaliate, and (b) the means of execution was deliberately or
consciously adopted.
REMEDIAL LAW:ACTIONS; DEFINED.
An action is a formal demand of ones legal rights in a court of justice in the
manner prescribed by the court or by the law. The determinative or operative fact
which converts a claim into an action or suit is the filing of the same with a
court of justice. Filed elsewhere, as with some other body or office not a court
of justice, the claim may not be categorized under either term.
LABOR LAW:ABANDONMENT; ELEMENTS
To constitute abandonment, two elements must concur: (1) the failure to report
for work or absence without valid or justifiable reason, and (2) a clear intention to
sever the employer-employee relationship. If the employees aim is to secure the
benefits due them from their employer, abandonment would surely be an illogical
and impractical recourse, especially for simple laborers.
ADMINISTRATIVE LAW:VALIDITY OF ADMINISTRATIVE ORDERS WHEN ABANDONED
BY ADMINISTRATIVE AGENCY.
The question of the validity of an Administrative Order has become moot and
academic where the administrative policy, the validity of which is sought to be
justified by private parties, has already been abandoned by the very administrative
agency which adopted it.

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CIVIL LAW:ALTERATION PLANS;MAJORITY OF HOMEOWNERS CONSENT NEEDED.
In alteration plans, written approval of the National Housing Authority alone is not
sufficient. It must be coupled with the written conformity or consent of the duly
organized homeowners association or the majority of the lot buyers.
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES;NIGHTTIME;WHEN ABSORBED IN
TREACHERY.
Nighttime or nocturnity was absorbed in treachery since it was evidently an
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integral part of pecuIiar treacherous means and manner adopted to ensure the
execution of the crimes or that it facilitated the treacherous character of the
attack.
REMEDIAL LAW:VENUE OF SUITS;AGREEMENT OF PARTIES;WHEN PERMISSIVE.
In interpreting situations, inquiry must be made as to whether or not the
agreement is restrictive in the sense that the suit may be filed only in the place
agreed upon or merely permissive in that the parties may file their suits not only in
the place agreed upon but also in the places fixed by the rules.
LABOR LAW: ABANDONMENT;MERE ABSENCE NOT CONSIDERED AS
ABANDONMENT.
For abandonment to arise, there must be concurrence of two things: (1) lack of
intention to work; and (2) the presence of overt acts signifying the employees
intention not to work. While absence from work for a prolonged period may
suggest abandonment in certain instances, mere absence of one or two days would
not be enough to sustain such a claim.
ADMINISTRATIVE LAW:EFFECT OF NON-EXHAUSTION OF ADMINISTRATIVE
REMEDIES.
Non-exhaustion of administrative remedies is not jurisdictional it only renders the
action premature, i.e., the claimed cause of action is not ripe for judicial
determination and for that reason a party has no cause of action to ventilate in
court.

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CIVIL LAW:DIFFERENCE BETWEEN CAUSE AND MOTIVE.
Cause is the essential reason for the contract, while motive is the particular reason
of a contracting party which does not affect the other party and which does not
preclude the existence of a different consideration. Article 1351 of the Civil Code
provides that the particular motives of the parties in entering into a contract are
different from the cause thereof.
CRIMINAL LAW:B.P. 22; BOUNCING CHECKS LAW; ELEMENTS
The elements of the offense penalized under B.P. Blg. 22 are: (1) making, drawing,
and issuance of any check to apply to account or for value; (2) knowledge of the
maker, drawer, or issuer that at the time of issue he does not have sufficient funds
in or credit with the drawee bank for the payment of the check in full upon its
presentment; and (3) subsequent dishonor of the check by the drawee bank for
insufficiency of funds or credit, or dishonor of the check for the same reason had
not the drawer, without any valid cause, ordered the bank to stop payment. The
makers knowledge is presumed from the dishonor of the check for insufficiency of
funds.
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REMEDIAL LAW:PLEADINGS; COMPLIANCE WITH PROCEDURAL IMPERATIVES.
It is a settled rule that a tribunal may at any time take judicial notice of the
records of a case pending before it, and satisfy itself that copies of the pleadings
filed by the parties are in the numbers required by its rules. The failure of a
pleading to comply with such procedural imperative set by the court, leaves the
latter the discretion either to reject that pleading or order completion of the
number of copies thereof. Where, however, the party whose pleading has been
shunted aside offers to show that it has fully complied with the requirements of
the rules and that the records kept by the tribunal contain inaccurate entries, the
latter body should pause and listen, and give that party a day in court
LABOR LAW:DISMISSAL OF EMPLOYEES; LOSS OF TRUST AND CONFIDENCE.
Loss of trust and confidence to be a valid ground for an employees dismissal must
be clearly established.A breach is willful if it is done intentionally, knowingly and
purposely, without justifiable excuse, as distinguished from an act done carelessly,
thoughtlessly, heedlessly or inadvertently. It must rest on substantial grounds and
not on the employers arbitrariness, whims, caprices or suspicion, otherwise, the
employee would remain at the mercy of the employer.
ADMINISTRATIVE LAW:RULE IN APPRECIATION OF EVIDENCE.
Within the field of administrative law, while strict rules of evidence are not
applicable to quasi-judicial proceedings, nevertheless, in adducing evidence
constitutive of substantial evidence, the basic rule that mere allegation is not
evidence cannot be disregarded. Finally, in case of doubt in construction and
interpretation of social legislation statutes, the liberality of the law in favor of the
working man and woman prevails in light of the Constitutions social justice policy.

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CIVIL LAW:WILLS AND SUCCESSION; POWERS OF COURT TO CONTROL
PROPERTIES OF DECEASED.
The court which acquired jurisdiction over the properties of a deceased person
through the filing of the corresponding proceedings, has supervision and control
over the said properties, and under the said power, it is its inherent duty to see
that the inventory submitted by the administrator appointed by it contains all the
properties, rights and credits which the law requires the administrator to set out in
his inventory. In compliance with this duty, the court has also inherent power to
determine what properties, rights and credits of the deceased should be included
in or excluded from the inventory. Should an heir or person interested in the
properties of a deceased person duly call the courts attention to the fact that
certain properties, rights or credits have been left out in the inventory, it is
likewise the courts duty to hear the observations, with power to determine if such
observations should be attended to or not and if the properties referred to therein
belong prima facie to the intestate, but no such determination is final and ultimate
in nature as to the ownership of the said properties.
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CRIMINAL LAW:DUE PROCESS; ACCUSED MUST BE INFORMED OF THE
ACCUSATION AGAINST HIM.
In a criminal case, due process requires that, among others, the accusation be in
due form, and that notice thereof and an opportunity to answer the charge be
given the accused; hence, the constitutional and reglementary guarantees as to
accuseds right to be informed of the nature and cause of the accusation against
him. An accused should be given the necessary data as to why he is being
proceeded against and not be left in the unenviable state of speculating why he is
made the object of a prosecution, it being the fact that, in criminal cases, the
liberty, even the life, of the accused is at stake. It is always wise and proper that
the accused be fully apprised of the charge against him in order to avoid any
possible surprise that may lead to injustice.
REMEDIAL LAW:JUDICIAL BONDS; NATURE.
Judicial bonds are contractual in nature. They constitute a special class of
contracts of guaranty since they are given by virtue of judicial order. Even if the
appeal bond is defective, a situation not true in the present case, as long as it is
not void and given in good faith and not for the purpose of delay, the trial Court
may order its amendment. The appeal should not be dismissed without giving the
appellant an opportunity to perfect the bond or to file a new bond. This Court even
held that an appeal bond signed by one bondsman is not defective as to justify
dismissal of the appeal.
LABOR LAW:BACKWAGES AND MORAL DAMAGES; WHEN RECOVERABLE.
Backwages in general are granted on grounds of equity for earnings which a worker
or employee has lost due to illegal dismissal. Upon the other hand, moral damages
are recoverable only where the dismissal of the employee was attended by bad
faith or constituted an act oppressive to labor or was done in a manner contrary to
morals, good customs or public policy while exemplary damages may be awarded
only if the dismissal was effected in a wanton, oppressive or malevolent manner.
COMMERCIAL LAW:CHECKS; CASHIERS CHECK; EQUIVALENT TO ACCEPTANCE.
It is a well-known and accepted practice in the business sector that a cashiers
check is deemed as cash. Moreover, since the said check had been certified by the
drawee bank, by the certification, the funds represented by the check are
transferred from the credit of the maker to that of the payee or holder, and for all
intents and purposes, the latter becomes the depositor of the drawee bank, with
rights and duties of one in such situation. Where a check is certified by the bank on
which it is drawn, the certification is equivalent to acceptance. Said certification
implies that the check is drawn upon sufficient funds in the hands of the drawee,
that they have been set apart for its satisfaction, and that they shall be so applied
whenever the check is presented for payment. It is an understanding that the
check is good then, and shall continue good, and this agreement is as binding on
the bank as its notes in circulation, a certificate of deposit payable to the order of
the depositor, or any other obligation it can assume.

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CIVIL LAW:NOVATION; PAYMENT BY THIRD PERSON DOES NOT RELEASE ORIGINAL
DEBTOR.
It is a very common thing in the business affairs for a stranger to a contract to
assume its obligations; and while this may have the effect of adding to the number
of persons liable, it does not necessarily imply the extinguishment of the liability
of the first debtor. The mere fact that the creditor receives a guaranty or accepts
payments from a third person who has agreed to assume the obligation, when there
is no agreement that the first debtor shall be released from responsibility, does not
constitute a novation, and the creditor can still enforce the obligation against the
original debtor.
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; TREACHERY
It has been repeatedly held by this Court that there exists the qualifying
circumstance of treachery when one takes the life of a person who is asleep. As for
a victim who had just awakened when attacked, there was also treachery because
the victim, who may still be dazed and unprepared for the attack, would not be in
a position to offer any risk or danger of retaliation to the attacker.
REMEDIAL LAW:PROCEDURAL DUE PROCESS IN DISCIPLINARY CASES OF
STUDENTS.
The imposition of disciplinary sanctions requires observance of procedural due
process. And it bears stressing that due process in disciplinary cases involving
students does not entail proceedings and hearings similar to those prescribed for
actions and proceedings in courts of justice. The proceedings in student discipline
cases may be summary; and cross-examination is not, contrary to petitioners view,
an essential part thereof. There are withal minimum standards which must be met
to satisfy the demands of procedural due process; and these are, that (1) the
students must be informed in writing of the nature and cause of any accusation
against them; (2) they shall have the right to answer the charges against them,
with the assistance of counsel, if desired; (3) they shall be informed of the
evidence against them; (4) they shall have the right to adduce evidence in their
own behalf; and (5) the evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear and decide the
case.
LABOR LAW:SECURITY OF TENURE; MANAGERIAL PERSONNEL
Managerial personnel and other employees occupying positions of trust and
confidence are entitled to security of tenure, fair standards of employment, and
the protection of labor laws. However, the rules on termination of employment,
penalties for infractions, and resort to concerted action are not necessarily the
same as those for ordinary employees.
COMMERCIAL LAW:ACCOMODATION PARTY; EXTENT OF LIABILITY.
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An accommodation party liable on the instrument to a holder for value, although
such holder at the time of taking the instrument knew him to be only an
accommodation party, does not include nor apply to corporations which are
accommodation parties. This is because the issue or indorsement of negotiable
paper by a corporation without consideration and for the accommodation of
another is ultra vires. Hence, one who has taken the instrument with knowledge of
the accommodation nature thereof cannot recover against a corporation where it is
only an accommodation party. If the form of the instrument, or the nature of the
transaction, is such as to charge the indorsee with knowledge that the issue or
indorsement of the instrument by the corporation is for the accommodation of
another, he cannot recover against the corporation thereon.

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CIVIL LAW:CONSIGNATION; INAPPLICABLE TO LEASE WITH OPTION TO BUY
In Vda. de Quirino v. Palarca, it was ruled that consignation referred to in Article
1256 of the Civil Code is inapplicable to a lease with option to buy because said
provision refers to consignation as one of the means for the payment or discharge
of a debt, whereas the lessee was not indebted to the lessor for the price of the
leased premises. The lessee merely exercised a right of option and had no
obligation to pay said price until execution of the deed of sale in his favor, which
the lessor refused to do.
CRIMINAL LAW:ESTAFA;WHEN PERIOD OF PRESCRIPTION COMMENCES TO RUN
The period of prescription commences to run from the date of the commission of
the crime if it is known at the time of its commission. Thus, if there is nothing that
was concealed or needed to be discovered, because the entire series of
transactions was by public instruments, duly recorded, the crime of estafa
committed in connection with said transaction was known to the offended party
when it was committed and the period of prescription commenced to run from the
date of its commission.
REMEDIAL LAW:QUANTUM OF EVIDENCE REQUIRED IN PRELIMINARY
INVESTIGATIONS
The quantum of evidence now required in preliminary investigation is such
evidence sufficient to engender a well founded belief as to the fact of the
commission of a crime and the respondents probable guilt thereof. A preliminary
investigation is not the occasion for the full and exhaustive display of the parties
evidence; it is for the presentation of such evidence only as may engender a well
grounded belief that an offense has been committed and that the accused is
probably guilty thereof.
LABOR LAW:STRIKES; ILLEGAL IF UNDERTAKEN DESPITE ASSUMPTION OR
CERTIFICATION BY SECRETARY OF LABOR
A strike that is undertaken despite the issuance by the Secretary of Labor of an
assumption or certification order becomes a prohibited activity and thus illegal,
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pursuant to the second paragraph of Art. 264 of the Labor Code as amended
(Zamboanga Wood Products, Inc. v. NLRC, G.R. 82088, October 13, 1989; 178 SCRA
482). The Union officers and members, as a result, are deemed to have lost their
employment status for having knowingly participated in an illegal act.
COMMERCIAL LAW:AIR TRANSPORTATION; LIABILITY FOR DAMAGES
Assuming arguendo that airline passengers have no vested right to amenities in
case a flight is cancelled due to force majeure, what makes an airline liable for
damages in the instant case is its blatant refusal to accord the so-called amenities
equally to all its stranded passengers who were similarly situated.

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CIVIL LAW:PROPERTY;LIS PENDENS; DEFINED.
Lis pendens is a Latin term which literally means a pending suit or a pending
litigation while a notice of lis pendens is an announcement to the whole world that
a particular real property is in litigation, serving as a warning that one who
acquires an interest over the said property does so at his own risk, or that he
gambles on the result of the litigation over the said property. It is but a signal to
the intending buyer or mortgagee to take care or beware and to investigate the
prospect or non-prospect of the litigation succeeding before he forks down his
money.
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; PREMEDITATION; HOW
APPRECIATED.
Premeditation cannot be appreciated if the evidence does not show when the plan
to kill was hatched, or how much time had elapsed before it was carried out. There
must be a basis for determining whether the accused had sufficient time between
the inception of the plan and its fulfillment to dispassionately consider and accept
its consequences.
REMEDIAL LAW:CRIMINAL PROCEDURE; PROSECUTION OF CRIMINAL CASE;
RESPONSIBILITY OF GOVERNMENT PROSECUTOR.
It is axiomatic that the prosecution of a criminal case is the responsibility of the
government prosecutor and must always be under his control. This is true even if a
private prosecutor is allowed to assist him and actually handles the examination of
the witnesses and the introduction of other evidence. The witnesses, even if they
are the complaining witnesses cannot act for the prosecutor in the handling of the
case. They have no personality to move for its dismissal or revival as they are not
even parties thereto nor do they represent the parties to the action. Their only
function is to testify. In a criminal prosecution, the plaintiff is represented by the
government prosecutor, or one acting under his authority, and by no one else.
LABOR LAW:COLLECTIVE BARGAINING CONTRACT; NON-MEMBER OF UNION
ENTITLED TO BENEFITS.
LEGAL DOCTRINES

In a long line of cases, this Court has held that when a collective bargaining
contract is entered into by the union representing the employees and the
employer, even the non-member employees are entitled to the benefits of the
contract. To accord its benefits only to members of the union without any valid
reason would constitute undue discrimination against nonmembers. It is even
conceded, that a laborer can claim benefits from a CBA entered into between the
company and the union of which he is a member at the time of the conclusion of
the agreement, after he has resigned from said union
ADMINISTRATIVE LAW:AGREED REMEDIES MUST BE RESORTED TO BEFORE
PARTIES MAY RESORT TO ADMINISTRATIVE AGENCIES FOR RELIEF.
When the Constitution and by-laws of both unions dictated the remedy for intra-
union dispute, such as petitioners complaint against private respondents for
unauthorized or illegal disbursement of unions funds, this should be resorted to
before recourse can be made to the appropriate administrative or judicial body,
not only to give the grievance machinery or appeals body of the union the
opportunity to decide the matter by itself, but also to prevent unnecessary and
premature resort to administrative or judicial bodies. Thus, a party with an
administrative remedy must not merely initiate the prescribed administrative
procedure to obtain relief, but also pursue it to its appropriate conclusion before
seeking judicial intervention.

Legal Doctrines 15

CIVIL LAW:CONTRACTS; EXTRAORDINARY INFLATION
It is only when an extraordinary inflation supervenes that the law affords the
parties a relief in contractual obligations.Art. 1250 of the Civil Code provides that
in case an extraordinary inflation or deflation of the currency stipulated should
supervene, the value of the currency at the time of the establishment of the
obligation shall be the basis of the payment, unless there is an agreement to the
contrary. In Filipino Pipe and Foundry Corporation v. NAWASA, the Court
explained extraordinary inflation thus: Extraordinary inflation exists when there
is a decrease or increase in the purchasing power of the Philippine currency which
is unusual or beyond the common fluctuation in the value of said currency, and
such decrease or increase could not have been reasonably foreseen or was
manifestly beyond the contemplation of the parties at the time of the
establishment of the obligation. (Tolentino, Commentaries and Jurisprudence on
the Civil Code, Vol. IV, p. 284.)
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; TREACHERY
The Court a quo properly appreciated the aggravating circumstance of treachery
which qualified the crime to murder. It was clearly established that the accused-
appellant fired six successive shots on the victim, suddenly, without warning, and
from behind, giving the victim no chance to flee or to prepare for his defense or to
put up the least resistance to such sudden assault. There is treachery when the
means, manner or method of attack employed by the offender offered no risk to
himself from any defensive or retaliatory act which the victim might have taken.
LEGAL DOCTRINES

REMEDIAL LAW:CERTIORARI; WILL NOT LIE UNLESS A MOTION FOR
RECONSIDERATION IS FILED FIRST; EXCEPTIONS
The rule is that certiorari as a special civil action will not lie unless a motion for
reconsideration is filed before the respondent tribunal to allow it an opportunity to
correct its imputed errors.[Tan vs. CA, 275 SCRA 568; Quiambao vs. NLRC, 254
SCRA 211.] There are exceptions to the rule, these are: (1) when the issue raised
is purely one of law; (2) where public interest is involved; (3) in cases of
emergency; or (4) where special circumstances warrant immediate or more direct
action.
LABOR LAW:PERMANENT TOTAL DISABILITY; DEFINED
This Court has consistently ruled that disability should not be understood more on
its medical significance but on the loss of earning capacity. Permanent total
disability means disablement of an employee to earn wages in the same kind of
work, or work of similar nature that he was trained for or accustomed to perform,
or any kind of work which a person of [his] mentality and attainment could do. It
does not mean absolute helplessness. [GSIS VS. CA, 285 SCRA 430 (1998); GSIS VS.
CA, 260 SCRA 133 (1996); Bejerano vs. CA, 205 SCRA 598 (1992)] This Court has also
held that in disability compensation, it is not the injury which is compensated, but
rather it is the incapacity to work resulting in the impairment of ones earning
capacity.
COMMERCIAL LAW:NEGOTIABLE INSTRUMENTS; CHECK; NOT LEGAL TENDER;
MERE DELIVERY DOES NOT DISCHARGE OBLIGATION
Since a negotiable instrument is only a substitute for money and not money, the
delivery of such an instrument does not, by itself, operate as payment. A check,
whether a managers check or ordinary check, is not legal tender, and an offer of a
check in payment of a debt is not a valid tender of payment and may be refused
receipt by the obligee or creditor. Mere delivery of checks does not discharge the
obligation under a judgment. The obligation is not extinguished and remains
suspended until the payment by commercial document is actually realized.

Legal Doctrines 16

CIVIL LAW:LAND TITLES; UNRECORDED TITLE OF A HOUSE OF A PRIOR DATE
PREFERRED OVER RECORDED MORTGAGE OF SAME HOUSE
It should not be amiss to state by reference a case wherein the Supreme Court held
that between an unrecorded title of a house of a prior date and a recorded
mortgage of the same house of later date, the former is preferred for the reason
that, if the original owner had parted with his ownership of the thing sold, then he
no longer had the ownership and free disposal of that thing so as to be able to
mortgage it.
CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; CONSPIRACY; NOT NECESSSARY
THAT ALL OF THE ACUSED COMMITTED EACH AND EVERY ACT OF THE OFFENSE
LEGAL DOCTRINES

For a conspiracy to be established, it is not necessary that all of the accused
commit each and every act constitutive of the offense. There is conspiracy where
several accused, by their acts, aimed at the same object, one performing one part
and another performing another part so as to complete it with a view to the
attainment of the same object, and their acts, though apparently independent, are
in fact concerted and cooperative, indicating closeness of personal association,
concerted action and concurrence of sentiments
REMEDIAL LAW:CIVIL PROCEDURE; SERVICE OF PLEADING BY REGISTERED MAIL;
COMPLETED UPON ACTUAL RECEIPT BY ADDRESSEE
The general rule is that service by registered mail is complete upon actual receipt
thereof by the addressee. The exception is where the addressee does not claim his
mail within 5 days from the date of the first notice of the postmaster, in which
case the service takes effect upon the expiration of such period. Inasmuch as the
exception refers to only constructive and not actual service, such exception must
be applied only upon conclusive proof that a first notice was duly sent by the
postmaster to the addressee. The presumption that official duty has been regularly
performed is not applicable where there is evidence to the contrary, as in the case
at bar.
LABOR LAW:DISMISSAL OF EMPLOYEE; DUE PROCESS; TWIN REQUIREMENTS OF
NOTICE AND HEARING
The twin requirements of notice and hearing constitute essential elements of due
process in cases of employee dismissal: the requirement of notice is intended to
inform the employee concerned of the employers intent to dismiss and the reason
for the proposed dismissal; upon the other hand, the requirement of hearing
affords the employee an opportunity to answer his employers charges against him
accordingly to defend himself therefrom before dismissal is effected. Neither of
these two requirements can be dispensed with without running afoul of the due
process requirement of the 1987 Constitution.
COMMERCIAL LAW:LIMITED LIABILITY DOCTRINE; CORPORATE OFFICER MAY BIND
HIMSELF PERSONALLY FOR CORPORATE DEBTS
There is no law that prohibits a corporate officer from binding himself personally
to answer for a corporate debt. While the limited liability doctrine is intended to
protect the stockholder by immunizing him from personal liability for the corporate
debts, he may nevertheless divest himself of this protection by voluntarily binding
himself to the payment of the corporate debts. The petitioner cannot therefore
take refuge in this doctrine that he has by his own acts effectively waived.

Legal Doctrines 17

CIVIL LAW:CONTRACTS; INTENTION OF PARTIES ASCERTAINED BY WORDS USED.
The important task in contract interpretation is always the ascertainment of the
intention of the contracting parties and that task is of course to be discharged by
looking to the words they used to project that intention in their contract, all the
LEGAL DOCTRINES

words not just a particular word or two, and words in context not words standing
alone.
CRIMINAL LAW:MISAPPROPRIATION OF FUNDS; PRESUMPTION MAY BE BASIS OF
CONVICTION; REBUTTAL OF PRESUMPTION.
Article 217 of the Revised Penal Code makes clear that failure of a public officer
to have duly forthcoming any public funds or property with which he is chargeable,
upon demand by any duly authorized officer, merely gives rise to a prima facie
presumption that he has put such missing finds or property to personal use. A
conviction may be founded on the presumption notwithstanding that there is no
direct evidence of misappropriation, if the public officer fails to satisfactorily
explain the shortage in his accounts. But the presumption, being merely prima
facie, may be rebutted and destroyed by competent proof that the accountable
officer has not in truth put the funds or property in question to personal use.
REMEDIAL LAW:CIVIL PROCEDURE; NOTICES; CERTIFICATION BY POSTMASTER.
A certification from the postmaster would be the best evidence to prove that the
notice has been validly sent. The mailman may also testify that the notice was
actually delivered, as we held in Aldecoa vs. Hon. Arellano and Siquenza. The
postmaster should certify not only that the notice was issued or sent but also as to
how, when and to whom the delivery thereof was made. Consequently, it cannot
be too much to expect that when the post office makes a certification regarding
delivery of registered mail, such certification should include the data not only as to
whether or not the corresponding notices were issued or sent but also as to how,
when and to whom the delivery thereof was made.
LABOR LAW:WAGE; DEFINED.
Wage paid to any employee shall mean the remuneration or earnings, however
designated, capable of being expressed in terms of money, whether fixed or
ascertained on a time, task, piece, or commission basis, or other method of
calculating the same, which is payable by an employer to an employee under a
written or unwritten contract of employment for work done or to be done, or for
services rendered or to be rendered and includes the fair and reasonable value, as
determined by the Secretary of Labor, of board, lodging, or other facilities
customarily formatted by the employer to the employee.
COMMERCIAL LAW:TRANSPORTATION; RESPONSIBILITY OF COMMON CARRIERS.
Owing to the nature of their business and for reasons of public policy, common
carriers are tasked to observe extraordinary diligence in the vigilance over the
goods and for the safety of its passengers (Article 1733, New Civil Code). Further,
they are bound to carry the passengers safely as far as human care and foresight
can provide, using the utmost diligence of very cautious persons, with a due regard
for all the circumstances (Article 1755, New Civil Code). Whenever death or injury
to a passenger occurs, common carriers are presumed to have been at fault or to
have acted negligently unless they prove that they observed extraordinary
diligence as prescribed by Articles 1733 and 1755 (Article 1756, New Civil Code).
LEGAL DOCTRINES


Legal Doctrines 18

CIVIL LAW:CONTRACTS; LEASE; PERIOD OF LEASE DEEMED TO BENEFIT BOTH
PARTIES.
It is also important to bear in mind that in a reciprocal contract like a lease, the
period of the lease must be deemed to have been agreed upon for the benefit of
both parties, absent language showing that the term was deliberately set for the
benefit of the lessee or lessor alone. We are not aware of any presumption in law
that the term of a lease is designated for the benefit of the lessee alone.
CRIMINAL LAW:FALSIFICATION OF PUBLIC DOCUMENT; MAY BE A MEANS OF
COMMITTING ESTAFA.
The falsification of a public document may be a means of committing estafa
because before the falsified document is actually utilized to defraud another, the
crime of falsification has already been consummated, damage or intent to cause
damage not being an element of the crime of falsification of public, official or
commercial documents. The damage to another is caused by the commission of
estafa, not by the falsification of the document, hence, the falsification of the
public, official or commercial document is only a necessary means to commit the
estafa.
REMEDIAL LAW:REPLEVIN;DEFENDANT MAY DEMAND RETURN OF PROPERTY BY
FILING REDELIVERY BOND AND WITHIN FIVE DAYS AFTER TAKING OF PROPERTY.
This Court has explained that a defendant in a replevin suit, may demand the
return of possession of the property replevined by filing a redelivery bond executed
to the plaintiff in double the value of the property as stated in the plaintiffs
affidavit, within the periods specified in Sections 5 and 6 of Rule 60 of the Rules of
Court. Under Section 5, petitioner may at any time before the delivery of the
property to the plaintiff require the return of the property; in Section 6, he may
do so, within five (5) days after the taking of the property by the officer. Both
these periods are mandatory in character. Thus, a lower court which approves a
counterbond filed beyond the statutory periods, acts in excess of jurisdiction.
LABOR LAW:CERTIFICATION ELECTION; ONLY MEMBERS OF UNION MAY VOTE;
POWER OF MED-ARBITER TO DETERMINE MEMBERSHIP.
Under Article 256 of the Labor Code, to have a valid certification election at least
a majority of all eligible voters in the unit must have cast their votes. It is
apparent that incidental to the power of the med-arbiter to hear and decide
representation cases is the power to determine who the eligible voters are. In so
doing, it is axiomatic that the med-arbiter should determine the legality of the
employees membership in the union. In the case at bar, it obviously becomes
necessary to consider first the propriety of the employees membership withdrawal
from the cooperative before a certification election can be had.
LEGAL DOCTRINES

COMMERCIAL LAW:INSURANCE; COMPULSORY MOTOR VEHICLE LIABILITY
INSURANCE;INSURERS LIABILITY IMMEDIATE UPON OCCURRENCE OF INJURY.
Compulsory Motor Vehicle Liability Insurance (third party liability, or TPL) is
primarily intended to provide compensation for the death or bodily injuries
suffered by innocent third parties or passengers as a result of a negligent operation
and use of motor vehicles. The victims and or their dependents are assured of
immediate financial assistance, regardless of the financial capacity of the motor
vehicle owners. The insurers liability accrues immediately upon the occurrence of
the injury or event upon which the liability depends, and does not depend on the
recovery of judgment by the injured party against the insured.

Legal Doctrines 19

CIVIL LAW:DAMAGES UNDER ARTICLE 33 OF CIVIL CODE; ONLY PREPONDERANCE
OF EVIDENCE REQUIRED.
To hold a person liable for damages under Article 33 of the Civil Code, only a
preponderance of evidence is required. An acquittal in a criminal case is not a bar
to the filing of an action for civil damages, for one may not be criminally liable and
still be civilly liable. Thus, the outcome or result of the criminal case, whether an
acquittal or conviction, is really inconsequential and will be of no moment in the
civil action.
CRIMINAL LAW:ESTAFA; ATTEMPTED ESTAFA.
Although one of the essential elements of estafa is damage or prejudice to the
offended party, in the absence of proof thereof the offender would at least be
guilty of attempted estafa. Appellant commenced the commission of the crime of
estafa but he failed to perform all the acts of execution which would produce the
crime, not by reason of his own spontaneous desistance but because of his
apprehension by the authorities before he could obtain the amount. Since only the
intent to cause damage and not the damage itself has been shown, respondent
court correctly convicted appellant of attempted estafa.
REMEDIAL LAW:COUNTERBOND OF DEFENDANT; PURPOSE.
To forestall the possession by the plaintiff of the property our procedural law
provides that the defendant must post a counterbond and must furnish the plaintiff
with the copy of the undertaking. Again, if only for the purpose of emphasis, this is
required to protect the plaintiff, should his action be adjudged meritorious. We
need not mention, that this procedure was purposely formulated to allow the
defendant to continue possessing the property. Not to require him to post any bond
would likewise, be counter to the objectives and intent sought by the framers of
the law. In short, whoever holds the property must post the bond to stand as
security to the non-holder pending the final determination of the case.
LABOR LAW:ADJUSTMENT OF MINIMUM WAGE; TWO METHODS.
LEGAL DOCTRINES

Historically, legislation involving the adjustment of the minimum wage made use of
two methods. The first method involves the fixing of determinate amount that
would be added to the prevailing statutory minimum wage. The other involves the
salary-ceiling-method whereby the wage adjustment is applied to employees
receiving a certain denominated salary ceiling. The first method was adopted in
the earlier wage orders, while the latter method was used in R.A. Nos. 6640 and
6727. Prior to this, the salary-ceiling-method was also used in no less than eleven
issuances mandating the grant of cost-of-living allowances.
COMMERCIAL LAW:INSURANCE; INJURED CAN SUE DIRECTLY THE INSURER.
The injured for whom the contract of insurance is intended can sue directly the
insurer. The general purpose of statutes enabling an injured person to proceed
directly against the insurer is to protect injured persons against the insolvency of
the insured who causes such injury, and to give such injured person a certain
beneficial interest in the proceeds of the policy, and statutes are to be liberally
construed so that their intended purpose may be accomplished. It has even been
held that such a provision creates a contractual relation which inures to the
benefit of any and every person who may be negligently injured by the named
insured as if such injured person were specifically named in the policy.

Legal Doctrines 20

CIVIL LAW:ARTICLE 33 OF THE CIVIL CODE; REASON FOR BURDEN OF PROOF
To subordinate the civil action contemplated in Arts. 33 and 2177 of the Civil Code
to the result of the criminal prosecution would render meaningless the
independent character of the civil action when, on the contrary, the law provides
that such civil action may proceed independently of the criminal proceeding and
regardless of the result of the latter. Art. 33 of the Civil Code contemplates a civil
action for recovery of damages that is entirely unrelated to the purely criminal
aspect of the case. This is the reason why only a preponderance of evidence and
not proof beyond reasonable doubt is deemed sufficient in such civil action.
CRIMINAL LAW:ESTAFA; DECEIT DEFINED
Basically, the two essential requisites of fraud or deceit and damage or injury must
be established by sufficient and competent evidence in order that the crime of
estafa may be established. Deceit is the false representation of a matter of fact
(whether by words or conduct, by false or misleading allegations, or by
concealment of that which should have been disclosed) which deceives or is
intended to deceive another so that he shall act upon it to his legal injury. The
fact that appellant was the possessor and utterer of the checks in question and
having benefited from the subsequent withdrawals, as well as having attempted to
gain by trying to withdraw an amount thereon, the inevitable conclusion would be
that he was the one who falsified said checks. Ineluctably, the use of the spurious
checks is by itself fraud or deceit.
REMEDIAL LAW:EVIDENCE; MUST NOT ONLY PROCEED FROM A CREDIBLE SOURCE
BUT MUST BE CREDIBLE IN ITSELF
LEGAL DOCTRINES

As repeatedly expounded by this Court, evidence to be worthy of credit, must not
only proceed from a credible source but must, in addition, be credible in itself.
And by this is meant that it shall be natural, reasonable and probable as to make it
easy to believe. No better test has yet been found to determine the value of the
testimony of a witness than its conformity to the knowledge and common
experience of mankind. As bewailed by the court below, the theory espoused by
appellant is taxing too much the credulity of this Court, an insult to the humble
intelligence and the common sense of this Court.
LABOR LAW:TAKING OF PRIVATE PROPERTY UNDER CARP LAW
The issue of the constitutionality of the taking of private property under the CARP
Law has already been settled by this Court holding that where the measures under
challenge merely prescribe the retention limits for landowners, there is an exercise
of police power by the government, but where to carry out such regulation, it
becomes necessary to deprive such owners of whatever lands they may own in
excess of the maximum area allowed, then there is definitely a taking under the
power of eminent domain for which payment of just compensation is imperative.
To be sure, the determination of just compensation is a function addressed to the
courts of justice and may not be usurped by any branch or official of the
government.
COMMERCIAL LAW:INVOLUNTARY INSOLVENCY; EFFECT OF INSTITUTION OF
BANKRUPTCY PROCEEDING
The petitioners contend, too, that the respondent banks have come to court with
unclean hands, their filing of the petition for involuntary insolvency being an
attempt to defeat validly acquired rights of domestic corporations. The Court
wishes to simply point out that the effects of the institution of bankruptcy
proceedings on all the creditors of the alleged bankrupt are clearly spelled out by
the law, and will be observed by the Insolvency Court regardless of whatever
motives apart from the desire to share in the assets of the insolvent in satisfying its
credit that the party instituting the proceedings might have.

Legal Doctrines

Weve compiled legal doctrines enunciated in the decisions of the Supreme
Court in different areas of the law.
CIVIL LAW: REFORMATION OF WRITTEN INSTRUMENTS; DEFINED
Reformation of an instrument is that remedy in equity by means of which a written
instrument is made or construed so as to express or conform to the real intention
of the parties when some error or mistake has been committed. It is predicated on
the equitable maxim that equity treats as done that which ought to be done. The
rationale of the doctrine is that it would be unjust and unequitable to allow the
enforcement of a written instrument which does not reflect or disclose the real
meeting of the minds of the parties. However, an action for reformation must be
brought within the period prescribed by law, otherwise, it will be barred by the
mere lapse of time.
LEGAL DOCTRINES

CRIMINAL LAW: DEFENSE OF INSANITY; BURDEN ON DEFENSE; MERE
ABNORMALITY DOES NOT PRECLUDE IMPUTABILITY
The defense of insanity is in the nature of confession and avoidance. Like the
justifying circumstance of self-defense, the burden is on the defense to prove
beyond reasonable doubt that accused-appellant was insane immediately before
the commission of the crime or at the very moment of its execution. In other
words, a defendant in a criminal case who interposes the defense of mental
incapacity has the burden of establishing the fact that he was insane at the very
moment when the crime committed. There must be complete deprivation of reason
in the commission of the act, or that the accused acted without discernment,
which must be proven by clear and positive evidence. The mere abnormality of his
mental faculties does not preclude imputability. Indeed, a man may act crazy but
it does not necessarily and conclusively prove that he is legally so. The non-
medical opinion of defense counsel that accused-appellant was bordering on
insanity hardly measures up to the foregoing yardsticks. In the light of the positive
testimony of the victim proving accused-appellant_s criminal accountability, this
bare and unsubstantiated defense must perforce fail.
REMEDIAL LAW: WRIT OF MANDAMUS; PRINCIPAL FUNCTION; WHEN ISSUED
In order that a writ of mandamus may aptly issue, it is essential that, on the one
hand, the person petitioning for it has a clear legal right to the claim that is sought
and that, on the other hand, the respondent has an imperative duty to perform
that which is demanded of him. Mandamus will not issue to enforce a right, or to
compel compliance with a duty, which is questionable or over which a substantial
doubt exists. The principal function of the writ of mandamus is to command and
to expedite, not to inquire and to adjudicate; thus, it is neither the office nor the
aim of the writ to secure a legal right but to implement that which is already
established. Unless the right to the relief sought is unclouded, mandamus will not
issue.
LABOR LAW: EMPLOYERS RIGHT TO CONDUCT THE AFFAIRS OF HIS BUSINESS;
CRITERION TO GUIDE EXERCISE OF MANAGEMENT PREROGATIVE
The employer_s right to conduct the affairs of his business, according to its own
discretion and judgment, is well-recognized. An employer has a free reign and
enjoys wide latitude of discretion to regulate all aspects of employment, including
the prerogative to instill discipline in its employees and to impose penalties,
including dismissal, upon erring employees. This is a management prerogative,
where the free will of management to conduct its own affairs to achieve its
purpose takes form. The only criterion to guide the exercise of its management
prerogative is that the policies, rules and regulations on work-related activities of
the employees must always be fair and reasonable and the corresponding
penalties, when prescribed, commensurate to the offense involved and to the
degree of the infraction.
COMMERCIAL LAW: INSURANCE; INSURABLE INTEREST IN PROPERTY
LEGAL DOCTRINES

It has also been held that the test of insurable interest in property is whether the
assured has a right, title or interest therein that he will be benefited by its
preservation and continued existence or suffer a direct pecuniary loss from its
destruction or injury by the peril insured against. If the defendants were to be
regarded as only a lessee, logically the lessor who asserts ownership will be the
one directly benefited or injured and therefore the lessee is not supposed to be
the assured as he has no insurable interest.