The Court held in
People v. Perez, that hymenal
lacerations, whether healed or fresh, are the best evidence of forcible
defloration. And when the consistent and forthright testimony of a rape victim
is consistent with medical findings, there is sufficient basis to warrant a
conclusion that the essential requisites of carnal knowledge have been
established.
Miyerkules, Setyembre 24, 2014
Did a person commit rape if he had sexual congress with a girl under 12 years old?
Sexual congress
with a girl under 12 years old is always rape. (People v. Perez, G.R. No. 182924,
December 24, 2008, 575 SCRA 653, 681.)
In this type of
rape, force and intimidation are immaterial; the only subject of inquiry is the
age of the woman and whether carnal knowledge took place. The law presumes that the victim does
not and cannot have a will of her own on account of her tender years; the
child’s consent is immaterial because of her presumed incapacity to discern
evil from good.
Mga etiketa:
criminal law,
girl 12 yrs under,
rape,
remedial law
What are the requisites for a charge of rape to prosper?
For a charge of
rape to prosper under Article 266-A of the Revised Penal Code, as amended, the
prosecution must prove that (1) the offender had carnal knowledge of a woman;
and (2) he accomplished such act through force, threat, or intimidation, or
when she was deprived of reason or otherwise unconscious, or when she was under
12 years of age or was demented. (People v. Trayco, G.R. No. 171313, August 14,
2009, 596 SCRA 233, 244)
Mga etiketa:
criminal law,
rape,
remedial law,
requisites of rape,
revised penal code
What is the effect in a charge of murder if there was no evidence of treachery?
Without evident
premeditation, and without any evidence to appreciate the aggravating
circumstance of treachery in the killing, the accused can only be held liable
as principal for the crime of homicide as defined and penalized under Article
249 of the Revised Penal Code.
Mga etiketa:
absence of treachery,
crime,
criminal law,
effect,
remedial law
Is it a requirement for witnesses to know the names of the assailants?
Witnesses need not know the names
of the assailants, as long as they recognize the latter’s faces. What is
imperative is that, on the basis of their personal knowledge, the witnesses are
positive as to the physical identification of the perpetrators. (People v. Sorila, Jr., 578 Phil. 931 [2008]).
Thus, it was sufficient that the
witnesses were able to identify the accused in the crime scene and when they
took the witness stand.
Mga etiketa:
crime,
criminal law,
criminal procedure,
law,
remedial law,
witness
When is there treachery?
There is
treachery when the offender commits any of the crimes against persons by
employing means, methods or forms that tend directly and especially to ensure
its execution without risk to the offender arising from the defense that the
offended party might make.
What are the requisites that the prosecution must prove in a murder charge?
For the
charge of murder to prosper, the prosecution must prove the following: (1) the
offender killed the victim, and (2) the killing was done through treachery, or
by any of the five other qualifying circumstances, duly alleged in the
Information. (People v.
Gabrino,G.R. No. 189981, 9 March 2011, 645 SCRA 187.)
Mga etiketa:
crime,
criminal law,
criminal procedure,
murder
Failure to pay the docket fees
Problem:
David M.
Wenceslao received a copy of the trial court's Order dismissing his complaint
filed on May 14, 2004. On May 17, 2004, Wenceslao filed its notice of appeal
within the reglementary period. Wenceslao paid the required docket fees only on
October 20, 2004, or late by almost five months. The CA dismissed the appeal.
Was the CA
correct in dismissing Wenceslao appeal?
Answer:
Petitioner failed
to perfect its appeal.
The rule is that appellate court docket and other lawful fees
must be paid within the period for taking an appeal. Section 1(c), Rule
50 of the Rules provides that “Section 1. Grounds
for dismissal of appeal.–An appeal may be dismissed by the Court of
Appeals, on its own motion or on that of the appellee, on the following
grounds: xxx (c) Failure of the appellant to pay the docket and other lawful
fees as provided in Section 4 of Rule 41;
Hence,
the CA, on its own motion or that of the appellee, may dismiss the appeal on
the ground that appellant failed to pay the docket and other lawful fees.
Mga etiketa:
appeal,
civil procedure,
docket fees,
remedial law
An appeal is a statutory privilege not a natural right.
The right to appeal is not a natural
right. It is also not part of due process. It is merely a statutory privilege
and may be exercised only in the manner and in accordance with the provisions
of law. Thus, one who seeks to avail of the right to appeal must comply with
the requirements of the Rules. Failure to do so often leads to the loss of the
right to appeal.
Charter party v. contract of affreightment
A charter party is a contract by
which an entire ship, or some principal part thereof, is let by the owner to
another person for a specified time or use; a contract of affreightment is one
by which the owner of a ship or other vessel lets the whole or part of her to a
merchant or other person for the conveyance of goods, on a particular voyage,
in consideration of the payment of freight.
A contract of affreightment may be
either time charter,
wherein the leased vessel is leased to the charterer for a fixed period of
time, or voyage charter, wherein the ship is
leased for a single voyage. In both cases, the charter-party provides for the
hire of the vessel only, either for a determinate period of time or for a
single or consecutive voyage, the ship owner to supply the ship's store, pay
for the wages of the master of the crew, and defray the expenses for the
maintenance of the ship.
Under a demise or
bareboat charter on the other
hand, the charterer mans the vessel with his own people and becomes, in effect,
the owner for the voyage or service stipulated, subject to liability for
damages caused by negligence.
Political question
In short, the term "political question"
connotes, in legal parlance, what it means in ordinary parlance, namely, a
question of policy. In other words, in the language of Corpus Juris Secundum
(supra), it refers to "those questions which, under the Constitution, are
to be decided by the people in their sovereign capacity, or in regard to which
full discretionary authority has been delegated to the Legislature or executive
branch of the Government." It is concerned with issues dependent upon the
wisdom, not legality, of a particular measure. (Taňada v. Cuenco, G.R. No. L-10520, February 28, 1957).
Mga etiketa:
law,
policy,
Political Law,
political question,
tanada v. cuenco
Grave abuse of discretion
"By
grave abuse of discretion is meant capricious and whimsical exercise of
judgment as is equivalent to lack of jurisdiction. Mere abuse of discretion is
not enough. It must be grave abuse of discretion as when the power is exercised
in an arbitrary or despotic manner by reason of passion or personal hostility,
and must be so patent and so gross as to amount to an evasion of a positive
duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation
of law." (DORELCO v. NLRC, G.R.
No. 128389 November 25, 1999.)
Mga etiketa:
grave abuse of discretion,
labor law,
remedial law
Administrative due process cardinal principles
In
Ang Tibay v. Court of Industrial Relations, due process in administrative proceedings requires
compliance with the following cardinal principles: (1) the respondents’ right
to a hearing, which includes the right to present one’s case and submit
supporting evidence, must be observed; (2) the tribunal must consider the
evidence presented; (3) the decision must have some basis to support itself;
(4) there must be substantial evidence; (5) the decision must
be rendered on the evidence presented at the hearing, or at least contained in
the record and disclosed to the parties affected; (6) in arriving
at a decision, the tribunal must have acted on its own consideration of the law
and the facts of the controversy and must not have simply accepted the views of
a subordinate; and (7) the decision must be rendered in such manner that
respondents would know the reasons for it and the various issues involved.
Martes, Setyembre 23, 2014
Administrative due process over substantive due process
In Ledesma v. Court of Appeals, it elaborated on the
well established doctrine of due process in administrative proceedings as
follows:
Due process, as a constitutional precept, does not always and in
all situations require a trial-type proceeding. Due process is satisfied when a
person is notified of the charge against him and given an opportunity to
explain or defend himself. In administrative proceedings, the filing of charges
and giving reasonable opportunity for the person so charged to answer the
accusations against him constitute the minimum requirements of due process. The
essence of due process is simply to be heard, or as applied to administrative
proceedings, an opportunity to explain one’s side, or an opportunity to seek a
reconsideration of the action or ruling complained of.
What is due process of law?
By
"due process of law" we mean "a law which hears before it
condemns; which proceeds upon inquiry, and renders judgment only after trial.
... ." (4 Wheaton, U.S. 518, 581.)"; or, as this Court has said,” "Due
process of law" contemplates notice and opportunity to be heard before
judgment is rendered, affecting one's person or property" (Lopez vs.
Director of Lands, 47 Phil. 23, 32).
Is the YMCA an educational institution within the purview of Article XIV, Section 4, par. 3 of the Constitution?
No. The term "educational institution" or
"institution of learning" has acquired a well-known technical
meaning.
Under the Education Act of 1982, such term refers to schools. The school system is synonymous
with formal education, which
"refers to the hierarchically structured and chronologically graded
learnings organized and provided by the formal school system and for which
certification is required in order for the learner to progress through the
grades or move to the higher levels." The
Court has examined the "Amended Articles of Incorporation" and
"By-Laws" of the YMCA, but found nothing in them
that even hints that it is a school or an educational institution.
Furthermore, under the Education Act of 1982, even non-formal education
is understood to be school-based and "private auspices such as foundations
and civic-spirited organizations" are ruled out. It is settled that the term
"educational institution," when used in laws granting tax exemptions,
refers to a ". . . school seminary, college or educational establishment .
. . ." Therefore, the
private respondent cannot be deemed one of the educational institutions covered
by the constitutional provision under consideration.
One of the characteristics of an insurance contract
Contracts of insurance are
contracts of indemnity upon the terms and conditions specified in the policy.
The agreement has the force of law between the parties. The terms of the policy
constitute the measure of the insurer's liability. If such terms are clear and
unambiguous, they must be taken and understood in their plain, ordinary and
popular sense (Pacific Banking Corp. vs. Court of Appeals, G.R. No. 41014, Nov.
28, 1988).
Crisostomo v. CA, 409 SCRA 528 (2003)
Problem:
Estela L. Crisostomo contracted the
services of Caravan Travel and Tours International, Inc. to arrange and
facilitate her booking, ticketing and accommodation in a tour dubbed
"Jewels of Europe". The package tour cost her P74, 322.70. She was
given a 5% discount on the amount, which included airfare, and the booking fee
was also waived because petitioner’s niece, Meriam Menor, was former’s
company’s ticketing manager.
Menor went to her aunt’s
residence on a Wednesday to deliver petitioner’s travel documents and plane
tickets. Estela, in turn, gave Menor the full payment for the package tour.
Menor then told her to be at the Ninoy Aquino International Airport (NAIA) on
Saturday, two hours before her flight on board British Airways.
Without checking her
travel documents, Estela went to NAIA on Saturday, to take the flight for the
first leg of her journey from Manila to Hongkong. She discovered that the
flight she was supposed to take had already departed the previous day. She
learned that her plane ticket was for the flight scheduled on June 14, 1991.
She thus called up Menor to complain.
Subsequently,
Menor prevailed upon Estela to take another tour the "British Pageant”,
which cost P20, 881.00. She gave caravan travel and tours P7, 980.00 as partial
payment and commenced the trip in July 1991.
Upon
petitioner’s return from Europe, she demanded from respondent the reimbursement
of P61, 421.70, representing the difference between the sum she paid for
"Jewels of Europe" and the amount she owed respondent for the
"British Pageant" tour. Despite several demands, respondent company
refused to reimburse the amount, contending that the same was non-refundable.
Estela
filed a complaint against Caravan travel and Tours for breach of contract of
carriage and damages.
A) Will the action prosper?
B) Will she be entitled to damages?
Answer:
No, for
there was no contract of carriage.
By
definition, a contract of carriage or transportation is one whereby a certain
person or association of persons obligate themselves to transport persons,
things, or news from one place to another for a fixed price.
From the above
definition, Caravan Travel and Tours is not an
entity engaged in the business of transporting either passengers or goods and
is therefore, neither a private nor a common carrier. Caravan Travel and Tours
did not undertake to transport Estela from one place to another since its
covenant with its customers is simply to make travel arrangements in their
behalf. Caravan travel and tour’s services as a travel agency include procuring
tickets and facilitating travel permits or visas as well as booking customers
for tours.
While
Estela concededly bought her plane ticket through the efforts of respondent
company, this does not mean that the latter ipso facto is a common carrier. At
most, Caravan Travel and Tours acted merely as an agent of the airline, with
whom the former ultimately contracted for her carriage to Europe.
B) No.
The
negligence of the obligor in the performance of the obligation renders him
liable for damages for the resulting loss suffered by the obligee. Fault or
negligence of the obligor consists in his failure to exercise due care and
prudence in the performance of the obligation as the nature of the obligation
so demands.
In the case at bar, Caravan
Travel and Tours exercised due diligence in performing its obligations under
the contract and followed standard procedure in rendering its services to
Estela. The plane ticket issued to petitioner clearly reflected the departure
date and time, contrary to Estela’s contention. The travel documents,
consisting of the tour itinerary, vouchers and instructions, were likewise
delivered to her two days prior to the trip. The Caravan Travel and Tours also
properly booked Estela for the tour, prepared the necessary documents and
procured the plane tickets. It arranged Estela’s hotel accommodation as well as
food, land transfers and sightseeing excursions, in accordance with its avowed
undertaking.
From the foregoing, it is
clear that the Caravan Travel and Tours performed its prestation under the
contract as well as everything else that was essential to book Estela for the
tour.
Hence, Estela cannot recover and must bear her own damage.
What is ut magis valeat quam pereat?
The
Constitution is to be interpreted as a whole. (Francisco v. House of Rep., G.R. No. 160261,
Nov.10, 2003)
Mga etiketa:
Constitution,
construction,
law,
political
What is ratio legis et anima?
When there
is ambiguity, the words of the Constitution should be interpreted in accordance
with the intent of its framers. (Francisco v. House of Rep., G.R. No. 160261,
Nov.10, 2003)
Mga etiketa:
Constitution,
constitutional construction,
law,
political
What is verba legis?
verba
legis is a
constitutional construction principle which means that wherever possible, the
words used in the Constitution must be given their ordinary meaning except where technical terms are
employed. (Francisco v. House of
Rep., G.R. No. 160261, Nov.10, 2003)
What is the effect when a state acquired the territory of another state?
It
is a general principle of the public law that on acquisition of territory the
previous political relations of the ceded region are totally abrogated. "As
a matter of course, all laws, ordinances and regulations in conflict with the
political character, institutions and Constitution of the new government are at
once displaced (Chicago, Rock Island and Pacific Railway Co. vs. McGlinn [1885], 114 U.S., 542).
Divisions of Political Law
Political law embraces
constitutional law, law of public corporations, administrative law including
the law on public officers and elections. (Macariola
vs. Asuncion, 114 SCRA 77 [1982])
Definition of Political Law
Political
Law has been defined as that branch of public law which deals with the
organization and operation of the governmental organs of the State and define
the relations of the state with the inhabitants of its territory (People vs.
Perfecto, 43 Phil. 887, 897 [1922]).
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