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Ipinapakita ang mga post na may etiketa na law. Ipakita ang lahat ng mga post

Miyerkules, Setyembre 24, 2014

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. 

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).

Martes, Setyembre 23, 2014

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).

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)

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)