Purpose of Reconstitution (Land Titles and Deeds) The whole theory of reconstitution is to reproduce or replace records lost or destroyed so that said records may be complete and court proceedings may continue from the point or stage where said proceedings stopped due to the loss of the records. The […]
Howard
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CHARACTERISTICS OF CONTRACT OF SALE: 1. Consensual – contract is by mere consent. There is meeting of minds. 2. Bilateral Reciprocal – both parties are bound by obligations. 3. Onerous – Valuable considerations must be given in order to acquire rights. 4. Commutative – Values exchanged are almost equivalent to […]
A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. Who may file a complaint? The complaint may be filed by the offended party, any peace officer, […]
The complaint or information should be in writing so that the court has a basis for its decision, to inform the accused of the nature and cause of the accusation to allow him to present his defense, and so that nobody will forget the charge, given the fallibility of human […]
Criminal actions must be commenced in the name of the People because just as a crime is an outrage against the peace and security of the people at large, so must its vindication be in the name of the People. However, it the action is instituted in the name of […]
The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
G.R. No. 171396 – 522 Phil. 705 – 489 SCRA 160 – Political Law – The Executive Branch – Presidential Proclamation 1017 – Take Care Clause – Take Over Power – Calling Out PowerBill of Rights – Freedom of Speech – Overbreadth In February 2006, due to the escape of some […]
CONTRACT OF SALE: One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional.
G.R. No. 106064 – 509 Phil. 486 – 472 SCRA 505 – Political Law – Constitutional Law – The Executive Department – Qualified Political Agency – when not applied – Borrowing Powers of the President During the Corazon Aquino regime, her administration came up with a scheme to reduce […]
G.R. No. L-45685 – 65 Phil. 56 – Political Law – Constitutional Law – Separation of Powers – Judicial Power; Judicial Review – Undue Delegation of Powers – Power to Pardon Constitutionality of Laws – May the State Question Its Own Laws In 1934, Mariano Cu Unjieng was convicted in a criminal case […]
WHO ARE PROTECTED Equal protection is available to all persons, natural as well as juridical. Artificial persons, however, are entitled to the protection only insofar as their property is concerned. By constitutional reservation, certain rights are enjoyable only by citizens, such as the rights to vote, hold public office, exploit […]
EQUAL PROTECTION Equal protection simply requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others. Substantive equality […]
Administrative Due Process Includes (a) the right to notice, be it actual or constructive, of the institution of the proceedings that may affect a person’s legal right; (b) reasonable opportunity to appear and defend his rights and to introduce witnesses and relevant evidence in his favor; (c) a tribunal so […]
They are: (1) the right to a hearing, which includes the right to present one’s case and submit evidence in support thereof; (2) the tribunal must consider the evidence presented; (3) the decision must have something to support itself; (4) the evidence must be substantial; (5) the decision must be […]
CERTIORARI defined: When any tribunal, board, or officer exercising judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby […]
G.R. No. 169013 – 594 Phil. 451 – 574 SCRA 41 – Remedial Law – Due Process – Certiorari; when available – Service of Summons In 1996, Godofredo Cuanan, while being a school principal in San Antonio, Nueva Ecija, was charged with sexual harassment. DECS Region III created an investigating […]