Volume 179

Leave is based on attendance in accordance with the forty hours-a-week law to give respite when
needed and without loss of pay to officers and employees whose hours of work are fixed. Maleniza vs.
Commission on Audit, 179 SCRA 408.

Volume 178

Lis pendens is a Latin term which literally means a pending suit or pending litigation while a notice of
Lis pendens is an announcement to the whole worlod 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 rish, or
that he gambles on the results of the litigation over the said property. People vs. Regional Trial Court
of Manila. 178 SCRA 299.

A “lien” is a charge on property usually for the payment of some debt or obligation. People vs.
Regional Trial Court of Manila. 178 SCRA 299.

The word “sublet” has a clear and distinct meaning, that is, it means to make a sublease, accompanied
by a surrender of the possession and control of the premises, or at least a part of thereof. Mallarte vs.
Court of Appeals. 178 SCRA 310.

Police power is the state authority to enact legislation that may interfere with personal liberty or
property in order to promote the general welfare. Pita vs. Court of Appeals. 178 SCRA 362.

Fraud as that insidious words or machinations of one of the contracting parties, by which the other is
induced to enter into a contract which, without them he would not have agreed to. Abando vs. Lozada.
178 SCRA 509.

Good faith refers to a state of the mind which is manifested by the acts of the individual concerned.
Abando vs. Lozada. 178 SCRA 509.

A real action is an action affecting title to real property, or for the recovery of possession, or for the
partition or condemnation of, or foreclosure of a mortgage on real property. Fortume Motors, (Phils.),
Inc. vs. Court of Appeals.178 SCRA 564.
Volume 177

The term “personal cultivation” cannot be given a restricted connotation to mean a right personal and
exclusive to either lessor or lessee. In either case, the right extends to the members of the lessor's or
lessee's immediate family members. Bonifacio vs. Dizon. 177 SCRA 294.

Doctrine of “unjust enrichment” means that a person shall not be allowed to profit or enrich himself
inequitably at another's expense. Soriano vs. Court of Appeals. 177 SCRA 330.

A contract of affreightment is a contact with the shipowner to hire his ship or part of it, for the carriage
of goods, and generally takes the form either of a charter party or a billing od lading. Market
Developers, Inc. vs. Intermidiate Appellate Court. 177 SCRA 393.

A resident foreign corporation is the one that is engaged in trade or business in the Philippines.
Marubeni Corporation vs. Commissioner on Internal Revenue. 177 SCRA 500.

Tenants refers to the rightful occupant of land and its structures, but does not include those whose
presence on the land is merely tolerated and without the benefit of contract, those who enter the land by
force or deceit, or those whose possession is under litigation. Guzman vs. Court of Appeals. 177 SCRA
604.

Volume 176

No Words and Phrases.

Volume 175

The simple meaning of procedural due process is that a party to a case must be given sufficient
opportunity to be heard. Its very essense is to allow all parties opportunity to present evidence. Robusta
Agro Marine Products, Inc. vs. Gorombalem. 175 SCRA 93.

A margin levy on foreign exchange is a form of exchage control or restriction designed to discourage
imports and encourage exports, and ultimately curtail any excessive demand upon the international
reserve in order to stabilize the currency. Esso Standard Eastern, Inc. vs. Commissioner of Internal
Revenue. 175 SCRA 149.

By custodial interrogation is meant “questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant way.”
People vs. Ayson. 175 SCRA 216.

A holder in due course is the one who takes the instrument in good faith and for value. State Investment
House vs. Intermidiate Appellate Court. 175 SCRA 310.

An appropriation law is one the primary and specific purpose of which is to authorize the release of
public funds from the treasury. Association of Small Landowners in the Philippines, Inc. vs. Secretary
of Agrarian Reform. 175 SCRA 343.

Classification has been defined as the grouping of persons or things similar to each other in certain
particulars and differet for each other in these same particulars. Association of Small Landowners in the
Philippines, Inc. vs. Secretary of Agrarian Reform. 175 SCRA 343.

Eqaul protection means that all persons or things similarly situated must be treated alike both as to the
rights conferred and the liabilites imposed. Association of Small Landowners in the Philippines, Inc. vs.
Secretary of Agrarian Reform. 175 SCRA 343.

Eminent domain is an inherent power of the State that enables in to forcibly acquire private lands
intended for public use upon payment of just compensation to the owner. Association of Small
Landowners in the Philippines, Inc. vs. Secretary of Agrarian Reform. 175 SCRA 343.

The term “political question” connotes what it means in ordinary, parlance, namely, a question of
policy. 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
legislative or executive branch of the government.” it is concerned with issues dependent upon the
wisdom, not legality, of a particular measure. Association of Small Landowners in the Philippines, Inc.
vs. Secretary of Agrarian Reform. 175 SCRA 343.

Just compensation is deifned as the full and fair equivalent of the property taken from its owner by the
expropriator. Association of Small Landowners in the Philippines, Inc. vs. Secretary of Agrarian
Reform. 175 SCRA 343.
By “immediate farm household,” the law means the members of the family of the lessee or lessor and
other persons who are dependent upon him for support and who usually help him in his activities. De
Jesus vs. Intermidiate Appellate Court. 175 SCRA 559.

Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. Rubberworld (Phil.),. Inc. vs. National Labor Relations Commision.
175 SCRA 450.

Residential Unit refers to an apartment, house and/or land on which another's dwelling is located, used
for residential purposes and shall include not only buildings, parts or units thereof used soley as
dwelling places. Caudal vs. Court of Appeals. 175 SCRA 798.

Volume 174

A project employee is one whose employment has been fixed for a specfic project or undetaking the
completion or termination of which has been determined at the time of the engagement of the employee
or where the work or services to be performed is a seasonal in nature and the employment is for the
duration of the season. Philippine National Construction Corporation vs. National Labor Relations
Commission. 174 SCRA 191.

Managerial employee is one who is vested with powers or prerogatives to lay down and execute
management policies and/or to hire transfer, suspend, lay-off, recall, discharge, assign or discipline
employees, or to effectively recommend such managerial actions. Philtranco Services Enterprises vs.
Bureau of Labor Relations. 174 SCRA 388.

The so-called “incontestability clause” precludes the insurer from raising the defenses of false
representations or concealment of material facts insofar as health and previous diseases and concerned
if the insurance has been in force for at least two (2) years during the insured's lifetime. Tan vs. Court
of Appeals. 174 SCRA 403.

The purchase discount is defined as the difference between the value of the receivable purchased or
credit assigned, and the net amount paid by the finance company for such pruchase or assignment,
exclusive of fees, service charges, interest and other charges incident to the extension of the credit.
Emata vs. Intermidiate Appellate Court. 174 SCRA 464.

A third-party complaint is a claim that a defending party may, with leave of court, file against a person
not a party to the action, called the third-party defendant, for contribution, indemnity, subrogation or
any other relief in respect of his opponent's claim. Emata vs. Intermidiate Appellate Court. 174 SCRA
464.

Estoppel in pais (equitable estoppel) arises when one, by his acts, representations or admissions, or by
his silence when he ought to speak out, intentionally, or through culpable negligence, induces another
to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be
prejudiced if the former is permitted to deny the existence of such facts. Panay Electric Co., Inc. vs.
Court of Appeals. 174 SCRA 500.

The term “legal heirs” is broad enough to cover any person who is called to the succession either by
provision of a will or by operation of law. Madarcos vs. De la Merced. 174 SCRA 599.

Volume 173

The doctrine of laches or of “stale demands” is based upon grounds of public policy which requires, for
the peace of society, the discouragement of stale claims and unlike the statute of limitations, is not a
mere question of time but is principally a question of the inequity or unfairness of permitting a right or
claim to be enforced or asserted. Bergado vs. Court of Appeals. 173 SCRA 497.

The term oral defamation or slander as now understood, has been defined as the speaking of based and
defamatory words which tend to prejudice another in his reputation, office, trade, business or means of
livelihood. Victorio vs. Court of Appeals. 173 SCRA 645.

Volume 172

Legal redemption is in the nature of a privilllege created by law partly for reasons of public policy and
partly for the benefit and convenience of the redemptioner, to afford him a way out of what might be
disagreeable or incovenient association into which he has thrust. Tan vs. Court of Appeals. 172 SCRA
660.

A managerial employee is defined as on who is vested with powers or prerogatives to lay down and
execute management policies and/or hire, transfer, suspend, lay-foff, recall, discharge, assign or
discipline employees, or to effectively recommend such managerial actions. Southern Philippines
Federation of Labor (SPFL) vs. Calleja. 172 SCRA 676.
Forum shopping is where a party, as a result of an adverse opinion in one forum, seeks a favorable
opinion in another. Villanueva vs. Adre. 172 SCRA 876.

Volume 171

A constructive discharge is defined as: “a quitting because continued employment is rendered

impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay.
Phil. Japan Active Carbon Corp. vs. National Labor Relations Commission. 171 SCRA 164.

Loss of confidence should not be simulated. It should not be unsed as a subterfuge for causes which are
improper, illegal or unjustified. Loss of confidence may not be arbitrarily asserted in the face of
overwhelming evidence to the contrary. It must be genuine, not a mere afterthough to justify earlier
action taken in bad faith. Starlite Plastic Industrial Corp. vs. National Labor Relations Commission.
171 SCRA 315.

Law of the Case has been defined as the opinion delivered on a former appeal. More specifically, it
means that whatever is once irrevocably established, as the controlling legal rule of decision between
the same parties in the same case continues to be the law of the case, whether correct on general
principles or not, so long as the facts n which such decision was predicated continue to be the facts of
the case before the court. Jaranilla vs. Court of Appeals. 171 SCRA 429.

A final judgment, order or decree is one that finally disposes of, adjudicates or determines the rights or
some right or rights of the parties, either on the entire controversy or on some definite and separate
branch thereof, and which concludes them until it is reversed or set aside. Gold City Integrated Port
Services, Inc. (INPORT) vs. Intermidiate Appellate Court. 171 SCRA 579.

The test in determining whether or not a judgment or order is final is whether or not something remains
to be done by the court. Gold City Integrated Port Services, Inc. (INPORT) vs. Intermidiate Appellate
Court. 171 SCRA 579.

Volume 170

Summary judgment procedure is a method for promptly disposing of action in which there is no
genuine issues as to the existence of any material fact. Arradaza vs. Court of Appeals. 170 SCRA 12.
The word “homicide” used in the special complex crime of Robbery with Homicide is to be understood
in its generic sense as to include murder and parricide. People vs. Manalang. 170 SCRA 149.

Gross negligence is the omission of that care which even inattentive and thoughtless men never fail to
take on their property. Alejandro vs. People.170 SCRA 400.

A real party in interest is one who stands to benefit or be injured by the judgment, or the party entitled
to the avails of the suit. Dilson Enterprises, Inc. vs. Intermidiate Appellate Court. 170 SCRA 676.

Mandamus will lie only to compel the performance of a ministerial duty but not to require anyone to
fulfill a contractual obligation or compel a course of conduct, nor to control or review the exercise of
discretion. National Power Corporation vs. Vera. 170 SCRA 721.

An application for a writ of preliminary injunction must show that there exists a right to be protected
and that the acts against which the writ is to be directed are violative of such right. National Power
Corporation vs. Vera. 170 SCRA 721.

A cause of action is an act or omission of one party in violation of the legal rights of the other.
Rebollido vs. Court of Appeals. 170 SCRA 800.

Volume 169

The term point-blank has no reference to the distance between the gun and the target, it merely refers to
the “aim directed straight toward a target.” People vs. Trinidad. 169 SCRA 51.

Probable cause is the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, tat the person charged was
guilty of the crime for which he was prosecuted. Que vs. Intermidiate Appellate Court. 169 SCRA 137.

The doctrine of “Law of the Case” which states that whatever has once been irrevocably established as
the controlling legal rule of decision between the same parties in the same case continues to be the law
of the case, whether correct on general principles or not, so long as the facts on which such decision
was predicated continue to be the facts of the case before the Court. Boiser vs. National
Telecommunications Commission. 169 SCRA 198.
Share tenancy exists where a person has physical possession of another's land for the purpose of
cultivating it, and giving the owner a share in the crop. Macaraeg vs. Court of Appeals. 169 SCRA 259.

Substantial evidence does not necessarily import preponderant evidence, it refers to such relevant
evidence as a reasonable man might accept as adequate to support a conclusion. Castro vs. Court of
Appeals. 169 SCRA 383.

The discernment that constitutes an exception to the exemption from criminal liability of a minor under
fifteen years of age but over nine, who commits an act prohibited by law is his mental capacity to
understand the difference between right and wrong. Guevarra vs. Almodovar. 169 SCRA 476.

Volume 168

The essence of the bona fides or good faith, lies in the validly of one's right, ignorance of a superior
claim and absence of intention to overreach another. Godoy vs Ramirez. 168 SCRA 85.

Sickness means any illness definitely accepted as an occupational disease listed by the Commission, or
any illness caused by employment subject to proof by the employee that the risk of contracting the
same is increased by working conditions. Garol vs. Employees' Compensation Commission. 168 SCRA
108.

In double jeopardy, the term “same offense” means identical offense or any attempt to commit the
same or frustration thereof or any offense which necessarily includes or is necessarily included in the
offense charged in the former complaint or information. Perez vs Court of Appeals. 168 SCRA 236.

A continued crime is a single crime consisting of a series of acts but all arising from one criminal
resolution. Although there are series of acts, there is only one crime committed. Hence, only one
penalty shall be imposed. Mallari vs. People. 168 SCRA 422.

Unlawful detainer is defined as the act of withholding the possession of land or building from another
who is entitled to it after the expiration or termination of the right of the illegal detainer to hold
possession by virtue of a contract, express or implied, when one year had not yet elapsed from the time
of the original possession had become illegal. Villegas vs. Court of Appeals. 168 SCRA 553.

It should be emphasized that resignation per se means voluntary relinquishment of a position or office.
Batongbacal vs. Associated Bank. 168 SCRA 600.

Entrapment is the employment of such ways and means for the purpose of trapping or capturing a
lawbreaker. People vs. Gatongo. 168 SCRA 716.

Volume 167

The question as to what would constitute the conduct of a prudent man in a given situation must of
course be always determined in the light of human experience and in view of the facts involved in the
particular case. Civil Aeronautics Administration vs. Court of Appeals. 167 SCRA 28.

There is treachery when the offender commits any of the crimes against person, employing means,
methods or forms in the execution thereof which tend directly and specailly to insure its execution,
without risk to himself arising from the defense which the offended party might take. People vs. Rellon
167 SCRA 75.

In entrapment, ways and means are resorted to for the purpose of trapping and capturing the law
breakers in the execution of their criminal plan. On the other hand, in instigation, the instigator
practically induces the would be defendant into the commission of the offense, and himself becomes a
co-principal. People vs. Lapatha. 167 SCRA 159.

A litigation is not a game of technicalities in which one, more deeply schooled and skilled in the subtle
art of movement and position, entraps and destroys the other. It is rather a contest in which each
contendin party fully and fairly lays before the court the facts in issue and then, brushing aside as
wholly trivial and indecisive all imperfections of form and technicalities of procedure, ask that justice
be done upon the merits. Technicality, when it deserts its proper office as an aid to justice and becomes
its great hindrance and chief enemy, deserves scant consideration from courts. American Express
International, Inc. vs. Intermidiate Appellate Court. 167 SCRA 209.

There is treachery when the mode of the attack was consciously adopted and deliberately sought by the
accused to insure its unobstructed execution. People vs. Diaz. 167 SCRA 239.

Substantial evidence does not necessarily import preponderant evidence; it is defined as such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion. Heirs of E.B. Roxas,
Inc. vs. Tolentino. 167 SCRA 334.
Res Ipsa Loquitor. The thing speaks for itself. Rebuttable presumption or inference that defendant was
negligent, which arises upon proof that instrumentality causing injury was in defendant's exclusive
control, nd the that accident was one which ordinarily does not happen in absence of negligence.
Layugan vs. Intermidate Appellate Court. 167 SCRA 363.

Negligence is the failure to observe for the protection of the interest of another person, that degree of
care, precaution, and vigilance which the circumstances justly demand, whereby such other person
suffers injury. Layugan vs. Intermidate Appellate Court. 167 SCRA 363.

Negligence is the omission to do something which is a reasonable man, guided by those considerations
which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a
prudent and reasonable man would not do. Layugan vs. Intermidate Appellate Court. 167 SCRA 363.

The “delivery” contemplated by law must be to a person who takes it (the bad check) as a holder,
which means the payee or indorsee of a bill or note, who is in possiession of it, or the bearer thereof.
Lim vs. Rodrigo. 167 SCRA 487.

Custom is defined as a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a
social rule, legally biding an obligatory. Yao Kee vs. Sy-Gonzales. 167 SCRA 736.