Compendia of Legal Principles

Facts: At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat on Delgado and C.R. Fuentes streets of the City of Iloilo, caught the accused in the act of making an opening with an iron bar on the wall of a store of cheap goods located on the last named street. At that time the owner of the store, Tan Yu, was sleeping inside with another Chinaman. The accused had only succeeded in breaking one board and in unfastening another from the wall, when the policeman showed up, who instantly arrested him and placed him under custody. Ruling: It is necessary to prove that said beginning of execution, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. xxx In case of robbery, in order that the simple act of entering by means of force or violence another person's dwelling may...

Facts: At about noontime Crispulo Alega fetch his girlfriend, Remedios Maniti. They proceeded to the Pasay City Public Market. As they were going up the stairs leading to the Teresa and Sons Restaurant, Remedios, who was about an arms-length ahead of Crispulo suddenly heard the dropping of her folders and other things, being carried by Crispulo. When she looked back, she saw a man — later Identified as Danilo Tobias but still at large — twisting the neck of Crispulo, while the appellant was holding his (Crispulo's) two hands. The appellant and his companion tried to divest Crispulo of his "Seiko" wrist watch, but Crispulo resisted their attempt and fought the robbers. At this juncture, the man who was twisting the neck of Crispulo stabbed the latter on the left side of his chest. Crispulo ran down the stairs followed by Remedies who shouted for help. When he reached the front of the Pasay Commercial Bank he fell down and expired. At the time of his death, the "Seik...

Facts: Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare Milo chocolate drinks for her two (2) children. At the ground floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants were down to his knees. According to Corazon, Primo was forcing his penis into Crysthel's vagina. Horrified, she cursed the accused, "P - t - ng ina mo, anak ko iyan!" and boxed him several times. He evaded her blows and pulle...

The record reveals that on August 23, 1954 Beatriz and Francisco applied for a license to contract marriage, which was subsequently issued. Their wedding was set for September 4, 1954. Invitations were printed and distributed to relatives, friends and acquaintances. The bride-to-be's trousseau, party dresses and other apparel for the important occasion were purchased. Dresses for the maid of honor and the flower girl were prepared. A matrimonial bed, with accessories, was bought. Bridal showers were given and gifts received. And then, with but two days before the wedding, defendant, who was then 28 years old,: simply left a note for plaintiff stating: "Will have to postpone wedding — My mother opposes it ... " He enplaned to his home city in Mindanao, and the next day, the day before the wedding, he wired plaintiff: "Nothing changed rest assured returning soon." But he never returned and was never heard from again. The Supreme Court said that mere bre...

Section 8 of RA 8972 also known as " Solo Parent Act " states: "In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year." So, if you've been employed in the firm for more than 1 year and provided that you are a Solo Parent as defined in the below enumeration, it only means you are entitled to the above-stated benefit. Provided, further, that you comply with the documentary requirements set by implementing agencies such as DSWD. CLICK HERE to check details of Implementing Rules and Regulations. "Solo parent" - any individual who falls under any of the following categories: (1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child; (2) Parent left solo or a...

Under Section 18 of  Republic Act No. 9710, otherwise known as "An Act Providing for Magna Carta of Women ," provides for the Special Leave Benefits for Women, it states that: "a woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders." To avail of the special benefit of two (2) months with full pay based on gross monthly complensation, the following requirements must be present: Beneficiary is a woman; She has rendered continuous aggregate employment  service of at least 6 months for the last twelve (12) months; Following a surgery caused by gynecological disorders. Gynecological Disorders means disorders that affect the organs in a woman's abdominal, reproductive organs, namely the breasts and orga...

Lambino Vs. COMELEC G.R. No. 174153, October 25, 2006 Facts: The Lambino Group's initiative petition proposes changes in the 1987 Constitution thru R.A. 6735. It submit to modify the Sections 1-7 of Article VI (Legislative Department) and Sections 1-4 of Article VII (Executive Department) and by adding Article XVIII entitled "Transitory Provisions." These proposed changes will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government. Issue: Whether the petition has complied with the constitutional requirement. Held: First, the Initiative Petition Does Not Comply with Section 2, Article XVII of the Constitution on Direct Proposal by the People. Section 2, Article XVII of the Constitution is the governing constitutional provision that allows a people's initiative to propose amendments to the Constitution. This section states: “Sec. 2. Amendments to this Constitution may likewise be directly propo...

In Bandy Vs. Mickelson et al., 44N. W., 2nd 341, 342 ,The interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. The legislative branch may not limit or restrict the power granted to the courts by the Constitution. In Endencia v. David , 93 Phil. 696 (1953), under our system of constitutional government, the Legislative department is assigned the power to make and enact laws. The Executive department is charged with the execution of carrying out of the provisions of said laws. But the interpretation and application of said laws belong exclusively to the Judicial department. And this authority to interpret and apply the laws extends to the Constitution. Before the courts can determine whether a law is constitutional or not, it will have to interpret and ascertain the meaning not only of said law, but also of the pertinent portion of the Constitution in order to deci...

People Vs. Lamahang, GR No L-4330, August 3, 1935 Facts: At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat on Delgado and C.R. Fuentes streets of the City of Iloilo, caught the accused in the act of making an opening with an iron bar on the wall of a store of cheap goods located on the last named street. At that time the owner of the store, Tan Yu, was sleeping inside with another Chinaman. The accused had only succeeded in breaking one board and in unfastening another from the wall, when the policeman showed up, who instantly arrested him and placed him under custody. Ruling: It is necessary to prove that said beginning of execution, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. xxx In case of robbery, in order that the simple act of entering by means of...