Thursday, July 2, 2015

NEWSPAPER OF GENERAL CIRCULATION:

     To be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information, that it has a bona fide subscription list of paying subscribers, and that it is published at regular intervals. Over and above all these, the newspaper must be available to the public in general, and not just to a select few chosen by the publisher. Otherwise, the precise objective of publishing the notice of sale in the newspaper will not be realized.  In fact, to ensure a wide readership of the newspaper, jurisprudence suggests that the newspaper must also be appealing to the public in general. The Court has, therefore, held in several cases that the newspaper must not be devoted solely to the interests, or published for the entertainment, of a particular class, profession, trade, calling, race, or religious denomination. The newspaper need not have the largest circulation so long as it is of general circulation.  As it stands, there is no distinction as to the publication requirement in extrajudicial foreclosure sales conducted by a sheriff or a notary public. The key element in both cases is still general circulation of the newspaper in the place where the property is located.

Wednesday, July 1, 2015

INSTANCES WHERE THE COURTS MAY INTERFERE WITH THE OMBUDSMAN’S INVESTIGATORY POWERS:

      (a) To afford protection to the constitutional rights of the accused; (b) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions; (c) When there is a prejudicial question which is sub judice; (d) When the acts of the officer are without or in excess of authority; (e) Where the prosecution is under an invalid law, ordinance or regulation; (f) When double jeopardy is clearly apparent; (g) Where the court has no jurisdiction over the offense; (h) Where it is a case of persecution rather than prosecution; (i) Where the charges are manifestly false and motivated by the lust for vengeance.

Monday, June 29, 2015

PETITION FOR DECLARATORY RELIEF MAY BE TREATED AS A PETITION FOR PROHIBITION:

     There are precedents for treating a petition for declaratory relief as one for prohibition if the case has far-reaching implications and raises questions that need to be resolved for the public good.  The Supreme Court has also held that a petition for prohibition is a proper remedy to prohibit or nullify acts of executive officials that amount to usurpation of legislative authority.

Friday, June 26, 2015

WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION:

     It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society.

Thursday, June 25, 2015

RES JUDICATA:

    the previous final judgment denying a petition for declaration of nullity of the marriage on the ground of psychological incapacity bars a subsequent petition for declaration of nullity of marriage on the ground of lack of marriage license. both petitions actually have the same cause of action although founded merely on different grounds. hence, a party cannot evade or avoid the application of res judicata by simply varying the form of his action or adopting a different method of presenting his case.