Bail is the security given by an accused who is in the custody of the law for his release to guarantee his appearance before any court as may be required. (Section 1, Rule 114, Rules of Court)
Monday, March 10, 2014
Searches conducted on checkpoints are valid for as long as they are warranted by the exigencies of public order and are conducted in a way least intrusive to motorist. For as long as the vehicle is neither searched nor its occupants subjected to body search, and the inspection of the vehicle is limited to visual search, said routine checks cannot be regarded as violative of an individual's right against unreasonable search (People vs. Vinecario, G.R. No. 141137, January 20, 2004, 420 SCRA 280).
Posted by Christian G. Villasis at 9:36 AM
A warrantless search on a moving vehicle is justified on the ground that "it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant may be sought" (People vs. Tuazon, 532 SCRA 152, September 3, 2007).
Posted by Christian G. Villasis at 9:35 AM
Friday, March 7, 2014
every action must be prosecuted or defended in the name of the real party-in-interest: A case is dismissible for lack of personality to sue upon proof that the plaintiff is not the real party-in-interest, hence grounded on failure to state a cause of action (ALLAN C. GO, vs. MORTIMER F. CORDERO, G.R. No. 164703, May 4, 2010, VILLARAMA, JR., J.).
Posted by Christian G. Villasis at 8:51 AM
Thursday, March 6, 2014
Splitting a Single Cause of Action is the act of dividing a single or indivisible cause of action into several parts or claims and instituting two or more actions upon them. A single cause of action or entire claim or demand cannot be split up or divided in order to be made the subject of two or more different actions (Catalina Chu et al. vs. Sps. Fernando Cunanan & Trinidad Cunanan, G.R. No. 156185, September 12, 2011, BERSAMIN, J.).
Posted by Christian G. Villasis at 10:51 AM