Monday, March 30, 2015

Wednesday, March 25, 2015

RELATIONSHIP IN RAPE CASES:

      The information in the case only mentioned appellant as AAA’s uncle, without specifically stating that he is a relative within the third civil degree, either by affinity or consanguinity.

          Even granting that during trial it was proved that the relationship was within the third civil degree either of consanguinity or affinity, still such proof cannot be appreciated because appellant would thereby be denied of his right to be informed of the nature and cause of the accusation against him.

          Appellant cannot be charged with committing the crime of rape in its simple form and then be tried and convicted of rape in its qualified form. Thus, the Court of Appeals correctly disregarded the qualifying circumstances of relationship.

Tuesday, March 24, 2015

THE GENERAL RULE IS THAT ALL THE PETITIONERS OR PLAINTIFFS IN A CASE SHOULD SIGN THE CERTIFICATE OF NON-FORUM SHOPPING.

      However, the signature of any of the principal petitioners or principal parties,, would constitute a substantial compliance with the rule on verification and certification of non-forum shopping should there exist a commonality of interest among the parties, or where the parties filed the case as a collective, raising only one common cause of action or presenting a common defense, then the signature of one of the petitioners or complainants, acting as representative, is sufficient compliance.

Friday, March 20, 2015

DECLARATORY RELIEF:

      is defined as an action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or validity arising from the instrument, executive order or regulation, or statute, and for a declaration of his rights and duties thereunder. The only issue that may be raised in such a petition is the question of construction or validity of provisions in an instrument or statute. Corollary is the general rule that such an action must be justified, as no other adequate relief or remedy is available under the circumstances.

          Decisional law enumerates the requisites of an action for declaratory relief, as follows: 1) the subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance; 2) the terms of said documents and the validity thereof are doubtful and require judicial construction; 3) there must have been no breach of the documents in question; 4) there must be an actual justiciable controversy or the "ripening seeds" of one between persons whose interests are adverse; 5) the issue must be ripe for judicial determination; and 6) adequate relief is not available through other means or other forms of action or proceeding.

Wednesday, March 18, 2015

SPECIAL ADMINISTRATOR:

    The appointment of a special administrator is justified only when there is delay in granting letters testamentary (in case the decedent leaves behind a will) or administrative (in the event that the decedent leaves behind no will, occasioned by any cause. The principal object of the appointment of a temporary administrator is to preserve the estate until it can pass into the hands of a person fully authorized to administer it for the benefit of creditors and heirs.