Thursday, August 22, 2013

SUBSTANTIAL EVIDENCE:

     In administrative proceedings, the complainant has the burden of proving the allegations in the complaint with substantial evidence, i.e., that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (Re: Complaint of Concerned Members of Chinese Grocers Association Against Justice Socorro B. Inting of The Court of Appeals, A.M. Oca Ipi No. 10-177-Ca-J,  April 12, 2011, Brion, J.).

RULES ON SUMMARY PROCEDURE:

     If the extension for the filing of pleadings cannot be allowed, it is illogical and incongruous to admit a pleading that is already filed late. to admit a late answer is to put a premium on dilatory measures, the very mischief that the rules seek to redress. (TERAÑA vs. DESAGUN, G.R. No. 152131, April 29, 2009, Second Division, Brion, J.).

Tuesday, August 13, 2013

SEARCH AND SEIZURE:

      A search warrant may be issued only if there is probable cause in connection with a specific offense alleged in an application based on the personal knowledge of the applicant and his or her witnesses. (COCA-COLA BOTTLERS, PHILS., INC. (CCBPI), vs. QUINTIN J. GOMEZ, G.R. No. 154491, November 14, 2008, BRION, J.).

JURISDICTION:

   a public official’s resignation does not render moot an administrative case that was filed prior to the official’s resignation. (Office of the Ombudsman vs. Uldarico P. Andutan, Jr., G.R. No. 16467, July 27, 2011, BriON, J.).