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.).
Thursday, August 22, 2013
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.).
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