CIVIL LAW:ANNULMENT;ROOT
CAUSE OF PSYCHOLOGICAL INCAPACITY
The root cause of the psychological incapacity must be: (a)
medically or clinically identified, (b) alleged in the complaint, (c) sufficiently
proven by experts, and (d) clearly explained in the decision. Expert evidence
may be given by qualified psychiatrists and clinical psychologists.
CRIMINAL LAW:PERSONS
CRIMINALLY LIABLE; PRINCIPALS
One who participates in the material execution of the crime
by standing guard or lending moral support to the actual perpetrator is
criminally responsible to the same extent as the latter.
REMEDIAL LAW:COMPLAINT
AND INFORMATION;MOTION TO QUASH OR DISMISS
It is clear from Section 2 of Rule 117, Rules of Court, that
a motion to quash may be based on factual and legal grounds, and since
extinction of criminal liability and double jeopardy are retained among
the grounds for a motion to quash in Section 3 of the new Rule 117, it
necessarily follows that facts outside the information itself may be introduced
to prove such grounds.
LABOR LAW:RETURN-TO-WORK
ORDER OF SECRETARY OF LABOR; FAILURE OF EMPLOYER TO SATISFACTORILY ESTABLISH
VIOLATION
Where the employer fails to satisfactorily establish any violation
of the Labor Secretary's retun-to-work-order, any contrary finding by the
Labor Arbiter and the National Labor Relations Commission is committed
with grave abuse of discretion.
COMMERCIAL LAW:CORPORATION
CODE;SUFFICIENCY OF SECRETARY'S CERTIFICATE
Being regular on its face, a Secretary's certificate
is sufficient for a third party to rely on-it does not have to investigate
the truth of the facts contained in such certification, otherwise
business transaction of corporations would become tortously slow and unnecessarily
hampered.
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