CIVIL LAW:DIFFERENCE
BETWEEN CAUSE AND MOTIVE.
Cause is the essential reason for the contract, while motive
is the particular reason of a contracting party which does not affect the
other party and which does not preclude the existence of a different consideration.
Article 1351 of the Civil Code provides that "the particular motives of
the parties in entering into a contract are different from the cause thereof."
CRIMINAL LAW:B.P.
22; BOUNCING CHECKS LAW; ELEMENTS
The elements of the offense penalized under B.P. Blg. 22 are:
(1) making, drawing, and issuance of any check to apply to account or for
value; (2) knowledge of the maker, drawer, or issuer that at the time of
issue he does not have sufficient funds in or credit with the drawee bank
for the payment of the check in full upon its presentment; and (3) subsequent
dishonor of the check by the drawee bank for insufficiency of funds or
credit, or dishonor of the check for the same reason had not the drawer,
without any valid cause, ordered the bank to stop payment. The maker's
knowledge is presumed from the dishonor of the check for insufficiency
of funds.
REMEDIAL LAW:PLEADINGS;
COMPLIANCE WITH PROCEDURAL IMPERATIVES.
It is a settled rule that a tribunal may at any time take judicial
notice of the records of a case pending before it, and satisfy itself
that copies of the pleadings filed by the parties are in the numbers required
by its rules. The failure of a pleading to comply with such procedural
imperative set by the court, leaves the latter the discretion either to
reject that pleading or order completion of the number of copies thereof.
Where, however, the party whose pleading has been shunted aside offers
to show that it has fully complied with the requirements of the rules and
that the records kept by the tribunal contain inaccurate entries, the latter
body should pause and listen, and give that party a day in court
LABOR LAW:DISMISSAL
OF EMPLOYEES; LOSS OF TRUST AND CONFIDENCE.
Loss of trust and confidence to be a valid ground for an employee's
dismissal must be clearly established.A breach is willful if it is done
intentionally, knowingly and purposely, without justifiable excuse, as
distinguished from an act done carelessly, thoughtlessly, heedlessly or
inadvertently. It must rest on substantial grounds and not on the employer's
arbitrariness, whims, caprices or suspicion, otherwise, the employee would
remain at the mercy of the employer.
ADMINISTRATIVE LAW:RULE
IN APPRECIATION OF EVIDENCE.
Within the field of administrative law, while strict rules
of evidence are not applicable to quasi-judicial proceedings, nevertheless,
in adducing evidence constitutive of substantial evidence, the basic rule
that mere allegation is not evidence cannot be disregarded. Finally, in
case of doubt in construction and interpretation of social legislation
statutes, the liberality of the law in favor of the working man and woman
prevails in light of the Constitution's social justice policy
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