CIVIL LAW:WILLS
AND SUCCESSION; POWERS OF COURT TO CONTROL PROPERTIES OF DECEASED.
The court which acquired jurisdiction over the properties of
a deceased person through the filing of the corresponding proceedings,
has supervision and control over the said properties, and under the said
power, it is its inherent duty to see that the inventory submitted by the
administrator appointed by it contains all the properties, rights and credits
which the law requires the administrator to set out in his inventory. In
compliance with this duty, the court has also inherent power to determine
what properties, rights and credits of the deceased should be included
in or excluded from the inventory. Should an heir or person interested
in the properties of a deceased person duly call the court's attention
to the fact that certain properties, rights or credits have been left out
in the inventory, it is likewise the court's duty to hear the observations,
with power to determine if such observations should be attended to or not
and if the properties referred to therein belong prima facie to the intestate,
but no such determination is final and ultimate in nature as to the ownership
of the said properties.
CRIMINAL LAW:DUE
PROCESS; ACCUSED MUST BE INFORMED OF THE ACCUSATION AGAINST HIM.
In a criminal case, due process requires that, among others,
the accusation be in due form, and that notice thereof and an opportunity
to answer the charge be given the accused; hence, the constitutional and
reglementary guarantees as to accused's right "to be informed of the nature
and cause of the accusation against him." An accused should be given the
necessary data as to why he is being proceeded against and not be left
in the unenviable state of speculating why he is made the object of a prosecution,
it being the fact that, in criminal cases, the liberty, even the life,
of the accused is at stake. It is always wise and proper that the accused
be fully apprised of the charge against him in order to avoid any possible
surprise that may lead to injustice.
REMEDIAL LAW:JUDICIAL
BONDS; NATURE.
Judicial bonds are contractual in nature. They constitute a
special class of contracts of guaranty since they are given by virtue of
judicial order. Even if the appeal bond is defective, a situation not true
in the present case, as long as it is not void and given in good faith
and not for the purpose of delay, the trial Court may order its amendment.
The appeal should not be dismissed without giving the appellant an opportunity
to perfect the bond or to file a new bond. This Court even held that an
appeal bond signed by one bondsman is not defective as to justify dismissal
of the appeal.
LABOR LAW:BACKWAGES
AND MORAL DAMAGES; WHEN RECOVERABLE.
Backwages in general are granted on grounds of equity for earnings
which a worker or employee has lost due to illegal dismissal. Upon the
other hand, moral damages are recoverable only where the dismissal of the
employee was attended by bad faith or constituted an act oppressive to
labor or was done in a manner contrary to morals, good customs or public
policy while exemplary damages may be awarded only if the dismissal was
effected in a wanton, oppressive or malevolent manner.
COMMERCIAL LAW:CHECKS;
CASHIER'S CHECK; EQUIVALENT TO ACCEPTANCE.
It is a well-known and accepted practice in the business sector
that a cashier's check is deemed as cash. Moreover, since the said check
had been certified by the drawee bank, by the certification, the funds
represented by the check are transferred from the credit of the maker to
that of the payee or holder, and for all intents and purposes, the latter
becomes the depositor of the drawee bank, with rights and duties of one
in such situation. Where a check is certified by the bank on which it is
drawn, the certification is equivalent to acceptance. Said certification
"implies that the check is drawn upon sufficient funds in the hands of
the drawee, that they have been set apart for its satisfaction, and that
they shall be so applied whenever the check is presented for payment. It
is an understanding that the check is good then, and shall continue good,
and this agreement is as binding on the bank as its notes in circulation,
a certificate of deposit payable to the order of the depositor, or any
other obligation it can assume.
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