CIVIL LAW:NOVATION;
PAYMENT BY THIRD PERSON DOES NOT RELEASE ORIGINAL DEBTOR.
It is a very common thing in the business affairs for a stranger
to a contract to assume its obligations; and while this may have the effect
of adding to the number of persons liable, it does not necessarily imply
the extinguishment of the liability of the first debtor. The mere fact
that the creditor receives a guaranty or accepts payments from a third
person who has agreed to assume the obligation, when there is no agreement
that the first debtor shall be released from responsibility, does not constitute
a novation, and the creditor can still enforce the obligation against the
original debtor.
CRIMINAL LAW:AGGRAVATING
CIRCUMSTANCES; TREACHERY
It has been repeatedly held by this Court that there exists
the qualifying circumstance of treachery when one takes the life of a person
who is asleep. As for a victim who had just awakened when attacked, there
was also treachery "because the victim, who may still be dazed and unprepared
for the attack, would not be in a position to offer any risk or danger
of retaliation to the attacker.
REMEDIAL LAW:PROCEDURAL
DUE PROCESS IN DISCIPLINARY CASES OF STUDENTS.
The imposition of disciplinary sanctions requires observance
of procedural due process. And it bears stressing that due process in disciplinary
cases involving students does not entail proceedings and hearings similar
to those prescribed for actions and proceedings in courts of justice. The
proceedings in student discipline cases may be summary; and cross-examination
is not, contrary to petitioners' view, an essential part thereof. There
are withal minimum standards which must be met to satisfy the demands of
procedural due process; and these are, that (1) the students must be informed
in writing of the nature and cause of any accusation against them; (2)
they shall have the right to answer the charges against them, with the
assistance of counsel, if desired; (3) they shall be informed of the evidence
against them; (4) they shall have the right to adduce evidence in their
own behalf; and (5) the evidence must be duly considered by the investigating
committee or official designated by the school authorities to hear and
decide the case.
LABOR LAW:SECURITY
OF TENURE; MANAGERIAL PERSONNEL
Managerial personnel and other employees occupying positions
of trust and confidence are entitled to security of tenure, fair standards
of employment, and the protection of labor laws. However, the rules on
termination of employment, penalties for infractions, and resort to concerted
action are not necessarily the same as those for ordinary employees.
COMMERCIAL LAW:ACCOMODATION
PARTY; EXTENT OF LIABILITY.
An accommodation party liable on the instrument to a holder
for value, although such holder at the time of taking the instrument knew
him to be only an accommodation party, does not include nor apply to corporations
which are accommodation parties. This is because the issue or indorsement
of negotiable paper by a corporation without consideration and for the
accommodation of another is ultra vires. Hence, one who has taken the instrument
with knowledge of the accommodation nature thereof cannot recover against
a corporation where it is only an accommodation party. If the form of the
instrument, or the nature of the transaction, is such as to charge the
indorsee with knowledge that the issue or indorsement of the instrument
by the corporation is for the accommodation of another, he cannot recover
against the corporation thereon.
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