CIVIL LAW:PROPERTY;LIS
PENDENS; DEFINED.
Lis pendens is a Latin term which literally means a pending
suit or a pending litigation while a notice of lis pendens is an announcement
to the whole world that a particular real property is in litigation, serving
as a warning that one who acquires an interest over the said property does
so at his own risk, or that he gambles on the result of the litigation
over the said property. It is but a signal to the intending buyer or mortgagee
to take care or beware and to investigate the prospect or non-prospect
of the litigation succeeding before he forks down his money.
CRIMINAL LAW:AGGRAVATING
CIRCUMSTANCES; PREMEDITATION; HOW APPRECIATED.
Premeditation cannot be appreciated if the evidence does not
show when the plan to kill was hatched, or how much time had elapsed before
it was carried out. There must be a basis for determining whether the accused
had sufficient time between the inception of the plan and its fulfillment
to dispassionately consider and accept its consequences.
REMEDIAL LAW:CRIMINAL
PROCEDURE; PROSECUTION OF CRIMINAL CASE; RESPONSIBILITY OF GOVERNMENT PROSECUTOR.
It is axiomatic that the prosecution
of a criminal case is the responsibility of the government prosecutor and
must always be under his control. This is true even if a private prosecutor
is allowed to assist him and actually handles the examination of the witnesses
and the introduction of other evidence. The witnesses, even if they are
the complaining witnesses cannot act for the prosecutor in the handling
of the case. They have no personality to move for its dismissal or revival
as they are not even parties thereto nor do they represent the parties
to the action. Their only function is to testify. In a criminal prosecution,
the plaintiff is represented by the government prosecutor, or one acting
under his authority, and by no one else.
LABOR LAW:COLLECTIVE
BARGAINING CONTRACT; NON-MEMBER OF UNION ENTITLED TO BENEFITS.
In a long line of cases, this Court has held that when a collective
bargaining contract is entered into by the union representing the employees
and the employer, even the non-member employees are entitled to the benefits
of the contract. To accord its benefits only to members of the union without
any valid reason would constitute undue discrimination against nonmembers.
It is even conceded, that a laborer can claim benefits from a CBA entered
into between the company and the union of which he is a member at the time
of the conclusion of the agreement, after he has resigned from said union
ADMINISTRATIVE LAW:AGREED
REMEDIES MUST BE RESORTED TO BEFORE PARTIES MAY RESORT TO ADMINISTRATIVE
AGENCIES FOR RELIEF.
When the Constitution and by-laws of both unions dictated the
remedy for intra-union dispute, such as petitioner's complaint against
private respondents for unauthorized or illegal disbursement of unions
funds, this should be resorted to before recourse can be made to the appropriate
administrative or judicial body, not only to give the grievance machinery
or appeals' body of the union the opportunity to decide the matter by itself,
but also to prevent unnecessary and premature resort to administrative
or judicial bodies. Thus, a party with an administrative remedy must not
merely initiate the prescribed administrative procedure to obtain relief,
but also pursue it to its appropriate conclusion before seeking judicial
intervention.
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