CIVIL LAW:EXTRA-JUDICIAL
PARTITION ALLOWED WHEN NO CREDITORS AFFECTED
Without creditors to take into consideration, it is competent
for the heirs of an estate to enter into an agreement for distribution
thereof in a manner and upon a plan different from those provided by the
rules from which, in the first place, nothing can be inferred that a writing
or other formality is essential for the partition to be valid
CRIMINAL LAW:SELF-DEFENSE;
DUTY OF ACCUSED TO ESTABLISH EVIDENCE
In self-defense the burden of proof rests upon the accused.
His duty is to establish by sufficient, satisfactory and convincing evidence
the following requisites: (a) unlawful aggression on the part of the victim;
(b) reasonable necessity of the means employed to prevent or repel it;
and, (c) lack of sufficient provocation on the part of the person defending
himself.
REMEDIAL LAW:CLASSES
OF EVIDENCE
The lack or absence of proof beyond reasonable doubt does not
mean an absence of any evidence whatsoever for there is another class of
evidence which, though insufficient to establish guilt beyond reasonable
doubt, is adequate in civil cases; this is preponderance of evidence. Then
too, there is the "substantial evidence" rule in administrative proceedings
which merely requires such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion
LABOR LAW:ELEMENTS
OF ILLEGAL RECRUITMENT IN LARGE SCALE
The essential elements of the crime of illegal recruitment
in large scale are: (1) the accused engages in acts of recruitment and
placement of workers defined under Art. 13(b) or in any prohibited activities
under Art. 34 of the Labor Code; (2) the accused has not complied with
the guidelines issued by the Secretary of Labor and Employment, particularly
with respect to the securing of a license or an authority to recruit and
deploy workers, either locally or overseas; and (3) the accused commits
the unlawful acts against three or more persons, individually or as a group.
ADMINISTRATIVE LAW:POWERS
OF COMMISSIONER OF LAND TRANSPORTATION
The Commissioner of Land Transportation and his deputies are
empowered at anytime to examine and inspect such motor vehicles to determine
whether said vehicles are registered, or are unsightly, unsafe, improperly
marked or equipped, or otherwise unfit to be operated on because of possible
excessive damage to highways, bridges and other infrastructures. The LTO
is additionally charged with being the central repository and custodian
of all records of all motor vehicles.
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