CIVIL LAW:CONTRACTS;
INTERPRETATION OF STIPULATIONS IN LEASE CONTRACT.
The new rule, therefore, is that a stipulation in the lease
contract which provides for the extension of the period of lease, the terms
and conditions of which are subject to the mutual agreement of the lessor
and the lessee, should be interpreted to mean that the lease may be extended
only upon mutual agreement of the parties and not at the option alone of
the lessee or even the lessor for that matter.
CRIMINAL LAW:PROBATION;
DEFINITION; OBJECTIVE.
Probation is not a right of an accused but a mere privilege,
an act of grace and clemency or immunity conferred by the state, which
may be granted to a seemingly deserving defendant who thereby escapes the
extreme rigors of the penalty imposed by law for the offense for which
he was convicted. The primary objective in granting probation is the reformation
of the probationer. Courts must be meticulous enough to ensure that the
ends of justice and the best interest of the public as well as the accused
be served by the grant of probation.
REMEDIAL LAW:PRESUMPTION
OF REGULARITY IN THE PERFORMANCE OF OFFICIAL FUNCTIONS; WHEN PRESUMPTION
WILL NOT ARISE.
When there are several related acts supposed to be performed
by a public officer or employee in regard to a particular matter, the presumption
of regularity in the performance of official functions would not arise
and be considered as comprehending all the required acts, if the certification
issued by the proper office refers only to some of such acts, particularly
in instances wherein proof of whether or not all of them have been performed
is available under the law or office regulations to the officer making
the certification. In other words, the omission of some of the acts in
the certification may justify the inference that from the proof available
to the officer there is no showing that they have also been performed.
LABOR LAW:MINIMUM
WAGE; CONCEPT; ESSENCE.
The concept of "minimum wage" is, however, a different thing,
and certainly, it means more than setting a floor wage to upgrade existing
wages, as ECOP takes it to mean. "Minimum wages" underlies the effort of
the State, as Republic Act No. 6727 expresses it, "to promote productivity-improvement
and gain-sharing measures to ensure a decent standard of living for the
workers and their families; to guarantee the rights of labor to its just
share in the fruits of production; to enhance employment generation in
the countryside through industry dispersal; and to allow business and industry
reasonable returns on investment, expansion and growth," and as the
Constitution expresses it, to affirm "labor as a primary social economic
force." As the Court indicated, the statute would have no need for
a board if the question were simply "how much". The State is concerned,
in addition, that wages are not distributed unevenly, and more important,
that social justice is subserved.
COMMERCIAL LAW:INSURANCE;
INJURED PARTY NOT LIMITED IN FILING OF ACTIONS.
In the event that the injured fails or refuses to include the
insurer as party defendant in his claim for indemnity against the insured,
the latter is not prevented by law to avail of the procedural rules intended
to avoid multiplicity of suits. Not even a 'no action' clause under the
policy which requires that a final judgment be first obtained against the
insured and that only thereafter can the person insured recover on the
policy can prevail over the Rules of Court provisions aimed at avoiding
multiplicity of suits.
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