
CIVIL LAW:PAROL
PARTITIONS; MAY BE SUSTAINED ON GROUND OF ESTOPPEL; MAY BE RECOGNIZED BY
COURT FOR CONCLUDING RIGHTS OF PARTIES.
In numerous cases it has been held or stated that parol partitions may be sustained on the ground of estoppel of the parties to assert the rights of a tenant in common as to parts of land divided by parol partition as to which possession in severalty was taken and acts of individual ownership were exercised. And a court of equity will recognize the agreement and decree it to be valid and effectual for the purpose of concluding the right of the parties as between each other to hold their respective parts in severalty. A parol partition may also be sustained on the ground that the parties thereto have acquiesced in and ratified the partition by taking possession in severalty, exercising acts of ownership with respect thereto, or otherwise recognizing the existence of the partition.CRIMINAL LAW:RAPE; TESTIMONY OF VICTIM CREDIBLE WHERE SHE HAD NO MOTIVE TO TESTIFY FALSELY AGAINST ACCUSED. The testimony of the complainant on how she was forcibly taken from her home and brought to a deserted hut, about half a kilometer away, and then raped twice, is credible and we find nothing unusual or improbable in it. Her testimony appears to be straightforward and consistent and she had no motive to testify falsely against the appellant. This Court has consistently held that the testimony of a rape victim as to who abused her is credible where she had no motive to testify falsely against the accused. We need not also belabor the rule that no Filipino girl would publicly admit that she had been ravished unless this is the truth for her natural instinct is to protect her honor and future.REMEDIAL LAW:INTERVENTION; MERELY COLLATERAL OR ANCILLARY TO PRINCIPAL ACTION. An intervention has been regarded as "merely collateral or accessory or ancillary to the principal action and not an independent proceeding; an interlocutory proceeding dependent on or subsidiary to, the case between the original parties." (Francisco, Rules of Court, Vol. 1) The main action having ceased to exist, there is no pending proceeding whereon the intervention may be based.LABOR LAW:ARTICLES 263 AND 264 OF THE LABOR CODE; NO LAW PASSED BY CONGRESS REPEALING THE SAME. In the case at bar, no law has ever been passed by Congress expressly repealing Articles 263 and 264 of the Labor Code. Neither may the 1987 Constitution be considered to have impliedly repealed the said Articles considering that there is no showing that said articles are inconsistent with the said Constitution. Moreover, no court has ever declared that the said articles are inconsistent with the 1987 Constitution. On the contrary, the continued validity and operation of Articles 263 and 264 of the Labor Code has been recognized by no less than the Congress of the Philippines when the latter enacted into law R.A. 6715, otherwise known as Herrera Law, Section 27 of which amended paragraphs (g) and (i) of Article 263 of the Labor Code.COMMERCIAL LAW:NEGOTIABLE INSTRUMENTS LAW; ACCOMODATION PARTY; LIABILITY. An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder, at the time of taking the instrument, knew him to be only an accommodation party. |
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