CIVIL LAW:CONSIGNATION;
INAPPLICABLE TO A LEASE WITH OPTION TO BUY.
In Vda. de Quirino v. Palarca, it was ruled that consignation
referred to in Article 1256 of the Civil Code is inapplicable to a lease
with option to buy because said provision refers to consignation as one
of the means for the payment or discharge of a "debt," whereas the lessee
was not indebted to the lessor for the price of the leased premises. The
lessee merely exercised a right of option and had no obligation to pay
said price until execution of the deed of sale in his favor, which the
lessor refused to do.
CRIMINAL LAW:RAPE;
EVIDENCE MUST BE CLEAR AND CONVINCING; IF REASONABLE DOUBT EXISTS, VERDICT
MUST BE ACQUITTAL.
Rape is an accusation easy to make, hard to prove but harder
to defend by the accused, though innocent. The evidence for the prosecution
must be clear and convincing to overcome the constitutional presumption
of innocence. Rape is an offense to which, as is often the case, only two
people can testify, thus requiring the most conscientious effort on the
part of the arbiter to weigh and appraise the conflicting testimonies.
If a reasonable doubt exists, the verdict must be one of acquittal.
REMEDIAL LAW:COMPLAINT;
MUST CHARGE BUT ONE OFFENSE; WAIVER OF ERRONEOUS COMPLAINT.
The information herein is violative of Section 13 Rule 110
of the Rules on Criminal Procedure which states that a complaint or information
must charge but one offense except in certain cases. The four accused are
charged with two separate offenses of illegal possession of firearms and
robbery with homicide. When each one of two offenses committed is punishable
by two different laws, they cannot be charged in one information as a complex
crime but must be regarded as two separate and distinct offenses, each
one to be the subject of separate informations. When duplicity of offenses
exists in an information the accused must present his objection by filing
a motion to quash the information on the ground of duplicity of offenses.
If the accused fails to object and goes to trial under the information
which contains a description of more than one offense, the general rule
is he thereby waives the objection and may be found guilty of and should
be sentenced for, as many offenses as are charged in the information and
proved during trial (People v. Medina 59 Phil. 134; People v. Miana 50
Phil. 771). This rule however shall apply only if the accused is formally
arraigned and required to plead on all the offenses as are charged in the
information. Otherwise, the accused cannot be convicted of the offenses
with respect to which he was not properly arraigned.
LABOR LAW:ASSUMPTION
AND CERTIFICATION ORDERS OF SECRETARY OF LABOR; EXECUTORY IN CHARACTER
AND ARE TO BE STRICTLY COMPLIED WITH.
UFE completely misses the underlying principle embodied in
Art. 264(g) on the settlement of labor disputes and this is, that assumption
and certification orders are executory in character and are to be strictly
complied with by the parties even during the pendency of any petition questioning
their validity. This extraordinary authority given to the Secretary of
Labor is aimed at arriving at a peaceful and speedy solution to labor disputes,
without jeopardizing national interests.
COMMERCIAL LAW:BILL
OF LADING; NATURE THEREOF.
The petitioner-carrier, not being privy to any transaction
between HSBC and CMI, cannot be expected to look beyond what is contained
on the face of the bill of lading in question and guess which of the many
banks in Metro Manila or some other unrevealed corporation could possibly
be the consignee. To consider otherwise would not be sound business practice
as petitioner would be forced to wait for the real owner of the goods to
show up, perhaps in vain. In Macondray and Company Inc. v. Acting Commissioner
of Customs, it was held that a bill of lading is ordinarily merely a convenient
commercial instrument designed to protect the importer or consignee. And
in Phoenix Assurance Co., Ltd. v. United States Lines, it was held that
as a receipt, a bill of lading recites the place and date of shipment,
describes the goods as to quantity, weight, dimensions, identification
marks, condition, quality and value.
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