Actual or compensatory damages cannot be presumed, but must be duly proved, and proved with reasonable degree of certainty. A court cannot rely on speculation, conjecture or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have suffered and on evidence of the actual amount thereof.

It has been held in one case that for rape to exist, it is not necessary that the force and intimidation employed in accomplishing it be so great or of such character as could not be resisted.  It is only necessary that the force or intimidation be sufficient to consummate the purpose which the accused had in mind.  The intimidation must be judged in the light of the victim’s perception and judgment at the time of the commission of the crime, and not by any hard and fast rule.

It must be admitted that Section 1, Rule 110 makes it mandatory on the Fiscal to commence criminal actions against all persons who appear to be responsible for an offense, but this does not mean that he has no discretion at all. He still is called on to determine whether the evidence before him is enough to justify a reasonable belief that a person has committed an offense. It is the prerogative of the Fiscal, on the basis of the evidence gathered by him, in the exercise of such discretion, to charge the accused to the exclusion of others.

Regardless therefore of their motives, or the validity of their claims, the striking workers must cease and/or desist from any and all acts that tend to, or undermine this authority of the Secretary of Labor, once an assumption and/or certification order is issued. They cannot, for instance, ignore return-to-work orders, citing unfair labor practices on the part of the company, to justify their actions.

The true test, however, seems to be whether the foreign corporation is continuing the body or substance of the business or enterprise for which it was organized or whether it has substantially retired from it and turned it over to another. The term implies a continuity of commercial dealings and arrangements, and contemplates, to the extent, the performance of acts or works or the exercise of some of the functions normally incident to, and in progressive prosecution of, the purpose and object of its organization.