CIVIL LAW:CONTRACTS;
INTERPRETATION; LITERAL MEANING SHALL CONTROL.
It is a basic and fundamental rule in the interpretation of
contract that if the terms thereof are clear and leave no doubt as to the
intention of the contracting parties, the literal meaning shall control.
In order to judge the intention of the parties, their contemporaneous and
subsequent acts shall be principally considered.
CRIMINAL LAW:ROBBERY
WITH HOMICIDE; CONVICTION THEREOF; HOW MADE.
It is settled that in order to sustain a conviction for the
crime of robbery with homicide, it is imperative that the robbery itself
be proven as conclusively as any other essential element of a crime. In
the absence of such proof, that killing of the victim would only be simple
homicide or murder, depending on the absence or presence of qualifying
circumstances.
REMEDIAL LAW:CAUSE
OF ACTION; TWO ELEMENTS.
The cause of action must always consist of two elements: (1)
the plaintiff's primary right and the defendant's corresponding primary
duty, whatever may be the subject to which they relate
person, character, property or contract; and (2) the delict or wrongful
act or omission of the defendant, by which the primary right and duty have
been violated. The cause of action is determined not by the prayer of the
complaint but by the facts alleged.
LABOR LAW:ASSUMPTION
OF JURISDICTION BY SECRETARY OF LABOR; NATURE.
The assumption of jurisdiction by the Secretary of Labor over
labor disputes causing or likely to cause a strike or lockout in an industry
indispensable to the national interest is in the nature of a police power
measure. It cannot be denied that the private respondent is engaged in
an undertaking affected with public interest being one of the largest manufacturers
of food products. The compelling consideration of the Secretary's assumption
of jurisdiction is the fact that a prolonged strike or lockout is inimical
to the national economy and thus, the need to implement some measures to
suppress any act which will hinder the company's essential productions
is indispensable for the promotion of the common good. Under this situation,
the Secretary's certification order for compulsory arbitration which was
intended for the immediate formulation of an already delayed CBA was proper.
COMMERCIAL LAW:TRANSFER
OF SHARES OF STOCK; HOW MADE.
From the pleadings submitted by the parties it is clear that
although EBE has indorsed in blank the shares outstanding in his name he
has not delivered the certificate of stocks to AGA because the latter has
not fully complied with his obligations under the memorandum of agreement.
There being no delivery of the indorsed shares of stock AGA cannot therefore
effectively transfer to other person or his nominees the undelivered shares
of stock. For an effective transfer of shares of stock the mode and manner
of transfer as prescribed by law must be followed.
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