CIVIL LAW:WILLS
AND SUCCESSION; PROBATE OF A WILL; DOES NOT LOOK INTO ITS INTRINSIC VALIDITY.
Normally, the probate of a will does not look into its intrinsic
validity. The authentication of a will decides no other questions than
such as touch upon the capacity of the testator and the compliance with
those requisites or solemnities which the law prescribes for the validity
of the wills. It does not determine nor even by implication prejudge the
validity or efficiency of the provisions of the will, thus may be impugned
as being vicious or null, notwithstanding its authentication. The question
relating to these points remain entirely unaffected, and may be raised
even after the will has been authenticated.
CRIMINAL LAW:MERE
ALIBI AND DENIAL CANNOT OVERCOME POSITIVE IDENTIFICATION OF ACCUSED.
In the face of the clear and positive testimony of the prosecution
witness regarding the participation of the accused in the crime, the accused's
alibi dwindles into nothingness. The positive identification of the accused
by the witness as the perpetrator of the crime cannot be overcome by the
mere denial of the accused. Such positive identification of the accused
that he killed the victim establishes the guilt of the accused beyond moral
certainty.
REMEDIAL LAW:PLEADINGS;
RIGHT OF ACTION DISTINGUISHED FROM CAUSE OF ACTION.
The term right of action is the right to commence and maintain
an action. In the law on pleadings, right of action is distinguished from
cause of action in that the former is a remedial right belonging to some
persons, while the latter is a formal statement of the operative facts
that give rise to such remedial right. The former is a matter of right
and depends on the substantive law, while the latter is a matter of statement
and is governed by the law of procedure.
LABOR LAW:NATURE
AND FUNCTION OF NLRC WHEN SITTING IN A COMPULSORY ARBITRATION CERTIFIED
BY THE SECRETARY OF LABOR.
When sitting in a compulsory arbitration certified to by the
Secretary of Labor, the NLRC is not sitting as a judicial court but as
an administrative body charged with the duty to implement the order of
the Secretary. Its function only is to formulate the terms and conditions
of the CBA and cannot go beyond the scope of the order. Moreover, the Commission
is further tasked to act within the earliest time possible and with the
end in view that its action would not only serve the interests of the parties
alone, but would also have favorable implications to the community and
to the economy as a whole. This is the clear intention of the legislative
body in enacting Art. 263 paragraph (g) of the Labor Code, as amended by
Section 27 of R.A. 6175.
COMMERCIAL LAW:SHARES
OF STOCK; HOW TITLE TRANSFERRED.
As provided under Section 3 of Batas Pambansa Bilang 68, otherwise
known as the Corporation Code of the Philippines, shares of stock may be
transferred by delivery to the transferree of the certificate properly
indorsed. Title may be vested in the transferree by the delivery of the
duly indorsed certificate of stock. However, no transfer shall be
valid, except as between the parties until the transfer is properly recorded
in the books of the corporation.
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