CIVIL LAW:POSSESSION;
MUST BE ADVERSE TO CONSITUTE THE FOUNDATION OF A PRESCRIPTIVE RIGHT.
Possession, under the Civil Code, to constitute the foundation
of a prescriptive right, must be possession under claim of title (en concepto
de dueno), or to use the common law equivalent of the term, it must be
adverse. Acts of possessory character performed by one who holds by mere
tolerance of the owner are clearly not en concepto de dueno, and such possessory
acts, no matter how long so continued, do not start the running of the
period of prescription.
CRIMINAL LAW:SELF-DEFENSE;
NATURE AND REQUSITES.
The validity of self-defense is premised on the impossibility
on the part of the State to at all times prevent aggression upon its people.
Founded in the human instinct to protect, repel and save one's person from
impending danger or peril, the right of self-defense justifies measures
taken by one who is attacked and placed in a situation where he either
has to forfeit his life or has to take the life of his assailant.
Nevertheless, the application of this justifying circumstance, in this
context, requires a clear showing 1) that the victim has committed unlawful
aggression amounting to actual or imminent threat to the life and limb
of the person claiming self defense; 2) that there be reasonable necessity
in the means employed to prevent or repel the unlawful aggression; and
3) that there be lack of sufficient provocation on the part of the person
claiming self-defense or, at least, that any provocation executed by the
person claiming self-defense be not the proximate and immediate cause of
the victim's aggression.
REMEDIAL LAW:RIGHT
OF ACTION; WHEN IT ACCRUES AND BECOME OPERATIVE.
The right of action springs from the cause of action, but does
not accrue until all the facts which constitute the cause of action have
occurred. When there is an invasion of primary rights, then and not until
then does the adjective or remedial law become operative, and under it
arise rights of action. There can be no right of action until there has
been a wrong a violation of a legal right and it is then given
by the adjective law.
LABOR LAW:UNFAIR
LABOR PRACTICE; ACCUSATION THEREOF SHOULD INCLUDE ALL ACTS OF UNFAIR LABOR
PRACTICE.
We have already held that when a labor union accuses an employer
of acts of unfair labor practice allegedly committed during a given period
of time, the charges should include all acts of unfair labor practice committed
against any and all members of the union during that period. The union
should not, upon dismissal of the charges first preferred, be allowed to
split its cause of action and harass the employer with subsequent charges
based upon acts committed during the same period of time (Dionela, et al.
v. CIR, No. L-19334, August 31, 1963, 8 SCRA 832 at 837).
COMMERCIAL LAW:SEC
JURISDICTION; DETERMINED BY ALLEGATIONS IN COMPLAINT.
Petitioner conjures a supposed conflict of jurisdiction between
the Central Bank and the SEC by insisting that it is only the Central Bank
that has jurisdiction over violations of PD 114. The argument is
misplaced. Basic is the rule that it is the allegations in the complaint
that vests jurisdiction. A case in point is Philippine Woman’s Christian
Temperance Union, Inc. vs. Abiertas House of Friendship, Inc. wherein we
held that when the thrust of a complaint is on the ultra vires act of a
corporation, that is the complained act of a corporation is contrary to
its declared corporate purposes, the SEC has jurisdiction to entertain
the complaint before it.
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