CIVIL LAW:DONATIONS;
REQUIREMENTS FOR DONATION OF AN IMMOVABLE; REGISTRATION OF DONATION.
Article 749 of the Civil Code provides inter alia that "in
order that the donation of an immovable may be valid, it must be made in
a public document, specifying therein the property donated and the value
of the charges which the donee must satisfy." Corollarily, Article
709 of the same Code explicitly states that "the titles of ownership, or
other rights over immovable property, which are not duly inscribed or annotated
in the Registry of property shall not prejudice third persons." From the
foregoing provisions, it may be inferred that as between the parties to
a donation of an immovable property, all that is required is for said donation
to be contained in a public document. Registration is not necessary
for it to be considered valid and effective. However, in order to
bind third persons, the donation must be registered in the Registry of
Property (now Registry of Land Titles and Deeds). Although the non-registration
of a deed of donation shall not affect its validity, the necessity of registration
comes into play when the rights of third persons are affected.
CRIMINAL LAW:BAIL;
LATITUDE OF COURT IN FIXING AMOUNT.
The court has wide latitude in fixing the amount of bail. Where it
fears that the accused may jump bail, it is certainly not precluded from
installing devices to ensure against the same. Options may include
increasing the bail bond to an appropriate level, or requiring the person
to report periodically to the court and to make an accounting of his movements.
REMEDIAL LAW:RES
JUDICATA; IDENTITY OF ISSUES; RULE ON CONCLUSIVENESS OF JUDGMENT.
When there is no identity of causes of action, but only an
identity of issues, there exists res judicata in the concept of conclusiveness
of judgment. Although it does not have the same effect as res judicata
in the form of bar by former judgment which prohibits the prosecution of
a second action upon the same claim, demand, or cause of action, the rule
on conclusiveness of judgment bars the relitigation of particular facts
or issues in another litigation between the same parties on a different
claim or cause of action.
LABOR LAW:PAYMENT
OF SEPARATION PAY; SOCIAL JUSTICE POLICY; EXAMPLES.
There should be no question that where it comes to such valid
but not iniquitous causes of failure to comply with work standards, the
grant of separation pay to the dismissed employee may be both just and
compassionate, particularly if he has worked for some time with the company.
For example, a subordinate who has irreconcilable policy or personal differences
with his employer may be validly dismissed for demonstrated loss of confidence,
which is an allowable ground. A working mother who has also to take care
of her child may also be removed because of her poor attendance, this being
another authorized ground. It is not the employee's fault if he does not
have the necessary aptitude for his work but on the other hand the company
cannot be required to maintain him just the same at the expense of the
efficiency of its operations. He too may be validly replaced. Under these
and similar circumstances, however, the award to the employee of separation
pay would be sustainable under the social justice policy even if the separation
is for cause.
COMMERCIAL LAW:ASSIGNMENT
OF CREDIT; DEFINED.
An assignment of credit is an act of transferring, either onerously
or gratuitously, the right of an assignor to an assignee who would then
be capable of proceeding against the debtor for enforcement or satisfaction
of the credit. The transfer of rights takes place upon perfection
of the contract, and ownership of the right, including all appurtenant
accessory rights, is thereupon acquired by the assignee. The assignment
binds the debtor only upon acquiring knowledge of the assignment but he
is entitled, even then, to raise against the assignee the same defenses
he could set up against the assignor. Where the assignment is on
account of pure liberality on the part of the assignor, the rules on donation
would likewise be pertinent; where valuable consideration is involved,
the assignment partakes of the nature of a contract of sale or purchase.
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