
CIVIL LAW:POSSESSION;
PURCHASER AT AUCTION SALE NOT OBLIGED TO BRING SUIT FOR POSSESSION AFTER
LASE OF ONE YEAR REDEMPTION PERIOD.
There is no law in this jurisdiction whereby the purchaser at a sheriff's sale of real property is obliged to bring a separate and independent suit for possession after the one-year period for redemption has expired and after he has obtained the sheriff's final certificate of sale. There is neither legal ground nor reason of public policy precluding the court from ordering the sheriff in this case to yield possession of the property purchased at public auction where it appears that the judgment debtor is the one in possession thereof and no rights of third persons are involved.CRIMINAL LAW:CRIMINAL PROSECUTIONS; REINVESTIGATION; OPTIONS OF THE OMBUDSMAN. In criminal prosecutions, a reinvestigation, like an appeal, renders the entire case open for review. It matters not that the complainants did not seek a reinvestigation or reconsideration of the dismissal of the charges against petitioners. Consistent with its independence as protector of the people and as prosecutor to ensure accountability of public officers, the Ombudsman is not and should not be limited in its review by the action or inaction of complainants. On the other hand, it is clear from Section 15 of R.A. 6770 that the Ombudsman may motu proprio conduct a reinvestigation to assure that the guilty do not go unpunished.REMEDIAL LAW:GRAVE ABUSE OF DISCRETION; DEFINED. Grave abuse of discretion implies a capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty enjoined or to act at all in contemplation of law. It is not sufficient that a tribunal, in the exercise of its power, abused its discretion; such abuse must be grave.LABOR LAW:SOCIAL JUSTICE POLICY; EXPLAINED. The social justice policy mandates a compassionate attitude toward the working class in its relations with management. While in calling for the-protection of labor, the Constitution does not condone wrongdoing by the employee, it nevertheless urges a moderation of the sanctions that may be applied to him in the light of the many disadvantages that weigh heavily on him like an albatross hanging from his neck. Management must look upon the working class with sympathy, remembering that they are equal partners joined in a common venture whose success should redound to their mutual benefit.COMMERCIAL LAW:CORPORATION; INVESTED BY LAW WITH A SEPARATE AND DISTINCT PERSONALITY FROM PERSONS COMPRISING IT. It is basic that a corporation is invested by law with a personality separate and distinct from those of the persons composing it as well as from that of any other legal entity to which it may be related. Mere ownership by a single stockholder or by another corporation of all or nearly all of the capital stock of a corporation is not of itself sufficient ground for disregarding the separate corporate personality. |
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