
CIVIL LAW:SALE
OF LAND IS VALID REGARDLESS OF FORM; REQUISITE UNDER ARTICLE 1458 OF THE
CIVIL CODE FOR CONVENIENCE ONLY.
A sale of land is valid regardless of the form it may have been entered into. The requisite form under Article 1458 of the Civil Code is merely for greater efficacy or convenience and the failure to comply therewith does not affect the validity and binding effect of the act between the parties. If the law requires a document or other special form, as in the sale of real property, the contracting parties may compel each other to observe that form, once the contract has been perfected. Their right may be exercised simultaneously with action upon the contract.CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; DWELLING; WHEN CONSIDERED AGGRAVATING. Dwelling aggravates a felony where the crime was committed in the dwelling of the offended party if the latter has not given provocation or if the victim was killed inside his house. Dwelling is considered aggravating primarily because of the sanctity of privacy the law accords to human abode. He who goes to another's house to hurt him or do him wrong is more guilty than he who offends him elsewhere. Although accused-appellant was outside of the house when he fired, the victim was inside his house. For the circumstance of dwelling to be considered, it is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant might have devised means to perpetrate the assault from the outside.REMEDIAL LAW:CERTIORARI; MOTION FOR RECONSIDERATION NEEDED. In essence, a writ of certiorari may be issued only when petitioner has no other plain, speedy and adequate remedy in the ordinary course of law. Hence, generally, a motion for reconsideration must first be filed with the lower court prior to resorting to the extraordinary writ of certiorari since a motion for reconsideration is still considered an adequate remedy in the ordinary course of law. The rationale for the filing of a motion for reconsideration is to give an opportunity to the lower court to correct its imputed errors. Generally, only when a motion for reconsideration has been filed and subsequently denied can petitioner avail of the remedy of the writ of certiorari.LABOR LAW:AUTHORIZED CAUSES OF DISMISSAL; REDUNDANCY. Redundancy exists when the service capability of the work force is in excess of what is reasonably needed to meet the demands of the enterprise. A redundant position is one rendered superfluous by a number of factors, such as overhiring of workers, decreased volume of business, dropping of a particular product line previously manufactured by the company or phasing out of a service previously undertaken by the business.COMMERCIAL LAW:CORPORATE DIRECTORS AND OFFICERS SOLIDARILY LIABLE WITH CORPORATION FOR TERMINATION OF EMPLOYMENT DONE IN BAD FAITH OR WITH MALICE. In labor cases, particularly, the Court has held corporate directors and officers solidarily liable with the corporation for the termination of employment of corporate employees done with malice or in bad faith. Bad faith or negligence is a question of fact and is evidentiary. It has been held that bad faith does not connote bad judgement or negligence; it imports a dishonest purpose or some moral obliquity and conscious doing of wrong; it means breach of a known duty thru some motive or interest or ill will; it partakes of the nature of fraud. |
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