CIVIL LAW:PROPERTY;
ACCRETION; REQUISITES
Accretion as a mode of acquiring property under Article 457
of the Civil Code, requires the concurrence of the following requisites:
(1) that the accumulation of soil or sediment be gradual and imperceptible;
(2) that it be the result of the action of the waters of the river; and
(3) that the land where the accretion takes place is adjacent to the bank
of the river
CRIMINAL LAW:CONSPIRACY;
MAY BE INFERRED FROM ACTS OF THE ACCUSED
Direct proof is not essential to establish conspiracy as this
may be inferred from the acts of the accused before, during and after the
commission of the crime which, indubitably, point to and are indicative
of a joint purpose concert of action and community of interest.
REMEDIAL LAW:ABATEMENT
OR DISMISSAL OF ACTION; LITIS PENDENTIA
In order to constitute a ground for the abatement or dismissal
of an action, litis pendentia must exhibit the concurrnece of the following
requisites: (a) identity of parties, or at least such as representing the
same interest in both actions; (b) identity of rights asserted and relief
prayed for, the relief being founded on the same facts; and (c) identity
in the two cases should be such that the judgment that may be rendered
in the pending case would, regardless of which party is successful, amount
to res judicata in the other.
LABOR LAW:APPEAL
TO NLRC; HOW TAKEN
An appeal from the Labor Arbiter's decision to the NLRC may
be taken (1) by filing a verified memorandum of appeal and (2) by paying
the appeal fees within ten calendar days from receipt of a decision, award
or order of the Labor Arbiter,both of which requisites must be satisfied,
otherwise the running of the prescriptive period for perfecting an appeal
will not be tolled.
ADMINISTRATIVE LAW:PERIOD
FOR FILING AN ELECTION PROTEST AGAINST BARANGAY OFFICER
A petition or protest contesting the election of a barangay
officer should be decided by the municipal or metropolitan trial court
within fifteen days from the filing thereof. If the caseload of the judge
presents the disposition of cases within the reglementary periods, he should
ask the Supreme Court for a reasonable extension of time to dispose of
cases involved.
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