CIVIL LAW:MORAL DAMAGES; PURPOSE THEREOF.
The purpose of moral damages is essentially indemnity or reparation, both punishment or correction. Moral damages are emphatically not intended to enrich a complainant at the expense of a defendant; they are awarded only to enable the injured party to obtain means, diversion or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendant's culpable action. In other words, the award of moral damages is aimed at a restoration, within the limits of the possible, of the spiritual status quo ante and, it must be proportionate to the suffering inflicted.
CRIMINAL LAW:ACTS OF LASCIVIOUSNESS; ELEMENTS.
Petitioner’s acts of lying on top of the complainant, embracing and kissing her, mashing her breasts, inserting his hand inside her panty and touching her sexual organ, while admittedly obscene and detestable acts, do not constitute attempted rape absent any showing that petitioner actually commenced to force his penis into the complainant’s sexual organ. Rather, these acts constitute acts of lasciviousness. The elements of said crime are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done (a) by using force and intimidation or (b) when the offended party is deprived of reason or otherwise unconscious, or (c) when the offended party is under 12 years of age; and (3) that the offended party is another person of either sex.
REMEDIAL LAW:CREDIBILITY OF WITNESSES; GENERALLY BINDING AND CONCLUSIVE; BEST LEFT TO DETERMINATION OF TRIAL COURT JUDGE.
Where the bone of contention is the credibility of a witness, settled is the rule that the trial court’s assessment of a witness’ credibility is accorded great weight by appellate courts absent any showing that the trial court overlooked certain matters which, if taken into consideration, would have materially affected the outcome of the case. And where the trial court’s findings have been affirmed by the Court of Appeals, these are generally binding and conclusive upon this Court. The determination of the credibility of witnesses is best left to the trial court judge because of his unique opportunity to observe their deportment and demeanor on the witness stand, a vantage point denied appellate tribunals.
LABOR LAW:TEST OF SUPERVISORY OR MANAGERIAL STATUS.
"The test of ‘supervisory’ or ‘managerial status’ depends on whether a person possess authority to act in the interest of his employer in the matter specified in Article 212 (k) of the Labor Code and Section 1 (m) of its Implementing Rules and whether such authority is not merely routinary or clerical in nature, but requires the use of independent judgment. Thus, where such recommendatory powers as in the case at bar, are subject to evaluation, review and final action by the department heads and other higher executives of the company, the same, although present, are not exercise of independent judgment as required by law.
COMMERCIAL LAW:REQUISITES OF FORFEITURE OF GOODS UNDER SECTION 2530(f), IN RELATION TO (1) (3-5) OF THE TARIFF AND CUSTOMS CODE.
The requisites for the forfeiture of goods under Section 2530(f), in relation to (1) (3-5), of the Tariff and Customs Code are: (a) the wrongful making by the owner, importer, exporter or consignee of any declaration or affidavit, or the wrongful making or delivery by the same person of any invoice, letter or paper - all touching on the importation or exportation of merchandise; (b) the falsity of such declaration, affidavit, invoice, letter or paper; and (c) an intention on the part of the importer/consignee to evade the payment of the duties due.
Read other Legal Briefs!