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.
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