Contracts that are consensual in nature, like a contract of sale, are perfected upon mere meeting of the minds.  Once there is concurrence between the offer and the acceptance upon the subject matter, consideration, and terms of payment, a contract is produced.  The offer must be certain.  To convert the offer into a contract, the acceptance must be absolute and must not qualify the terms of the offer; it must be plain, unequivocal, unconditional, and without variance of any sort from the proposal.  A qualified acceptance, or one that involves a new proposal, constitutes a counter-offer and is a rejection of the original offer.  Consequently, when something is desired which is not exactly what is proposed in the offer, such acceptance is not sufficient to generate consent because any modification or variation from the terms of the offer annuls the offer.

It is a fundamental rule of long standing that for treachery to be appreciated, that circumstance must be present at the inception of the attack, and if absent and the attack is continuous, treachery, even if present at a subsequent stage, is not to be considered. That the final fatal blows may have in truth been delivered under conditions exhibiting some features of treachery does not remedy the fact that the prosecution failed to prove the existence of treachery at the onset of the attack.

It is a long settled rule that for a writ of preliminary mandatory injunction to issue, the following requisites must be present: (1) that the complainant has a clear legal right; (2) that his right has been violated and the invasion is material and substantial; and (3) there is an urgent and permanent necessity for the writ to prevent serious damage.  Equally settled is that, as a rule, injunction will not be granted to take property out of the possession or control of one party and place it into that of another whose title has not clearly been established by law.

The employer’s right to conduct the affairs of his business, according to its own discretion and judgment, is well-recognized.  An employer has a free reign and enjoys wide latitude of discretion to regulate all aspects of employment, including the prerogative to instill discipline in its employees and to impose penalties, including  dismissal, upon  erring employees.  This is a management prerogative, where the free will of management to conduct its own affairs to achieve its purpose takes form.  The only criterion to guide the exercise of its management prerogative is that the policies, rules and regulations on work-related activities of the employees must always be fair and reasonable and the corresponding penalties, when prescribed, commensurate to the offense involved and to the degree of the infraction.

A trust receipt is “a security transaction intended to aid in financing importers and retail dealers who do not have sufficient funds or resources to finance the importation or purchase of merchandise, and who may not be able to acquire credit except thru utilization, as collateral, of the merchandise imported or purchased.”