CIVIL LAW:REGISTRATION;
NOT EQUIVALENT TO TITLE; TORRENS SYSTEM.
Registration is not the equivalent of title. Under the Torrens
system, registration only gives validity to the transfer or creates a lien
upon the land. It was not established as a means of acquiring title to
private land because it merely confirms, but does not confer, ownership.
CRIMINAL LAW:AGGRAVATING
CIRCUMSTANCES; TREACHERY; PROOF NEEDED.
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.
REMEDIAL LAW:WRIT
OF PRELIMINARY INJUNCTION; REQUISITES.
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.
LABOR LAW:TERMINATION
OF EMPLOYMENT; MISCONDUCT AND DISOBEDIENCE.
Misconduct is the transgression of some established and
definite rule of action, a forbidden act, a dereliction of duty, willful
in character, and implies wrongful intent and not mere error of judgment.
As a just cause for termination, the misconduct must
be serious, which implies that it must be of such grave and aggravated
character and not merely trivial or unimportant. On the other hand,
disobedience, as a just cause for termination, must be willful or intentional.
Willfulness is characterized by a wrongful and perverse mental attitude
rendering the employee’s act inconsistent with proper subordination. Not
every case of insubordination or willful disobedience by an employee of
a lawful work-connected order of the employer is reasonably penalized with
dismissal.
COMMERCIAL LAW:
RIGHT OF SUBROGATION; ROOTED IN EQUITY.
The right of subrogation has its roots in equity. It
is designed to promote and to accomplish justice and is the mode which
equity adopts to compel the ultimate payment of a debt by one who in justice
and good conscience ought to pay. It is not dependent upon, nor does it
grow out of, any privity of contract or upon written assignment of claim.
It accrues simply upon payment by the insurance company of the insurance
claim.
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