CIVIL LAW:COMMON
CARRIERS; LIABILITY OF TICKET-ISSUING AIRLINE
A common carrier has a peculiar relationship with and an exacting
responsibility to its passengers. For reasons of public interest
and policy, the ticket-issuing airline acts as principal in a contract
of carriage and is thus liable for the acts and the omissions of any errant
carrier to which it may have endorsed any sector of the entire, continuous
trip.
CRIMINAL LAW:ACCOMPLICE;
REQUIREMENT FOR CONVICTION
An accomplice is one who, not being a principal, cooperates
in the execution of the offense by previous or simultaneous acts. Thus,
conviction as an accomplice entails that the accused be aware of the criminal
intent of the principal and knowingly or intentionally cooperates with
him towards the efficacious execution of the crime.
REMEDIAL LAW:JURISDICTION
OF SUPREME COURT IN CASES FROM COURT OF APPEALS
Time and again, it has been ruled that the jurisdiction of
the Supreme Court in cases brought to it from the Court of Appeals is limited
to reviewing and revising the errors of law imputed to it, its findings
of fact being conclusive. It is not the function of the Supreme Court to
analyze or weigh such evidence all over again, its jurisdiction being limited
to reviewing errors of law that might have been committed. Absent, therefore,
a showing that the findings complained of are totally devoid of support
in the record, so that they are so glaringly erroneous as to constitute
serious abuse of discretion, such findings must stand, for the Supreme
Court is not expected or required to examine or contrast the oral and documentary
evidence submitted by the parties.
LABOR LAW:ABANDONMENT
OF PUBLIC OFFICE BY NON-USE OR ACQUIESCENCE
Generally speaking, a person holding a public office may abandon
such office by non-user or acquiescence. Non-user refers to a neglect to
use a right or privilege or to exercise an office. However, nonperformance
of the duties of an office does not constitute abandonment where such nonperformance
results from temporary disability or from involuntary failure to perform.
Abandonment may also result from an acquiescence by the officer in his
wrongful removal or discharge, for instance, after a summary removal, an
unreasonable delay by an officer illegally removed in taking steps to vindicate
his rights may constitute an abandonment of the office.
COMMERCIAL LAW:COMMON
CARRIERS; BOUND TO OBSERVE EXTRAORDINARY DILIGENCE
From the nature of their business and for reasons of public
policy, common carriers are bound to observe extraordinary diligence in
the vigilance over the goods and for the safety of passengers transported
by them, according to all the circumstances of each case. In the
event of loss, destruction or deterioration of the insured goods, common
carriers shall be responsible unless the same is brought about, among others,
by flood, storm, earthquake, lightning or other natural disaster or calamity.
In all other cases, if the goods are lost, destroyed or deteriorated, common
carriers are presumed to have been at fault or to have acted negligently,
unless they prove that they observed extraordinary diligence.
|