CIVIL LAW:ADOPTION;
STATUTES; PURPOSE
The main purpose of adoption statutes is the promotion of the
welfare of children. The law must also be applied with compassion, understanding
and less severity in view of the fact that it is intended to provide home,
love, care and education for less fortunate children.
CRIMINAL LAW:AGGRAVATING
CIRCUMSTANCE OF RELATIONSHIP; AWARD OF EXEMPLARY DAMAGES IN CRIME OF RAPE
The relationship of stepfather or stepmother and stepson or
stepdaughter is included by analogy as similar to that of ascendant and
descendant, and where appreciated as an aggravating circumstance in rape,
the award of exemplary damages, in addition to moral damages, is proper.
REMEDIAL LAW:CONTEMPT;NOT
SUBJECT TO SEPARATE ACTION
The contention that a party's complaint for contempt must be
the subject of a separate action would nullify contempt proceedings as
means of securing obedience to the lawful processes of a court-this theory
would reward ingenuity and cunning in revising orders which substantially
are the same as the order previously prohibited by the court.
LABOR LAW: POWERS
OF SECRETARY OF LABOR; EFFECTIVITY OF ARBITRAL AWARDS
In the absence of a specific provision of law prohibiting retroactivity
of the effectivity of arbitral awards issued by the Secretary of Labor,
he is deemed vested with plenary and discretionary powers to determine
the effectivity thereof.
ADMINISTRATIVE LAW:
EXHAUSTION OF ADMINISTRATIVE REMEDIES; SIGNIFICANCE
Exhaustion of the remedies in the administrative forum, being
a condition precedent prior to one's recourse to the courts and more importantly,
being an element of private respondent's right of action, is too significant
to be waylaid by the lower court.
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