CIVIL LAW:DIFFERENCE
BETWEEN AGENT AND BROKER
An agent receives a commission upon the successful conclusion
of a sale. A broker earns his pay merely by bringing the buyer and the
seller together, even if no sale is eventually made. The fact that
a person invested his own money to put service centers and showrooms does
not necessarily prove that he is not an agent of a car manufacturer.
CRIMINAL LAW:TREACHERY;
UNEXPECTED AND SUDDEN ATTACK
An unexpected and sudden attack under circumstances which render
the victim unable and unprepared to defend himself by reason of the suddenness
and severity of the attack constitutes alevosia, and the fact that the
act was frontal does not preclude the presence of treachery.
REMEDIAL LAW:ACTIONS
FOR RECOVERY OF ILL-GOTTEN WEALTH; PARTIES
All persons whether natural or juridical, who stand to
lose in favor of the government under a judgment in such actions for recovery
of so-called illegally acquired wealth should be impleaded as defendants
to afford them an opportunity to be heard and to defend themselves in the
action.
LABOR LAW: FINDINGS
OF FACT OF LABOR DEPARTMENT ACCORDED RESPECT AND FINALITY
Factual findings of quasi-judicial agencies, like the labor
department, which have acquired expertise in matters entrusted to their
jurisdiction are accorded by the Supreme Court not only respect but finality
if supported by substantial evidence.
ADMINISTRATIVE LAW:
FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; FATAL TO PARTY'S CAUSE OF ACTION
Failure to exhaust administrative remedies is fatal to a party's
cause of action and a dismissal based on that ground is tantamount to a
dismissal based on lack of cause of action.
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