CIVIL LAW:AGENCY;
SCOPE OF AUTHORITY.
As far as third persons are concerned, an act is deemed to
have been performed within the scope of the agent's authority if such is
within the the terms of the power of attorney as written even if the agent
has in fact exceeded the limits of his authority according to the understanding
between the principal and the agent.
CRIMINAL LAW:TREACHERY;
REQUISITES.
For treachery to be present, two conditions must concur, namely,
(a) the employment of means of execution that gives the personnattacked
no opportunity to defend himself or retaliate, and (b) the means of execution
was deliberately or consciously adopted.
REMEDIAL LAW:ACTIONS;
DEFINED.
An action is a formal demand of one's legal rights in a court
of justice in the manner prescribed by the court or by the law. The
determinative or operative fact which converts a claim into an "action
or suit" is the filing of the same with a "court of justice". Filed
elsewhere, as with some other body or office not a court of justice, the
claim may not be categorized under either term.
LABOR LAW:ABANDONMENT;
ELEMENTS
To constitute abandonment, two elements must concur: (1) the
failure to report for work or absence without valid or justifiable reason,
and (2) a clear intention to sever the employer-employee relationship.
If the employee's aim is to secure the benefits due them from their employer,
abandonment would surely be an illogical and impractical recourse, especially
for simple laborers.
ADMINISTRATIVE LAW:VALIDITY
OF ADMINISTRATIVE ORDERS WHEN ABANDONED BY ADMINISTRATIVE AGENCY.
The question of the validity of an Administrative Order has
become moot and academic where the administrative policy, the validity
of which is sought to be justified by private parties, has already been
abandoned by the very administrative agency which adopted it.
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