CIVIL LAW:ALTERATION
PLANS;MAJORITY OF HOMEOWNERS CONSENT NEEDED.
In alteration plans, written approval of the National Housing
Authority alone is not sufficient. It must be coupled with the written
conformity or consent of the duly organized homeowners association or the
majority of the lot buyers.
CRIMINAL LAW:AGGRAVATING
CIRCUMSTANCES;NIGHTTIME;WHEN ABSORBED IN TREACHERY.
Nighttime or nocturnity was absorbed in treachery since it
was evidently an integral part of pecuIiar treacherous means and manner
adopted to ensure the execution of the crimes or that it facilitated the
treacherous character of the attack.
REMEDIAL LAW:VENUE
OF SUITS;AGREEMENT OF PARTIES;WHEN PERMISSIVE.
In interpreting situations, inquiry must be made as to whether
or not the agreement is restrictive in the sense that the suit may be filed
only in the place agreed upon or merely permissive in that the parties
may file their suits not only in the place agreed upon but also in the
places fixed by the rules.
LABOR LAW: ABANDONMENT;MERE
ABSENCE NOT CONSIDERED AS ABANDONMENT.
For abandonment to arise, there must be concurrence of two
things: (1) lack of intention to work; and (2) the presence of overt acts
signifying the employee's intention not to work. While absence from
work for a prolonged period may suggest abandonment in certain instances,
mere absence of one or two days would not be enough to sustain such a claim.
ADMINISTRATIVE LAW:EFFECT
OF NON-EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Non-exhaustion of administrative remedies is not jurisdictional
- it only renders the action premature, i.e., the claimed cause of action
is not ripe for judicial determination and for that reason a party has
no cause of action to ventilate in court.
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