@bogadomo.com

CIVIL LAW:EXTRA-JUDICIAL PARTITION ALLOWED WHEN NO CREDITORS AFFECTED

Without creditors to take into consideration, it is competent for the heirs of an estate to enter into an agreement for distribution thereof in a manner and upon a plan different from those provided by the rules from which, in the first place, nothing can be inferred that a writing or other formality is essential for the partition to be valid

CRIMINAL LAW:SELF-DEFENSE; DUTY OF ACCUSED TO ESTABLISH EVIDENCE

In self-defense the burden of proof rests upon the accused. His duty is to establish by sufficient, satisfactory and convincing evidence the following requisites: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent or repel it; and, (c) lack of sufficient provocation on the part of the person defending himself.

REMEDIAL LAW:CLASSES OF EVIDENCE

The lack or absence of proof beyond reasonable doubt does not mean an absence of any evidence whatsoever for there is another class of evidence which, though insufficient to establish guilt beyond reasonable doubt, is adequate in civil cases; this is preponderance of evidence. Then too, there is the “substantial evidence” rule in administrative proceedings which merely requires such relevant evidence as a reasonable mind might accept as adequate to support a conclusion

LABOR LAW:ELEMENTS OF ILLEGAL RECRUITMENT IN LARGE SCALE

The essential elements of the crime of illegal recruitment in large scale are: (1) the accused engages in acts of recruitment and placement of workers defined under Art. 13(b) or in any prohibited activities under Art. 34 of the Labor Code; (2) the accused has not complied with the guidelines issued by the Secretary of Labor and Employment, particularly with respect to the securing of a license or an authority to recruit and deploy workers, either locally or overseas; and (3) the accused commits the unlawful acts against three or more persons, individually or as a group.

ADMINISTRATIVE LAW:POWERS OF COMMISSIONER OF LAND TRANSPORTATION

The Commissioner of Land Transportation and his deputies are empowered at anytime to examine and inspect such motor vehicles to determine whether said vehicles are registered, or are unsightly, unsafe, improperly marked or equipped, or otherwise unfit to be operated on because of possible excessive damage to highways, bridges and other infrastructures. The LTO is additionally charged with being the central repository and custodian of all records of all motor vehicles.