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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.