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CIVIL LAW:NOVATION; PAYMENT BY THIRD PERSON DOES NOT RELEASE ORIGINAL DEBTOR.

It is a very common thing in the business affairs for a stranger to a contract to assume its obligations; and while this may have the effect of adding to the number of persons liable, it does not necessarily imply the extinguishment of the liability of the first debtor. The mere fact that the creditor receives a guaranty or accepts payments from a third person who has agreed to assume the obligation, when there is no agreement that the first debtor shall be released from responsibility, does not constitute a novation, and the creditor can still enforce the obligation against the original debtor.

CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; TREACHERY 

It has been repeatedly held by this Court that there exists the qualifying circumstance of treachery when one takes the life of a person who is asleep. As for a victim who had just awakened when attacked, there was also treachery “because the victim, who may still be dazed and unprepared for the attack, would not be in a position to offer any risk or danger of retaliation to the attacker.

REMEDIAL LAW:PROCEDURAL DUE PROCESS IN DISCIPLINARY CASES OF STUDENTS.

The imposition of disciplinary sanctions requires observance of procedural due process. And it bears stressing that due process in disciplinary cases involving students does not entail proceedings and hearings similar to those prescribed for actions and proceedings in courts of justice. The proceedings in student discipline cases may be summary; and cross-examination is not, contrary to petitioners’ view, an essential part thereof. There are withal minimum standards which must be met to satisfy the demands of procedural due process; and these are, that (1) the students must be informed in writing of the nature and cause of any accusation against them; (2) they shall have the right to answer the charges against them, with the assistance of counsel, if desired; (3) they shall be informed of the evidence against them; (4) they shall have the right to adduce evidence in their own behalf; and (5) the evidence must be duly considered by the investigating committee or official designated by the school authorities to hear and decide the case.

LABOR LAW:SECURITY OF TENURE; MANAGERIAL PERSONNEL

Managerial personnel and other employees occupying positions of trust and confidence are entitled to security of tenure, fair standards of employment, and the protection of labor laws. However, the rules on termination of employment, penalties for infractions, and resort to concerted action are not necessarily the same as those for ordinary employees.

COMMERCIAL LAW:ACCOMODATION PARTY; EXTENT OF LIABILITY.

An accommodation party liable on the instrument to a holder for value, although such holder at the time of taking the instrument knew him to be only an accommodation party, does not include nor apply to corporations which are accommodation parties. This is because the issue or indorsement of negotiable paper by a corporation without consideration and for the accommodation of another is ultra vires. Hence, one who has taken the instrument with knowledge of the accommodation nature thereof cannot recover against a corporation where it is only an accommodation party. If the form of the instrument, or the nature of the transaction, is such as to charge the indorsee with knowledge that the issue or indorsement of the instrument by the corporation is for the accommodation of another, he cannot recover against the corporation thereon.