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CIVIL LAW:PROPERTY;LIS PENDENS; DEFINED.

Lis pendens is a Latin term which literally means a pending suit or a pending litigation while a notice of lis pendens is an announcement to the whole world that a particular real property is in litigation, serving as a warning that one who acquires an interest over the said property does so at his own risk, or that he gambles on the result of the litigation over the said property. It is but a signal to the intending buyer or mortgagee to take care or beware and to investigate the prospect or non-prospect of the litigation succeeding before he forks down his money.

CRIMINAL LAW:AGGRAVATING CIRCUMSTANCES; PREMEDITATION; HOW APPRECIATED.

Premeditation cannot be appreciated if the evidence does not show when the plan to kill was hatched, or how much time had elapsed before it was carried out. There must be a basis for determining whether the accused had sufficient time between the inception of the plan and its fulfillment to dispassionately consider and accept its consequences. 

REMEDIAL LAW:CRIMINAL PROCEDURE; PROSECUTION OF CRIMINAL CASE; RESPONSIBILITY OF GOVERNMENT PROSECUTOR.

It is axiomatic that the prosecution of a criminal case is the responsibility of the government prosecutor and must always be under his control. This is true even if a private prosecutor is allowed to assist him and actually handles the examination of the witnesses and the introduction of other evidence. The witnesses, even if they are the complaining witnesses cannot act for the prosecutor in the handling of the case. They have no personality to move for its dismissal or revival as they are not even parties thereto nor do they represent the parties to the action. Their only function is to testify. In a criminal prosecution, the plaintiff is represented by the government prosecutor, or one acting under his authority, and by no one else.

LABOR LAW:COLLECTIVE BARGAINING CONTRACT; NON-MEMBER OF UNION ENTITLED TO BENEFITS.

In a long line of cases, this Court has held that when a collective bargaining contract is entered into by the union representing the employees and the employer, even the non-member employees are entitled to the benefits of the contract. To accord its benefits only to members of the union without any valid reason would constitute undue discrimination against nonmembers. It is even conceded, that a laborer can claim benefits from a CBA entered into between the company and the union of which he is a member at the time of the conclusion of the agreement, after he has resigned from said union

ADMINISTRATIVE LAW:AGREED REMEDIES MUST BE RESORTED TO BEFORE PARTIES MAY RESORT TO ADMINISTRATIVE AGENCIES FOR RELIEF.

When the Constitution and by-laws of both unions dictated the remedy for intra-union dispute, such as petitioner’s complaint against private respondents for unauthorized or illegal disbursement of unions funds, this should be resorted to before recourse can be made to the appropriate administrative or judicial body, not only to give the grievance machinery or appeals’ body of the union the opportunity to decide the matter by itself, but also to prevent unnecessary and premature resort to administrative or judicial bodies. Thus, a party with an administrative remedy must not merely initiate the prescribed administrative procedure to obtain relief, but also pursue it to its appropriate conclusion before seeking judicial intervention.