Citation: 739 SCRA 735 at 755-756 Ambiguities or obscurities must be strictly interpreted against the party that caused them. This rigid application of the rule on ambiguities has become necessary in view of current business practices. The courts cannot ignore that nowadays monopolies, cartels and concentration of capital, endowed with overwhelming economic power, manage to impose upon parties dealing with them cunningly prepared ‘agreements’ that the weaker party may not change one whit, his participation in the ‘agreement’ being reduced to the alternative to ‘take it or leave it.’ (Fieldmen’s Insurance Co. Inc. v. Vda. de Songco, 25 SCRA 70 [1968]) Where the written contract is so ambiguous or obscure in terms that the contractual intention of the parties cannot be understood from a mere reading of the instrument , extrinsic evidence of the subject matter of the contract, of the relations of the parties to each other and of the facts and circumstances surrounding them when they ente

MAJORITY VOTE OF ALL ITS RESPECTIVE MEMBERS  Sec. 16(1), Art. VI  Election of Senate President and speaker of the House; The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.  MAJORITY OF EACH HOUSE  Sec. 16(2), Art. VI  Qourum; A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide  MAJORITY VOTE OF ALL THE MEMBERS.  Sec. 18, Art. VI  Ruling of Commission on Appointments; There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organiza

Citation: 739 SCRA 735 In general, Chapter 5 of the New Civil Code provides for the Rules of Interpretation of Contracts, Art.'s 1370 to 1379.  Definition and requisites of a contract A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service (Art. 1305, New Civil Code) Its requisites are as follows: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; and (3) Cause of the obligation which is established. (Art. 1318, New Civil Code) Three phases or stages in contract making The phases that a contract goes through may be summarized as follows: (a) preparation, conception or generation, which is the period of negotiation and bargaining, ending at the moment of agreement of the parties; (b) perfection or birth of the contract, which is the moment when the parties come to agree on the terms of the contract; and (c) consummation or death, whic

A provision or clause in a mortgage, note, bond, deed of trust or other credit agreement, that requires the maker, drawer or other obligor to pay part or all of the balance sooner than the date or dates specified for payment upon the occurrence of some event or circumstance described in the contract. Such clause operates when there has been a default such as nonpayment of principal, interest, or failure to apply insurance premiums . (General Motors Acceptance Corp v. Shuey, 243 Ky. 74. Cf. Radiowealth Finance Company v. Del Rosario, 335 SCRA 288 [2000]; Selegna Management and Development Corporation v. United Coconut Planters Bank, 489 SCRA 125 [2006]; Premiere Development Bank v. Central Surety & Insurance Company, Inc., 579 SCRA 359 [2009])

Citation: 796 SCRA 675 at 683 - 688 1. Where an extrajudicial admission of the crime was made by the accused during custodial investigation. (People v. Nicandro, 141 SCRA 289 [1986]; People v. Santiago, 147 SCRA 141 [1987]) 2. Where the marijuana sticks and the marked money were not recovered from the accused himself. (People v. Fernando, 145 SCRA 151 [1986]) 3. Where there are inherent defects in the testimony of government witnesses. Such defects suggest that they simply concocted the story of a buy-bust operation. (People v. Fernando, 156 SCRA 35 [1987]) 4. If the inculpatory facts and circumstances are capable of two or more explanations one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction. (People v. Taruc, 157 SCRA 178 [1988]; People v. Cruz, 231 SCRA 759 [1994]; People v. Pagaura, 267 SCRA 17 [1997]; People v. Lagmay, 306 S

Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor. (Demaisip v. Cabcaban, 713 SCRA 13 [2014]) Considering that the writ is made enforceable within a judicial region, petitions for the issuance of the writ of habeas corpus, whether they be filed under Rule 102 of the Rules of Court or pursuant to Section 20 of A.M. No. 03-04-04-SC, may therefore be filed with any of the proper Regional Trial Courts (RTCs) within the judicial region where enforcement thereof is sought. (Tujan-Militante v. Cada-Deapera, 731 SCRA 194 [2014]) Service of summons is not required in a habeas corpus petition, be it under Rule 102 of the Rules of Court or A.M. No. 03-04-04-SC. (Id.) An application for a writ of habeas corpus may be made through a petition filed before this court or any of its members, the Court o

h e execution of a judgment pending appeal is an exception to the general rule that only a final judgment may be executed; hence, under Section 2, Rule 39 of the Rules of Court (Rules), the existence of “good reasons” for the immediate execution of a judgment is an indispensable requirement as this is what confers discretionary power on a court to issue a writ of execution pending appeal. (Centennial Guarantee Assurance Corporation v. Universal Motors Corporation, 737 SCRA 654 [2014])

Writ of Amparo as discussed in the case of Mison v. Gallegos, 760 SCRA 363 [2015] The privilege of the writ of amparo is .an extraordinary remedy adopted to address the special concerns of extra-legal killings and enforced disappearances. Accordingly, the remedy ought to be resorted to and granted judiciously, lest the ideal sought by the Amparo Rule be diluted and undermined by the indiscriminate filing of Amparo petitions for purposes less than the desire to secure amparo reliefs and protection and/or on the basis of unsubstantiated allegations. Synopsis: The court in Mison v. Gallegos (2015) discussed the privilege of the writ of amparo as an extraordinary remedy to address the concerns of extra-legal killings and enforced disappearances. The court emphasized the need for judicious use of this remedy to prevent its indiscriminate filing for unsubstantiated claims. In the case of Ja Hoon Ku's petition for the issuance of a writ of amparo, the court found his allegations to be unf

G.R. No. 222980| March 20, 2017 LOURDES C. RODRIGUEZ, petitioner, vs. PARK N RIDE, INC./VICEST (PHILS.), INC./GRAND LEISURE CORP./SPS. VICENTE & ESTELITA B. JAVIER, respondents. Ponente: LEONEN, J.: Doctrines: At the onset, we stress that only questions of law may be raised in a petition for review on certiorari under Rule 45 of the Rules of Court. Factual findings of the Labor Arbiter and the National Labor Relations Commission, if supported by substantial evidence and when upheld by the Court of Appeals, are binding and conclusive upon this Court when there is no cogent reason to disturb the same. In the present case, due to lack of any palpable error, mistake, or misappreciation of facts, this Court discerns no compelling reason to reverse the consistent findings of the appellate court and the labor tribunals. There is constructive dismissal when an employer’s act of clear discrimination, insensibility or disdain becomes so unbearable on the part of the employee so as to foreclo

Full Text:  See  https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63434 G.R. No. 180969, September 11, 2017, NOEL NAVAJA, petitioner, vs. HON. MANUEL A. DE CASTRO or his successor, in his capacity as Presiding Judge of the Municipal Circuit Trial Court of Jagna & Gracia-Hernandez, Jagna, Bohol, and ATTY. EDGAR BORJE, respondents. Ponente : PERLAS-BERNABE, J. Doctrines: Section 1 of PD 1829 defines and penalizes the acts constituting the crime of obstruction of justice, the pertinent portions of which read:  Sec. 1. The penalty of prisión correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:  (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the id