Temere Animus

  ART. 2, NCC; EFFECTIVITY OF LAWS;   General Rule: ·         Laws shall take effect   after 15 days ·         following the completion of their publication either in the o    in the Official Gazette, or o   in a newspaper of general circulation in the Philippines,  Exception: ·      unless it is otherwise provided. (Solely refers to the 15-day period and not to the req. of publication.   Publication under EO 292 (Administrative Code) Sec. 18. When Laws Take Effect. [ [1] ] Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.   Sec. 24.  Contents. [ [2] ] There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and admin...

SERRANO V. GALLANT MARITIME SERVICES, INC. AND MARLOW NAVIGATION CO., INC. GR No. 167614 - March 24, 2009  FACTS: Petitioner Antonio Serrano was hired by respondents Gallant Maritime Services, Inc. and Marlow Navigation Co., Inc., under a POEA-approved contract of employment for 12 months, as Chief Officer, with the basic monthly salary of US$1,400, plus $700/month overtime pay, and 7 days paid vacation leave per month.   On March 19, 1998, the date of his departure, Serrano was constrained to accept a downgraded employment contract for the position of Second Officer with a monthly salary of US$1,000 upon the assurance and representation of respondents that he would be Chief Officer by the end of April 1998.   Respondents did not deliver on their promise to make Serrano Chief Officer. Hence, Serrano refused to stay on as second Officer and was repatriated to the Philippines on May 26, 1998, serving only two (2) months and seven (7) days of his contract...

Contracts of Adhesion   are one in which one of the contracting parties imposes a ready-made form of contract which the other party may accept or reject, but cannot modify. One party prepares the stipulation in the contract, while the other party merely affixes his signature or his "adhesion" thereto, giving no room for negotiation and depriving the latter of the opportunity to bargain on equal footing. ( Polotan,Sr. vs. Honorable CA, et al., 1988 ) Some Cases related thereto: Pilipino Telephone Corporation vs. Tecson Pilipinas Shell Petroleum Corporation vs. John Bordman Ltd. of Iloilo, Inc Citibank, N.A. (Formerly First National City Bank) vs. Modesta R. Sabeniano Citibank, N.A., et al. vs. M. R. Sabeniano Sps. Raul & Amalia Panlilio Vs. Citibank, N.A. Equitable PCI Bank vs. Ng Sheurig Ngor

G.R. No. 187023; November 17, 2010  IMANI, vs. MBTC  Doctrines: Indeed, all property of the marriage is presumed to be conjugal.  However, for this presumption to apply, the party who invokes it must first prove that the property was acquired during the marriage. Proof of acquisition during the coverture is a condition sine qua non to the operation of the presumption in favor of the conjugal partnership. Thus, the time when the property was acquired is material.  The basic rule of evidence is that unless the affiants themselves are placed on the witness stand to testify on their affidavits, such affidavits must be rejected for being hearsay.  In the same vein, the photocopies of the checks cannot be given any probative value.  a photocopy of a document has no probative value and is inadmissible in evidence. FACTS:  (Petitioner) Umani signed a Continuing Suretyship Agreement in favor of respondent Metropolitan Bank & Trust Company (Metrobank), wit...

Mandamus is an extraordinary remedy compelling a tribunal, corporation, board, or person to perform a duty expressly required by law . It applies when: 1️⃣ An entity unlawfully neglects the performance of a legal duty arising from an office or trust. 2️⃣ An entity unlawfully excludes another from a right or office to which they are entitled. 3️⃣ There is no other adequate or speedy legal remedy available. 📌 Relevant Case: De Leon v. Duterte (G.R. No. 252118, 2020) Essential Elements of a Mandamus Petition 📌 To successfully invoke mandamus, the petitioner must prove: ✔ Legal Right – The petitioner must demonstrate a clear legal right to compel the action. ✔ Correlative Obligation – The respondent must have a duty to respect that right . ✔ Violation by the Respondent – There must be an act or omission violating the petitioner’s right . ✔ Refusal to Comply – A failure to perform the duty , whether explicit or implied, triggers a cause of action. 📌 Relevant Case: Phi...

GR no. 173615| PNB v. Tejano, Jr.  October 16, 2009 Doctrines; Sound indeed is the rule that where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation or even construction. This is based on the presumption that the words employed therein correctly express its intent and preclude even the courts from giving it a different construction. (Verbal egis) It is binding rule, conformably with Article 4 of the Civil Code, that, generally, laws shall have only a prospective effect and must not be applied retroactively in such a way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non respicit (the law looks forward and not backward.) Moreover, jurisdiction is conferred by no other source than law. Once jurisdiction is acquired, it continues until the case is finally terminated. The rule is that where a court has already obtained and is exercising jurisdiction over a...