De Facto Government Doctrine
xxx a de facto government is one wherein the said government is in control of the political affairs in the state; lacking one or more of the legal requisites of government. (Nachura, 2016)
Search Results for: What is possession
What is the right of stoppage in transitu?
When the buyer of the goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. (Article 1530, Civil Code)
The Supreme Court decides: The time period during which the applicant must have possessed the subject land under a bona fide claim of ownership has been changed from “since June 12, 1945 or earlier” to 20 years immediately before the filing of the application for confirmation of title. Xxx Importantly, the approval of the DENR Secretary for land classification or an original classification document is no longer required.
In light of recent legal and jurisprudential developments during the proceedings of this case, the Court has decided to send the matter back to the appellate court for the admission of new evidence.
Basis of Just Compensation in Expropriation Cases
Private property shall not be taken for public use without just compensation. (Section 9, Article III, 1987 Constitution)
Just compensation is the full and fair equivalent of the property taken from its owner by the expropriator.
Elements of Tenancy Relationship
What is an agricultural tenancy?
Republic Act No. 1199 or the Agricultural Tenancy Act of the Philippines defines agricultural tenancy as the physical possession by a person of land devoted to agriculture belonging to, or legally possessed by, another for the purpose of production through the labor of the former and of the members of his immediate farm household, in consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or in both. (Section 3, R.A. No. 1199)
Who has the burden of proving that overtime work has been performed?
The burden of proving entitlement to overtime work rests on the employee, as this monetary claim is not incurred in the normal course of business.
It is thus incumbent upon the employee to first prove that he actually rendered service in excess of the regular eight working hours a day, and that he in fact worked on holidays and rest days.
(Reggie Zonio v. 1st Quantum Leap Security Agency, Inc. and Romulo Par, G.R. No. 224944, May 05, 2021)
De Facto Officer Doctrine
The De Facto Officer doctrine is primarily for protecting those who rely on the official acts of persons discharging the duties of a public office, without being lawful officers. It is meant to ensure the functioning of the government “despite technical defects in the official’s title to office. (Lee Arroyo vs. Honorable Court of Appeals, G.R No. 202860, April 10, 2019)
DURATION WHEN THE COMMON CARRIER MUST OBSERVE EXTRAORDINARY DILIGENCE
The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of Article 1738. (Article 1736, New Civil Code of the Philippines)
The Supreme Court decides: The distinction between a contract of sale and contract to sell is well-established in the decisions of the Court.
In determining the real nature of a contract, the express terms of the written agreement and the contemporaneous and subsequent acts of the parties are taken into consideration.
Limited Liability Rule
The shipowner and the ship agent shall be civilly liable for the acts of the captain and for the obligations contracted by the latter to repair, equip, and provision the vessel, provided the creditor proves that the amount claimed was invested for the benefit of the same. (Article 586, Civil Code)