Doctrine of equivalents test. Law, p. 86, 2. [The] well-settled doctrine that political questions are not within the province of the judiciary, except to the extent that power to deal with such questions has been conferred upon the courts by express constitutional or statutory provisions. For an act or event to be considered a proximate cause, it does not necessarily have to directly precede a loss or begin a … VI of the Consti. The past cannot always be erased by a new judicial declaration. The doctrine [holding] that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof. v. NLRC, GR 108813 Dec. 15, 1994]. [Professional Services, Inc. v. Agana, GR 126297, 126467 and 127590, Jan. 31, 2007, 513 SCRA 478, 500-501]. hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. ; (3) Delegation to the people at large; (4) Delegation to local governments; and (5) Delegation to administrative bodies. An elementary principle in the administration of justice [where] no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. A legal doctrine which makes a person negligent for leaving a piece of equipment or other condition on property which would be both attractive and dangerous to curious children. [First Phil. Also called the Doctrine of adherence tojudicial precedents. Proximate Cause An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. 139]. Doctrine of ultimate consumption. cannot be expected to exercise his control powers all at the same time and in person, he will have to delegate some of them to his Cabinet members, who in turn and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. Beyond this contract, there are a number of accepted principles and practices that determine how the insurer 2, 2007, 517 SCRA 255]. [The doctrine stating that] when “the notion of legal entity is used to defeat public convenience, justify wrong, protect fraud, or defend crime, x x x the law will regard the corporation as an association of persons, or in the case of two corporations, merge them into one, the one being merely regarded as part or instrumentality of the other. [Quijano v. Mercury Drug Corp., GR 126561. Doctrine that is a recognized exception to the rule against hearsay evidence based on the belief that, because certain statements are made naturally, spontaneously, and without deliberation during the course of an event, they leave little room for misunderstanding or misinterpretation upon hearing by someone else, i.e., by the witness, who will later repeat the statement to the court, and thus the courts believe that such statements carry a high degree of credibility. Doctrine of prior use. [The doctrine] enunciated in Art. [Antonio v. Sayman Vda. Doctrine of comparative negligence, [The doctrine that allows] a recovery by a plaintiff whose own act contributed to his injury, provided his negligence was slight as compared with that of the defendant. [Villanueva v. UCPB, GR 138291, Mar. Doctrine of proper submission. Doctrine of ostensible authority. [Jusmag v. NLRC, GR 108813. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. [Borlongan v. Buenaventura, GR 167234, Feb. 27, 2006]. The basic premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. [Sinsuat v. Pendatun, GR L-31501, June 30, 1970, 33 SCRA 630]. [Rakes v. The Atlantic, Gulf and Pacific, Co., GR 1719, Jan. 23, 1907]. Lat. See Attractive nuisance doctrine. 1, EO 226. A pending suit. No. [A doctrine] based upon grounds of public policy which requires, for the peace of society, the discouragement of stale claims and x x x is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted. [Ong v. Metropolitan Water District, 104 Phil. Doctrine of ripeness for judicial review. 2008]. [Keppel Cebu Shipyard, Inc. v. Pioneer Ins. cause in point of time and earlier cases must be viewed with caution and in the light of this shift of opinion, " The cause which is truly proximate is that which is proximate in efficiency." The only exceptions to the general rule on finality of judgments are the so-called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and inequitable. These are the considerations justifying a presumptive privilege for Presidential communications. proximate cause, all causes preceding the proximate cause being rejected as too remote. 1. Doctrine of vicarious liability. [Manila Memorial Park Cemetery, Inc. v. Linsangan, GR 151319, Nov. 22, 2004, 443 SCRA 394-395]. [Cavite Devt. Proximate cause refers to the first event, or first peril, in a series of events that cause damage in an insurance claim. The doctrine that the harsh provisions of law and the rigid rules of procedure may sometimes be tempered and dispensed with to give room for compassion. Doctrine of primary jurisdiction. Proximate cause can be direct, dominant, effective, immediate cause. VI of the Consti. Doctrine of corporate responsibility. [Lagumbay v. Comelec, 16 SCRA 175 (1966)]. No. Proximate cause requires the plaintiff’s harm to be a reasonably foreseeable consequence of the defendant’s wrongful action. Proximate (adjective) (especially of the cause of something) closest in relationship; immediate "the fact that a storm may show up the poor condition of a flat roof does not signify that storm was the proximate cause of damage to it" Proximate (adjective) closest in space or time "the failure of the proximate military power to lend assistance" Law, p. 86, 2nd Ed. Doctrine of prejudicial question. The rule that all persons dealing with property covered by a Torrens Certificate of Title, as buyers or mortgagees, are not required to go beyond what appears on the face of the title. “Proximate cause has been defined as “that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.” In the above-mentioned case, … Doctrine of rational equivalence. [Professional Services, Inc. v. Agana, GR 126297, Jan. 31, 2007]. [Ponce v. CA, GR L-49494 May 31, 1979]. Doctrine of disregarding the distinct personality of the corporation. Doctrine of proximate cause. 6, Art. is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. 28, 2008, 550 SCRA 132]. Doctrine of stare decisis. ; (2) Delegation of emergency powers to the Pres. . 148560, 19 Nov. 2001]. [The doctrine under which] extra-judicial confessions independently made without collusion which are identical with each other in their essential details and are corroborated by other evidence on record are admissible, as circumstantial evidence, against the person implicated to show the probability of the latter’s actual participation in the commission of the crime. Doctrine of governmental immunity from suit. the employer and employee has been unduly strained by reason of their irreconcilable differences, particularly where the illegally dismissed employee held a managerial or key position in the company, it would be more prudent to order payment of separation pay instead of reinstatement. Submission of piece-meal amendments is constitutional. 365]. de Monje, GR 149624, 29 Sept. 2010, 631 SCRA 471, 480]. The precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom. Doctrine of absorption of common crimes. Exceptions: (1) the correction of clerical errors; (2) the so-called nunc pro tunc entries that cause no prejudice to any party; (3) void judgments; and (4) whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable. No. [The doctrine under which], as applied to the law of contracts, courts of justice will not recognize or uphold a transaction when its object, operation, or tendency is calculated to be prejudicial to the public welfare, to sound morality or to civic honesty. Doctrine of finality of judgment. Penal Code of the Phils. Court on appeal would not disturb the findings of the trial court on the credibility of witnesses in view of the latter’s advantage of observing at first hand their demeanor in giving their testimony. [Gallardo-Corro v. Gallardo, 403 Phil. [The doctrine that] is most commonly stated to the effect that a statute establishing a criminal offense must define the offense with sufficient definiteness that persons of ordinary intelligence can understand what conduct is prohibited by the statute. follows this doctrine, because Sec. See the PAO or IBP chapter near you for free legal aid. Doctrine of constructive compliance. Feb. 14, 1992]. Liability could be placed on the people owning or controlling the premises even when the child was a trespasser who sneaked on the property. the employer and employee has been unduly strained by reason of their irreconcilable differences, particularly where the illegally dismissed employee held a managerial or key position in the company, it would be more prudent to order payment of separation pay instead of reinstatement. The purpose of characterization is to enable the court of the forum to select the proper law. See Pro reo doctrine. of Small Landowners v. Sec. Doctrine of overbreadth. It provides that a claim for refund barred by prescription may be allowed to offset unsettled tax liabilities should be pertinent only to taxes arising from the same transaction on which an overpayment is made and underpayment is due. A fundamental legal principle that a decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered it or by the highest court of the land. [A rule designed] to deter the practice of global forum shopping, [Coquia and Aguiling-Pangalangan, Conflicts Of Laws, pp. A doctrine based upon the misuse of a corporation by an individual for wrongful or inequitable purposes, and in such case the court merely disregards the corporate entity and holds the individual responsible for acts knowingly and intentionally done in the name of the corporation. An elementary principle of higher importance in the administration of justice that the judgment of a court of competent jurisdiction may not be opened, modified, or vacated by any court of concurrent jurisdiction. [Antonio v. Sayman Vda. Rem. XVI of the 1987 Consti., viz: “Sec. Alvin T. Claridades. Law. The past cannot always be erased by a new judicial declaration. These are the considerations justifying a presumptive privilege for Presidential communications. [The doctrine that pertains to] persecution through the misuse or abuse of judicial processes; or the institution and pursuit of legal proceedings for the purpose of harassing, annoying, vexing or injuring an innocent person. These have included tractors, unguarded swimming pools, open pits, and abandoned refrigerators. D E C I S I O N. MONTEMAYOR, J.: On … Court is not a trier of facts. 7, 2010]. [DA v. NLRC, GR 104269, Nov. 11, 1993, 227 SCRA 693]. Internatl. [Borlongan v. Buenaventura, GR 167234, Feb. 27, 2006]. A crime or act of negligence that is so linked to the resulting injury that the law considers it the legal cause of the injury, even if the injury would not have happened but for some other event. 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