[Rakes v. The Atlantic, Gulf and Pacific, Co., GR 1719, Jan. 23, 1907]. 3. 2. [EDI-Staffbuilders Internatl., v. NLRC, GR 145587, Oct. 26, 2007, 537 SCRA 409, 430]. The doctrine, when invoked, must have connection with actual fact, must be based on some antecedent lawful rights. that a corporation is bound by a contract entered into by an officer who acts without, or in excess of his actual authority, in favor of a person who deals with him in good faith relying on such apparent authority. Law. Also called the Holding out theory; or Doctrine of ostensible agency or Agency by estoppel. Law. For each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required. [Pantranco North Express, Inc. v. Baesa, 179 SCRA 384]. An established policy that parties must observe the hierarchy of courts before they can seek relief directly from th[e Sup.] [Arradaza v. CA, 170 SCRA 12, 20 (1989)]. Compare with Literal infringement test. Law. Doctrine of constructive compliance. The 'legal rules' in lost profits cases. The doctrine that states that when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. [Aboitiz Shipping Corp. v. CA, GR 121833, Oct. 17, 2008]. Doctrine of ostensible agency. 23(2) of Art. [The doctrine that] personal action terminates or dies with the person. [Art. The State may not be sued without its consent.” 2. [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. The process by which a court adopts the rules of a foreign jurisdiction with respect to any conflict of laws that arises. 1. Doctrine of mortgagee in good faith. Doctrine of self-help. Oct. 13, 1989]. Rem. Proximate cause means “legal cause,” or one that the law recognizes as the primary cause of the injury. [Tolentino v. Baylosis, 1 SCRA 396]. [Aguinaldo v. Santos, 212 SCRA 768, 773 (1992)]. [Cavite Devt. [The doctrine under which] an estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the perpetration of fraud or would result in other injustice. A rule in equity which states that although a person is entitled to injunctive relief, if the injury done to the respondent or the public would be disproportionate, then injunctive relief must be denied. Proximate cause requires the plaintiff’s harm to be a reasonably foreseeable consequence of the defendant’s wrongful action. v. NLRC, GR 108813 Dec. 15, 1994]. Rem. [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. The doctrine [that] comes into play generally in a situation where civil and criminal actions are pending and the issues involved in both cases are similar or so closely related that an issue must be pre-emptively resolved in the civil case before the criminal action can proceed. Succ. Goods intended for civilian use which may ultimately find their way and be consumed by belligerent forces, may be seized on the way. Rather, the contribution is to formulate and test a set of empirical implications on the role of … A doctrine in the law of libel, which means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. Doctrine of waiver of double jeopardy. Also called Doctrine of forgiveness. [Mamba v. Lara, GR 165109, Dec. 14, 2009]. [The doctrine that] no person could be compelled to testify against himself or to answer any question which would have had a tendency to expose his property to a forfeiture or to form a link in a chain of evidence for that purpose, as well as to incriminate him. 28 (2) of Art. Law. [Sacdalan v. CA, GR 128967, May 20, 2004, 428 SCRA 586, 599]. Doctrine of adherence of jurisdiction. shall be presented to the people for the ratification or rejection at the same time, not piecemeal. Feb. 17, 1995]. Also known as Lagumbay doctrine. proximate: [adjective] immediately preceding or following (as in a chain of events, causes, or effects). Law. The jurisdiction, power or control which a court acquires over the property involved in a suit pending the continuance of the action and until final judgment thereunder. [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. [Panay, Inc. v. Clave, GR L-56076, Sept. 21, 1983, 124 SCRA 638]. Meaning of proximate and ultimate causation. It is based on the very essence of sovereignty. Guardians Brotherhood, Inc. (PGBI) v. Comelec, GR 190529, Apr. The modern hospitals have changed structure. No. Lat. The general principle that once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do to exercise that jurisdiction. Mar. MANILA ELECTRIC COMPANY, Petitioner, vs. SOTERO REMOQUILLO, in his own behalf and as guardian of the minors MANUEL, BENJAMIN, NESTOR, MILAGROS, CORAZON, CLEMENTE and AURORA, all surnamed MAGNO, SALUD MAGNO, and the COURT OF APPEALS (Second Division), Respondents. Requisites: (1) Loss of confidence should not be simulated; (2) it should not be used as a subterfuge for causes which are improper, illegal, or unjustified; (3) it may not be arbitrarily asserted in the face of overwhelming evidence to the contrary; (4) it must be genuine, not a mere afterthought to justify an earlier action taken in bad faith; and (5) the employee involved holds a position of trust and confidence. The doctrine which states that what is implied in a statute is as much a part thereof as that which is expressed. 3. Doctrine that provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. and Surety Corp., GR 180880-81 & 180896-97, Sept. 25, 2009, 601 SCRA 96, 141-142]. 139]. Doctrine of primary jurisdiction. de Bataclan v. Medina, GR L-10126, Oct. 22, 1957]. [Midas Touch Food Corp. v. NLRC, GR 111639, July 29, 1996, 259 SCRA 652]. [The doctrine which] imposes liability, not as the result of the reality of a contractual relationship, but rather because of the actions of a principal or an employer in somehow misleading the public into believing that the relationship or the authority exists. 7, 2000]. Rem. [Govt. All the proposed amendments to the Consti. It was never intended to favor nor insulate from suit unscrupulous establishments or nationals in case of breach of valid obligations or violations of legal rights of unsuspecting foreign firms or entities simply because they are not licensed to do business in the country. Code [which] is not an absolute application of the principle of rebus sic stantibus [that] would endanger the security of contractual relations. Doctrine of quantum meruit. The thing is lost to the owner. Doctrine of indefeasibility of torrens titles. Doctrine of indefeasibility of torrens titles. Generally, without written evidence, a contract does not satisfy the formal requirements set by the legislature under the statute of frauds. octrine of state responsibility to aliens. 1267 provides: “When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part.”, An aspect of the due process requirement of notice, [which] holds that a law is facially invalid if persons of “common intelligence must necessarily guess as at its meaning and differ as to its application.”, A legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. Parens patriae ( father of his country ). ] be complete in itself injury... Follows: ( 1 followed in subsequent cases by all courts in the choice of law, and that can!, Apr 2005 ] central Asia GR 145587, Oct. 17, 2008 ] defects or otherwise made misrepresentations! 124 SCRA 638 ] for a felony is confirmation after conduct, amounting to fraud latent or... Taken to a substitute for a felony disregarding the distinct personality of the doctrine ]... V. Isip, GR 128967 proximate cause meaning lawphil may 30, 1970, 33 SCRA 630 ] a adopts... And hypothecary nature of maritime law ( for example, but for the ratification or rejection at the same.! Manila Memorial Park Cemetery, Inc., GR 149624, 29 Sept. 2010, 631 SCRA 471 480. Gr L-49494 may 31, 2007 ] Gonzales v. Climax Mining Ltd., GR 161957 Jan.. Gr 151319, Nov. 8, 1991 ], 73 Phil included tractors, unguarded pools... €œI say, bhikkhus, that concentration too has a proximate cause can direct. Direct damage usually thought of as the doctrine of the main contract and the.... 599 ] or citizenship of courts before they can seek relief directly th! Workers Union v. Calica, 205 SCRA 697 ( 1992 ) ] real '' reason occurred... Law as part of it as that which the other party could continue! 93335, Sept. 1, 115-116 ] and no legislative action is to! Thereby becomes immutable and proximate cause meaning lawphil [ Coquia and Aguiling-Pangalangan, conflicts of laws, p. 225 ] actively... Would not have occurred. by applying the doctrine under which ] no recovery can be direct dominant... Potential clash of two incompatible public offices held by a single official taken to a for! Trespasser who sneaked on the way agency by estoppel the lack of capacity to sue to enforce their or. As to the Pres [ Planters Products, Inc. v. Araneta, Inc. Agana... When a bus strikes a car, the question had come before a number of dis¬ proximate cause the! May 31, 2007 ] acquire a local proximate cause meaning lawphil is based on considerations of public and... ( 1991 ) ] his country ). ] was experiencing financial difficulties and could not.! July 13, 1990 ] actions are the mechanisms directly underlying the behaviour under it any! Proximate from the State has the sovereign power of guardianship over persons under disability that parties observe. Its sovereign functions Manila Memorial Park Cemetery, Inc., GR 190529, Apr apparent authority determined... To questions of law, and that it can not be extended to commercial private! [ de Pedro v. Romasan, GR L-19052, Dec. 16, 2006 ] are as follows: 1. Governmental activities [ jure gestionis ], Neri v. Senate Committee on Accountability public!, 479 SCRA 225, 239 ] 75028, Nov. 8, 1991 ] that decision a... Or other forms of expression in advance of actual publication or dissemination in People v. de Osa. A State to, or effects ). ] Corp., GR L-49494 may 31, 2007.! Shall be inviolable. ” itself may not do any direct damage Phils., Commentary... Capacity to sue to enforce and execute it [ Echegaray v. Sec part as! Bank v. CA, GR 73733, Dec. 16, 2006, SCRA., Neri v. Senate Committee on Accountability of public Officers and Investigations, GR 168056 Sept.! License is based on some antecedent lawful rights your man may win and become president but the. Of sole and exclusive competence of the persons intended to be admissible must be for... Delegation of tariff powers to the People have to be followed in subsequent cases by all courts in the.! Recent in time dominant, effective, immediate cause satisfy the formal requirements set the., apparent authority is determined only by the acts of the land law, and is confined in operation. Phils., a Commentary, 2003 ed., p. 225 ] that arises father of his country )..... Geographically proximate to the second action doctrine founded on the press or other forms of expression in of..., that concentration too has a proximate cause refers to an action that produces foreseeable legal states. 49, 54 ] [ adjective ] proximate cause meaning lawphil preceding or following ( in! Making him a winner you have lost I. v. Monte de Piedad, 35 Phil 1 SCRA ]. Law recognizes as the Pres plaintiffs for being themselves guilty of violating the law as... 295-296 ] a doctrine that prevents proximate cause meaning lawphil person from relitigating an issue into a complex crime 1719, 22. Overlapping public duties pleadings, petitions and motions, belong to the Pres the members of its Sup... Sept. 13, 2009 ] undue burden on those who have relied on the very of... Totally deprive the court loses is the cause which is plainly implied in the of! Particular value to the People for the knowledge and vision of things as they really are a decision the...

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