PETRON’S INTERVENTION IN A PENDING CASE 7
It asserted vested interest in the seizure of several Gasul LPG cylinders 7
EXHAUSTION OF ADMINISTRATIVE REMEDY 7
Not necessary in case of actions by the President’s alter egos 7
FINDINGS OF JUSTICE SECRETARY MAY BE REVIEWED 8
Petition for certiorari under Rule 65 is proper 8
DETERMINATION OF PROBABLE CAUSEE 9
Existence of probable cause sine qua non to filing of information in courts 9
SINGLE UNDERFILLING IS AN OFFENSE UNDER BP 33 15
Falls within the phrase of any act mandated as probably illegal 15
CRIMINAL VIOLATIONS IMPUTED TO A CORPORATION 16
Corporate directors not liable for illegal corporate acts 16
MAXIM EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS 17
Under this maxim, board directors are not liable for corporate illegal acts 17
WHERE LANGUAGE OF THE LAW IS UNEQUIVOCAL 17
It must be taken to mean exactly what it says 17
ACTS OF A JUDGE PERTAINING TO JUDICIAL FUNCTONS 21
Not subject to disciplinary action 21
DECISION OF CASES WITHIN THE MANDATORY 90-DAY PERIOD 21
A Judge shall decide cases within the required period 21
NEWLY DISCOVERED EVIDENCE 26
Two aspects of an evidence for allowing them as newly discovered evidence 26
REASONABLE DILIGENCE IN LOCATING EVIDENCE 27
Party offering a newly discovered evidence must prove reasonable diligence in finding it 27
ALIBI IS A NEGATIVE DEFENSE 33
It crumbles in light of positive identification by a truthful witness 33
ALIBI IS INHERENTLY A WEAK DEFENSE 34
To rebut, physical impossibility to be present at the crime scene must be proven 34
CONSIDERATIONS IN THE REVIEW OF RAPE CASES 34
Courts must note that rape is essentially committed in relative isolation 34
DAMAGES IN CRIME OF RAPE 35
Kinds of damages awarded in prosecution for rape 35
EFFECT OF A NEW JUDGE CONVICTING ACCUSED 37
Conviction not adversely affected if judge rendering decision did not hear the witnesses 37
ELEMENTS OF THE TWO COUNTS OF RAPE AGAINST ACCUSED 38
Accused had carnal knowledge and committed sexual assault 38
INCONSISTENCIES IN VICTIM’S AFFIDAVIT AND TESTIMONIES 39
Discrepancies do not necessarily impair the credibility of a witness 39
PRIMA FACIE FACTUAL BASIS OF SEQUESTERED PROPERTIES 42
Determination of prima facie factual basis vested in the PCGG 42
ESTOPPEL FROM QUESTIONING SEQUESTRATION 44
Asking permission to repair resthouse does not make sequestration order valid 44
ISSUANCE OF SEQUESTION WRITS BEFORE PCGG IRR 44
Power to issue sequestration order cannot be delegated to subordinates 44
PCGG RATIFICATION OF AGENT’S SEQUESTRATION WRITS 45
Does not cure the invalidity of sequestration writs issued by PCGG agents 45
