ADMINISTRATIVE LAW 5
ADMINISTRATIVE, RULE-MAKING AND ADJUDICATORY FUNCTIONS 5
Exercise of these tri-functions does not violate the Constitution 5
AUTHORITY OF THE PRESIDENT TO ALLOW ASSIGNMENT 5
Allowing PNCC to assign its franchise or usufruct not unconstitutional 5
AUTHORIZATION TO COLLECT INITIAL TOLL RATES 6
No public hearing required 6
AUTHORIZING AN ENTITY TO OPERATE A TOLL FACILITY 6
Includes power to amend or modify said authorization 6
CANCELLATION OF CERTIFICATE OF REGISTRATION 7
May be ordered by IPO even if no cancellation case filed 7
CONFIDENTIALITY CLAUSE IN STOAS 7
Does not violate constitutional right to information 7
DATA SUPPLIED BY EXPERTS TO FIX TOLL RATES 7
Banking on such data practical and inevitable 7
DECLARATION OF ACTUAL USE (DAU) 8
Not conclusive of the first use of a mark 8
DELEGATED POWER TO OPERATE A TOLL FACILITY 8
Congress may allow administrative body to grant the same to qualified persons 8
DESCRIPTION OF TRADER IN SALES INVOICE 9
Does not preclude that he could be a manufacturer 9
EFFECT OF EXPIRATION OF PNCC’S LEGISLATIVE FRANCHISE 9
Its toll assets and facilities automatically became government property 9
END OF LEGISLATIVE FRANCHISE TO OPERATE TOLL FACILITIES 10
Not effective if TRB gives the franchisee a new authorization 10
EVIDENCE IN INTER PARTIES PROCEEDINGS 10
No formal offer of evidence required 10
FACTUAL FINDINGS OF ADMINISTATIVE BODIES 11
Exception to rule that factual findings enjoy high respect 11
IPO NOT BOUND BY TECHNICAL RULES 11
Effect of evidence attached to verified petition 11
MODIFICATION OF PNCC STOAS 11
TRB may alter STOA terms subject to some qualification 11
PAYMENT OF UNEARNED TOLL REVENUES 12
Any obligation by TRB to pay is unconstitutional 12
PERIODIC ADJUSTMENT OF TOLL RATES 13
Pubic hearing is condition precedent 13
PNCC’S AUTHORITY TO ACT AS INTERIM OPERATOR OF SLEX 13
TRB may grant authority to operate toll facility in an interim capacity 13
PNCC’S NEW AUTHORITY IS AN ADMINISTRATIVE FRANCHISE 14
TRB is given the power to grant new authorization to PNCC 14
PNCC’S SHARE IN THE ADMINISTRATIVE FRANCHISE 14
It holds its share in trust in favor of the Government 14
POWER OF LENDERS TO EXTEND THEIR CONCESSION 14
If it exceeds 50 years, it is violative of the Constitution 14
POWER OF TOLL REGULATORY BOARD 15
Grant of authority to construct and operate toll facility 15
PRIOR AND CONTINUOUS USE OF A MARK 15
Necessary to establish ownership of mark 15
STOA FOR EXTENSION OF SLEX 16
No public hearing required being in the initial toll rates 16
STOAS ENTRED BY TRB WITH PNCC 16
Authorizes PNCC to continue construction toll facilities 16
SUBSTITUTED ENTITY TO OPERATE TOLL FACILITY 17
Lenders’ authority to appoint substitute entity in case of default valid 17
TECHNICAL RULES OF PROCEDURE 17
No binding effect on administrative bodies 17
TOLL PROJECTS UNDERTAKN BY PNCC 17
No public bidding is required 17
TOLL RATES MUST BE FAIR AND REASONABLE 18
Reasonableness of toll rate increase must be shown by operators 18
TRANSFER OF PNCC’S PROPERTIES TO GOVERNMENT 18
Does not mean PNCC cannot use them in exercising its new franchise 18
TRB IS THE GRANTOR REFERRED TO IN STOAS 19
But only as representative of the Government 19
TRB’S CONTRACT-MAKING POWER 19
Courts cannot look into the wisdom of its exercise 19
TRB’S STATUS UNDER THE LAW IS PECULIARLY UNIQUE 20
No usurpation of legislative power to grant franchise 20
CIVIL LAW 20
ABSOLUTE NULLITY OF VOID MARRIAGES 20
Declared if solemnized during effectivity of Family Code 20
ADDED COSTS IN CONSTRUCTION CONTRACT 20
Must be approved in writing by party obliged 20
COMPROMISE AGREEMENT 21
In effect, it is the determination of the court 21
CONDITIONS FOR ESTOPPEL IN PAIS 21
Supplies deficiency in law but not supplant it 21
CONTRACT BETWEEN PARTIES 22
Considered the law between them 22
ESTOPPEL IN PAIS 22
Not applicable even if some change orders were paid 22
EXEMPLARY DAMAGES AND ATTORNEY’S FEES 22
Act in bad faith and a party is compelled to litigate due to such bad faith 22
LIABILITY TO REPAIR CONSTRUCTION DEFECTS 23
Refers to the 12-month guarantee after final acceptance 23
PROGRESS BILLINGS NOT PAID 23
Does not affect net amount due 23
SET-OFF OF PARTIES’ CONTRACTUAL LIABILITY 23
Fair and reasonable but subject to legal interest 23
CIVIL PROCEDURE 24
RIGHT OF PARTY TO APPEAL 24
Essential part of judicial system 24
CONSTITUTIONAL LAW 24
ALLEGATION OF INFRINGEMENT OF CONSTITUTION 24
Constitutes actual controversy ripe for judicial intervention 24
ISSUES OF TRANSCENDENTAL IMPORTANCE 25
Locus standi rule may be relaxed 25
LOCUS STANDI TO CHALLENGE AN ACT 26
Personal and substantial interest in the case must be shown 26
RIPENESS OF ACTUAL CASE OR CONTROVERSY 26
Challenged act has direct adverse effect on the challenger 26
CRIMINAL LAW 27
ALIBI DEFENSE IN ILLEGAL DRUG SALE 27
Must be shown by convincing evidence 27
BAPTISMAL CERTIFICATE IN STATUTORY RAPE 27
Evidentiary value in prosecution 27
CHAIN OF CUSTODY OF ILLEGAL DRUGS 27
Evidentiary value deemed preserved 27
COMMON-LAW RELATIONSHIP 28
Must be alleged in the information 28
CRIME OF RAPE WITH HOMICIDE 28
The three elements must concur 28
DAMAGES IN RAPE WITH HOMICIDE 28
Amount varies according to kind of damage 28
DANGEROUS DRUGS 29
Delayed marking does not make arrest illegal 29
ELEMENTS OF BUY-BUST OPERATION 29
Proper when all elements are present 29
ELEMENTS OF SALE OF ILLEGAL DRUGS 29
The two elements must concur 29
ELEMENTS OF STATUTORY RAPE 30
The two elements must concur 30
PENALTY FOR ILLEGAL DRUG SALE 30
Life imprisonment and P500,000 to P10,000,000 fine 30
PENALTY FOR RAPE WITH HOMICIDE 30
Reclusion perpetua is penalty 30
PLACING FACILITIES FOR COMMISSION OF CRIME 30
No defense to prosecution in illegal drug sale 30
PROCEDURAL LAPSES IN CUSTODY OF DRUGS 31
Does not make arrest illegal and seized drugs inadmissible 31
RELATIONSHIP BETWEEN RAPIST AND VICTIM’S MOTHER 31
There must be a valid marriage 31
SEARCH AS INCIDENT TO LAWFUL ARREST 32
Does not a search and seizure warrant 32
SIMPLE CRIMES OF RAPE CRIME 32
Penalty is reclusion perpetua 32
TOUCHING OF GENITALIA BY PENIS 32
Sufficient to prove crime of rape 32
WARRANTLESS ARREST IN ILLEGAL DRUG TRADE 33
Justified in buy-bust operation 33
FORESHORE LAW 33
FORESHORE LAND 33
Condition for treating a land as such 33
LAW ON EVIDENCE 34
“OBJECTIVE TEST” IN BUY-BUST OPERATION 34
Details of the buy-bust operation must be shown 34
BUY-BUST OPERATIUON 34
A valid form of entrapment 34
CREDIBILITY OF CHILD –VICTIM’S TESTIMONY 34
Given full weight, respect and credence 34
EFFECT OF AFFIDAVIT OF DESISTANCE 35
Will not justify dismissal if done after institution of action 35
ELEMENTS OF ILLEGAL DRUG SALE 35
When shown, prosecution passes the “objective” test 35
FACTUAL FINDINGS AFFIRMED BY CA 36
Binding effect on Supreme Court 36
FACTUAL FINDINGS OF TRIAL COURTS 36
Evidentiary value in appeals 36
REGULARITY IN THE PERFORMANCE OF DUTY 36
Rebuttal must be by convincing evidence 36
WARRANTS NOT NEEDED IN BUY-BUST OPERATION 37
A circumstance of warrantless arrests 37
PROCEDURAL OR REMEDIAL LAW 37
AS A RULE, SC DOES NOT REVIEW FINDINGS OF FACTS 37
But may review questions of facts in certain cases 37
ISSUES RAISED ONLY IN RECONSIDERATION MOTIONS 37
SC will not rule on them on appeals 37
SC NOT A TRIER OF FACTS 38
Exception 38
STATUTORY CONSTRUCTION 38
CARDINAL RULE IN STATUTORY CONSTRUCTION 38
No room for interpretation if the language on marriage is clear 38
DOUBTS RESOLVE IN FAVOR OF CONSTITUTIONALITY 39
Actions taken under such law are valid 39
