Replevin is an action for the recovery of personal property. It is both a principal remedy and a provisional relief. When utilized as a principal remedy, the objective is to recover possession of personal property that may have been wrongfully detained by another. When sought as a provisional relief, it allows a plaintiff to retain the contested property during the pendency of the action.
Section 261(e) of the Omnibus Election Code prohibits the use of threats, intimidation, or fraudulent means to influence voters. In this case, the Supreme Court upheld the disqualification of a vice-gubernatorial candidate after finding that he benefited from campaign materials produced using public property and pressured a government employee to support his campaign.
Wage distortion presupposes an increase in the compensation of the lower ranks in an office hierarchy without a corresponding raise for higher-tiered employees in the same region of the country, resulting in the elimination or the severe diminution of the distinction between the two groups. (Prubankers Association v. Prudential Bank and Trust Company, G.R. No. 131247, 1999)
Under Section 123, Rule XLIV of the Rules of the Senate, as cited in the case of Neri v. Senate, G.R. No. 180643, September 4, 2008, unfinished business at the end of the session shall be taken up at the next session in the same status. All pending matters and proceedings shall terminate upon the expiration of one (1) Congress, but may be taken by the succeeding Congress as if present for the first time.
When an academic institution accepts students for enrollment there is established a contract between them, resulting in bilateral obligations which both parties are bound to comply with.
Common carriers are required to exercise extraordinary diligence for the safety of their passengers, with any injury or death creating a legal presumption of negligence on their part. However, as clarified in Mariano v. Callejas (G.R. No. 166640), this duty does not make them absolute insurers of passenger safety.
Under Article 11, Section 1 of the 1987 Constitution, the President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
The elements of the crimes of adultery and concubinage, as well as the imposable penalties, are provided under Articles 333 and 334 of the Revised Penal Code.
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Under the Revised Penal Code, theft is the taking of another’s personal property without consent and without violence or force, done with intent to gain. When committed under certain aggravating circumstances, the offense becomes qualified theft, warranting a higher penalty.
