Public documents which have been introduced as exhibits not covered by retaining lien

Public documents which have been introduced as exhibits not covered by retaining lien

Legal Ethics Retaining Lien

The privilege of a retaining lien granted to an attorney does not cover papers and documents which are public in character and which have been introduced as exhibits. Such papers and documents...

Filing of an Information by an officer without the requisite authority to file the same constitutes a jurisdictional infirmity

Filing of an Information by an officer without the requisite authority to file the same constitutes a jurisdictional infirmity

Criminal Procedure

Section 4, Rule 112 of the 2000 Revised Rules on Criminal Procedure states that the filing of a complaint or information requires a prior written authority or approval of the named officers...

Cargoes, while being unloaded, generally remain under the custody of the carrier

Cargoes, while being unloaded, generally remain under the custody of the carrier

Transportation Law

Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods transported by them. Subject...

Importance of pre-trial in civil actions

Importance of pre-trial in civil actions

Civil Procedure Pre-Trial

The importance of pre-trial in civil actions cannot be overemphasized.  Pre-trial is an answer to the clarion call for the speedy disposition of cases. Although it was discretionary...

Requisites of fortuitous event

Requisites of fortuitous event

Fortuitous event Transportation Law

● A common carrier may be relieved of any liability arising from a fortuitous event pursuant to Article 1174 of the Civil Code. But while it may free a common carrier from liability, the...

Taking an extension seat in a jeepney is not an implied assumption of risk on the part of the passenger

Taking an extension seat in a jeepney is not an implied assumption of risk on the part of the passenger

Contributory negligence Transportation Law

We find it hard to give serious thought to petitioner's contention that Sunga's taking an "extension seat" amounted to an implied assumption of risk. It is akin to arguing that the injuries...

Defenses available to the common carrier

Defenses available to the common carrier

Common carrier Transportation Law

Common carriers are bound to observe extraordinary diligence in their vigilance over the goods and the safety of the passengers they transport, as required by the nature of their business...