VOLUME 190

Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion. Anscor Transport & Terminals, Inc. vs
National Labor Relations Commisssion, 190 SCRA, 147

VOLUME 191

A privileged communication is a communication made bona fide upon any subject matter in which the
party communicating has an interest, or in reference to which he has a duty, is privileged, if made to a
person having a corresponding interest or duty, although it contained criminatory matter which without
this privilege would be scandalous and actionable. Daez vs Court of Appeals, 191 SCRA, 61

Probable cause for a search has bee defined as such facts and circumstances which would lead a
reasonable discreet and prudent men to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to be searched. Pendon vs. Court of
Appeals 191 SCRA, 429

Suretyship is a contractual relation resulting from an agreement whereby one person, the surety ,
engages to be answerable for the debt, default or miscarriage of another, known as the principal.
Garcia, Jr. vs Court of Appeals, 191 SCRA, 493

Proximate legal cause is defined as that acting first and producing the injury, either immediately or
by setting other events in motion, all constituting a natural and continuous chain of events, each having
a close causal connection with its immediate predecessor, the final event in the chain immediately
effecting the injury as a natural and probable result of the cause which first acted, under such
circumstances that the person responsible for the first event should, as an ordinarily prudent and
intelligent person, have a reasonable ground to expect at the moment of his act or default that an injury
to some person might probably result therefrom. People vs. Iligan, 191 SCRA, 643

VOLUME 192

Compulsory arbitration is the process of settlement of labor dispute by a government agency which has
the authority to investigate and to make an award which is binding on all the parties. Union of the
Filipro Employees vs National Labor Relations Commission, 192 SCRA, 414
VOLUME 193

By grave abuse of discretion is meant, such capricious and whimsical exercise of judgment as is
equivalent to lack of jurisdiction. The abuse of discretion must be grave as where the power is
exercised in an arbitrary or despotic manner by reason of passion or personal hostility and must be so
patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty
enjoined by or to act at all in contemplation of law. Planters Products, Inc. vs Court of Appeals, 193
SCRA, 563

Certiorari is defined, as a special civil action: (a) directed against any tribunal, board or officer
exercising judicial functions (b) which is alleged in a verified petition in the proper court (c) to have
acted (1) without jurisdiction, (2) or in excess of jurisdiction, (3) or with grave abuse of discretion, (d)
there being no appeal, not any plain,speedy and adequate remedy in the ordinary course of law (e) for
the purpose of annulling or modifying the proceeding. Planters Product, Inc. vs Court of Appeals. 193
SCRA, p563

VOLUME 194

Due process of law implies the right of the person affected thereby to be present before the tribunal
which pronounces judgment upon the question of life, liberty and property in its most comprehensive
sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every
material fact which bears on the question of the right in the matter involved. Medenilla vs. Civil
service Commission, 194 SCRA, 278

The phrase personal determination by the judge means, the determination of probable cause is a
function of the judge; second, the preliminary inquiry made by a prosecutor does not bind the judge;
and third, judges and prosecutors alike should distinguish the preliminary inquiry which determines
probable cause for the issuance of a warrant of arrest from the preliminary investigation proper which
ascertains whether the offender should be held for trial or released. Lim, Sr. vs Felix , 183 SCRA, 292

An ad interim appointment is one made during the time when the appointing or confirming body is not
in session and there is an existing clear and present urgency caused by an impending obstruction or
paralyzation of the functions assigned to the office if no immediate appointment is made.
Marohombsar vs Alonto, Jr., 194 SCRA, 390

The trusted services to be rendered by the officer would mean such trusted services a lawyer to his
client which is of the highest degree of trust. The personal character of the relationship prohibits its
delegation in favor of another attorney without the client's consent. Grino vs Civil Service
Commission, 194 SCRA, 458

Employees are considered confidential if the predominant reason they are chosen by the appointing
authority is the latter's belief that he can share a close intimate relationship with the occupant which
measures freedom of discussion, without fear of embarrassment or misgiving of possible betrayal of
personal trust on confidential matters of state. Grino vs. Civil Service Commission, 194 SCRA, 458

There is labor only contracting where the person supplying workers to an employer does not have the
substantial capital or investment in the form of tools, equipment, machineries, work premises, among
others, and the workers recruited and placed by such persons are performing activities which are
directly related to the principal business of such employer. Deferia vs National Labor Relations
Commission, 194 SCRA, 525