Implied Lease

Under Article 1670, an implied new lease will set in if it is shown that: (a) the term of the original contract of lease has expired; (b) the lessor has not given the lessee a notice to vacate; and (c) the lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor. (Yuki v. Co, G.R. No. 178527, 27 December 2009)

Equal Protection of Law

In order that there can be valid classification so that a discriminatory governmental act may pass the constitutional norm of equal protection, it is necessary that the four (4) requisites of valid classification be complied with, namely:

1. It must be based upon substantial distinctions;
2. It must be germane to the purposes of the law;
3. It must not be limited to existing conditions only; and
4. It must apply equally to all members of the class. (Quinto v. Comelec, G.R. No. 189698, 1 December 2009)

Discharge of Accused as State Witness

The conditions for the discharge of an accused as a state witness are as follows:

1. There is absolute necessity for the testimony of the accused whose discharge is requested;
2. There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
3. The testimony of said accused can be substantially corroborated in its material points;
4. Said accused does not appear to be the most guilty; and
5. Said accused has not at any time been convicted of any offense involving moral turpitude. (People v. Estacio, G.R. No. 171655, July 22, 2009)

Litis Pendentia

The requisites of litis pendentia are: (a) the identity of parties, or at least such as representing the same interests in both actions; (b) the identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) the identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other. (Villarica v. Gernale, G.R. No. 163344, March 20, 2009)

Extra-Judicial Confession

Thus, we have held that an extra-judicial confession is admissible in evidence if the following requisites have been satisfied: (1) it must be voluntary; (2) it must be made with the assistance of competent and independent counsel; (3) it must be express; and (4) it must be in writing. (People v. Reyes, G.R. No. 178300, March 17, 2009)

Malversation

The essential elements common to all acts of malversation under Article 217 of the Revised Penal Code are the following:

1. That the offender be a public officer.
2. That he had the custody or control of funds or property by reason of the duties of his office.
3. That those funds or property were public funds or property for which he was accountable.
4. That he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. (People vs. Pantaleon, Jr., G.R. No. 158694-96. March 13, 2009)

Falsification under par. 1, Art. 172

The elements of falsification of documents under paragraph 1, Article 172 of the RPC are:

1. that the offender is a private individual or a public officer or employee who did not take advantage of his official position;
2. that he committed any of the acts of falsification enumerated in Article 171 of the RPC; and
3. that the falsification was committed in a public, official or commercial document. (Panuncio v. People, G.R. No. 165678, July 17, 2009)