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Showing 625–648 of 1,268 articles for “doe”

Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection

When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.

Grave Misconduct and Dismissal of Court Personnel: Acquittal in Criminal Case Does Not Bar Administrative Liab

The Supreme Court explains why a court aide's acquittal in a rape case did not prevent his dismissal for grave misconduct from judicial service.

Defining HLURB Jurisdiction When Real Estate Disputes Fall Under Court Authority

When does a real estate dispute belong in court instead of the HLURB? The Supreme Court clarifies the rule in Cadimas v. Carrion.

Perfecting Appeals: Strict Adherence to Procedural Rules in Filing Extensions

A second motion for reconsideration is a prohibited pleading that does not toll the appeal period. Learn the rules on perfecting appeals.

Novation Requires Unequivocal Agreement Understanding Contractual Modifications IN Philippine LAW

Philippine Supreme Court ruling on novation: mere partial payment does not prove agreement to modify a contract. Learn the legal requisites.

When 'In Lieu of All Taxes' Does Not Mean Local Tax Exemption: Smart Communications v. City of Davao

The Supreme Court ruled that a franchise's "in lieu of all taxes" clause covers only national taxes, not local franchise taxes.

Rape Delay in Reporting Due to Fear and Intimidation Does Not Affect Victim's Credibility

Philippine Supreme Court rules that a rape victim's delay in reporting due to fear of the offender does not diminish her credibility or indicate a false accusation.

Breach of Trust Establishing Estafa Through Misappropriated Loan Proceeds

When does failure to turn over loan proceeds become estafa? The Supreme Court explains misappropriation under Article 315.

Divorce by Faskh: New Grounds After a Prior Dismissal Is Not Barred by Res Judicata

Philippine Supreme Court ruling on when a dismissed divorce by faskh petition does not bar a new one due to new grounds.

Contract Validity and Prescription: Lessons from Dailisan v. Court of Appeals

The Supreme Court upheld a notarized deed of sale because the heirs failed to seek annulment within four years, and partition does not prescribe for a co-owner.

Unlawful Appointments: Does Temporary Disqualification Mean Lack of Legal Qualification?

Supreme Court clarifies that temporary disqualification of losing candidates constitutes lack of legal qualification under Article 244, RPC.

Lease OR Ownership When Acceptance OF Rent Doesnt Create A Landlord Tenant Relationship

Judicial Accountability: Fines for Negligence and Delay in Legal Proceedings

A Supreme Court ruling holds court officers accountable for gross negligence and delay, affirming that retirement does not erase administrative liability.

Finality of Judgment: When a Lawyer's Negligence Does Not Deny Due Process

A dismissed employee's late appeal fails as the Supreme Court upholds finality of judgment despite counsel's negligence.

Implied Consent in Guaranty Agreements: When Silence and Conduct Affirm Liability

When does silence make someone a guarantor? The Supreme Court explains how conduct can imply consent to a guaranty agreement.

Voluntary Appearance Cures Defective Summons: Dole Philippines v. Quilala

When does a defective summons stop mattering? The Supreme Court explains the rule on voluntary appearance in Dole Philippines v. Quilala.

Seafarers Disability Incorrectly Filed Appeal Doesnt Forfeit Benefits DUE TO Illness Contracted During Employment

Breach of Contract: When Incomplete Construction Doesn't Warrant Full Payment

Philippine Supreme Court rules on when a contractor's incomplete work bars recovery of the full contract price in construction disputes.

Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer

Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.

Surety Bond Enforceability: Non-Payment of Premiums Does Not Nullify Obligations to Labor Claimants

Supreme Court rules surety bonds in labor appeals remain valid despite unpaid premiums, protecting workers' monetary awards.

Arrastre Contractor Liability: When the P3,500-Per-Package Limit Does Not Apply

Philippine Supreme Court ruling on when arrastre contractors cannot invoke the P3,500 per-package liability limit under PPA Administrative Order No. 10-81.

Project Employee Status Requires Clear Notice: Hanjin Heavy Industries v. Ibañez

When does a construction worker become a regular employee? The Supreme Court clarifies the rules on project employment and termination.

AWOL and Due Process: Can an Employee Dropped From the Rolls Still Face Administrative Cases?

The Supreme Court clarifies that being dropped from the rolls for AWOL does not end pending administrative cases, especially for court employees facing fund shortages.

Land Reclassification Does Not Automatically Strip Tenant Rights, Says SC

Supreme Court clarifies that reclassifying agricultural land to residential use does not automatically divest tenant-farmers of their security of tenure rights.