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Showing 649–672 of 1,268 articles for “doe”

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

VAT Refund for Tourists Upheld: Equal Protection and Tax Classification Explained

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection or tax uniformity.

Insubordination or Illegal Dismissal: Clarifying Lawful Orders in the Workplace

When does refusing a transfer become insubordination? The Supreme Court clarifies the line between lawful management orders and illegal dismissal.

Breach of Trust: When Misappropriation Constitutes Estafa

When does an employee's breach of trust amount to estafa? The Supreme Court clarifies the limits of loss of confidence as a ground for dismissal.

Suretyship and Subcontracting: When Does a Surety Guarantee Performance

Philippine Supreme Court clarifies when a surety's liability arises in subcontracting and why reimbursement claims belong in regular courts.

Accommodation Party Liability When Signing a Promissory Note With Assumed Responsibility

When does signing a promissory note as an accommodation party create liability? The Supreme Court explains in Co v. Admiral United Savings Bank.

Unlawful Detainer When A Lease Violation Doesnt Require Prior Contract Rescission

Dacion en Pago and Foreclosure: When a Debt Remains a Debt

A Supreme Court ruling clarifies that an unaccepted dacion en pago does not extinguish a debt, allowing mortgage foreclosure to proceed.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Striking a Balance When Employee Misconduct Doesnt Warrant Dismissal

Philippine Supreme Court ruling on when a court employee's overstepping of duties constitutes simple misconduct, not grounds for dismissal.

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Waiving Barangay Conciliation: Jurisdictional Objections in Ejectment Cases

When failure to undergo barangay conciliation does not defeat an ejectment case, and when ownership claims do not oust the MeTC's jurisdiction.

Oral Sales and Unlawful Detainer: Resolving Property Disputes in the Philippines

The Supreme Court clarifies when an oral sale of real property defeats an unlawful detainer suit, and when it does not.

Full Restitution No Defense in Malversation: Perez v. People Explained

Full restitution does not erase criminal liability for malversation of public funds. Learn the elements, defenses, and penalties under Article 217.

Misconduct and Retirement Benefits: Grounds for Employee Dismissal in the Philippines

Court clerk’s gross misconduct leads to forfeited retirement benefits, explaining dismissal grounds and why resignation doesn't erase liability.

Loan vs Malversation: When Public Funds Become Private After Ownership Transfer

When does public money stop being public? The Supreme Court clarifies how a loan transfers ownership and defeats malversation charges.

When Does a Government Employee's Cash Shortage Become Grave Misconduct?

A Supreme Court ruling explains when cash shortages become grave misconduct and dishonesty in Philippine government service.

From Murder to Homicide When Sudden Attacks Lack Treachery in Philippine Law

The Supreme Court explains when a sudden attack qualifies as treachery and when it does not, reducing murder to homicide.

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.

Good Faith Defense in Anti-Graft Cases for Withholding Employee Benefits

When does withholding salaries become graft? The Supreme Court explains good faith and undue injury under RA 3019.

Eminent Domain and Just Compensation: How the DAR Formula and Land Valuation Interact

A Supreme Court ruling clarifies that the DAR valuation formula guides, but does not strictly bind, courts in fixing just compensation for lands taken under agrarian reform.

Absence Due to Unjustified Detention: Employee Protection Against Illegal Dismissal

Philippine Supreme Court ruling on when an employee's absence due to detention does not constitute abandonment, protecting workers from illegal dismissal.