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Showing 7081–7104 of 19,039 articles for “up”

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Due Process in Employee Dismissal: Nominal Damages for Procedural Lapses

Philippine Supreme Court clarifies that dismissing an employee for just cause still requires procedural due process, or the employer pays nominal damages.

Gross Negligence in Cash Advances Is Breach of Public Trust: Bacasmas v. Sandiganbayan

Public officials who approve irregular cash advances face graft liability. The Supreme Court explains gross negligence, bad faith, and conspiracy in Bacasmas v. Sandiganbayan.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Quantum Meruit and Attorneys Fees in the Philippines: Filing Claims After Case Finality

Philippine Supreme Court ruling on recovering attorney's fees via quantum meruit after a case becomes final, with timing rules.

Piercing the Veil: Determining Employer Status in Labor Disputes

When is a manpower agency a mere labor-only contractor? The Supreme Court clarifies the test for true employer status in labor disputes.

Disbarment for Lawyer’s Fraudulent Sale of Client’s Property

Supreme Court disbars lawyer who misrepresented ownership of clients’ land, sold it, and kept proceeds, violating Rule 1.01 of the CPR.

Sheriffs' Misconduct Over Levied Vehicle: Grave Abuse of Public Trust

When sheriffs used a levied vehicle for personal errands and lost it, the Supreme Court imposed the ultimate administrative penalty.

Establishing Paternity Overcoming Denials AND Securing Child Support

Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases

Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

When Is Employee Dismissal for Abandonment Justified Under Philippine Law

Philippine Supreme Court clarifies the two elements of abandonment of employment and when dismissal is legally justified.

Upholding Attorney Accountability: Negligence and Breach of Professional Duty

A lawyer's failure to attend hearings, file pleadings, and inform clients breaches the Code of Professional Responsibility and warrants suspension.

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.

Reasonable Doubt: When Inconsistent Police Testimony Overturns a Drug Sale Conviction

The Supreme Court acquits a drug suspect after police witnesses gave conflicting accounts of a buy-bust operation, breaking the chain of custody.

Subrogation Rights Prescription Period For Insurers Seeking Reimbursement

Philippine Supreme Court clarifies that an insurer's subrogation claim prescribes in 10 years, not 4, under Article 1144 of the Civil Code.

When Kin Turn Killers: Conspiracy and Defense of Relatives in Philippine Murder Law

The Supreme Court affirms murder convictions of three relatives, clarifying conspiracy and the defense of relatives under Article 11 of the Revised Penal Code.

Corporate Authority and Double Taxation: Lessons from Swedish Match Philippines

Supreme Court clarifies rules on corporate authority in tax refund cases and double taxation under local business tax ordinances.

Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers

Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.

When the Charge and Conviction Differ: Estafa, Due Process, and the Information

The Supreme Court explains when a conviction for estafa under a different paragraph than charged is valid, and why the facts in the Information matter most.

Expert Testimony Admissibility and the Courts' Discretion in Evidence

When can courts disqualify an expert witness? The Supreme Court clarifies that only specific grounds under the Rules of Court justify exclusion.

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.