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Showing 769–792 of 1,268 articles for “doe”

Default Doesn't Mean Victory: Why Plaintiffs Still Need Evidence in Philippine Courts

A default order doesn't guarantee a win. Philippine courts still require plaintiffs to prove their case by preponderance of evidence.

When "No Work, No Pay" Doesn't Apply: Employee Rights During Internal Investigations

Philippine Supreme Court ruling clarifies when an employee under investigation may still be entitled to wages, even if not reporting for work.

Prescription Periods in Philippine Anti-Graft Cases: When Does the Clock Really Start

Learn how Philippine courts determine when the prescriptive period for anti-graft offenses begins, based on recent Supreme Court rulings.

Probable Cause in Search Warrants: The Judge's Duty Beyond Issuance

A judge's duty in search warrants does not end with signing—probable cause requires probing examination and post-issuance oversight.

Defining the Boundaries of Rape When Contact Does Not Constitute Penetration

Philippine Supreme Court clarifies when sexual contact without penetration constitutes rape, examining the legal definition and elements of the crime.

Immediate Deposit Rule for Court Clerks: Accountability Despite Full Restitution

Court clerks must deposit judiciary funds immediately. Restitution does not erase administrative liability, as this Philippine Supreme Court ruling shows.

Perfecting a Contract to Sell: Why Payment Terms Matter in Philippine Real Estate Law

Philippine Supreme Court ruling explains why agreeing on price alone does not perfect a contract to sell real property—payment terms are essential.

Reinstatement Isn't Just an Order: Supreme Court Clarifies Employers' Backwage Obligations in Illegal Dismissa

Philippine Supreme Court ruling clarifies that an order to reinstate an illegally dismissed employee does not stop backwages from accruing until actual reinstatement or separation pay.

Moral Turpitude and Lawyer Disbarment: The Case of Frustrated Homicide in the Philippines

When does a frustrated homicide conviction lead to disbarment? The Supreme Court explains moral turpitude and a lawyer's duty of good character.

When Does A Term Count Decoding THE Three Term Limit Rule FOR Philippine Local Officials

The Supreme Court clarifies how the three-term limit for local officials is counted, including what constitutes a term and when the limit applies.

When Presence Is Not Enough: Understanding Accomplice Liability in Philippine Criminal Law

The Supreme Court clarifies that mere presence or even physical restraint does not make one an accomplice absent community of criminal design.

Mootness in Preliminary Injunctions: When Does a Case Become Irrelevant

Learn when a case becomes moot and how Philippine courts treat preliminary injunctions in this plain-language guide to civil procedure.

Understanding Contempt of Court When Persistence Crosses the Line

When does relentless filing become punishable contempt? The Supreme Court explains the limits of persistence in Alcantara v. Ponce.

Filing a Motion to Reduce Appeal Bond Does Not Stop the Appeal Period

Philippine Supreme Court ruling: an employer's motion to reduce an NLRC appeal bond does not suspend the 10-day appeal period.

Seafarer Disability Claims: When Repatriation Doesn't End Your Rights

Philippine Supreme Court clarifies that seafarers repatriated due to vessel sale may still claim disability benefits under POEA contract.

When A Guilty Plea Doesnt Equal Guilt Examining Treachery AND Intent IN Philippine Homicide LAW

Expropriation Requires Formal Proceedings Resolutions Alone Cannot Halt Ejectment

A local government's resolution to expropriate property does not suspend an ejectment case. Formal expropriation proceedings must be filed first.

Poor Performance vs Neglect: Defining Just Cause for Employee Termination in the Philippines

Philippine Supreme Court clarifies when poor work performance justifies termination and when it does not, explaining the legal distinction.

Tenancy Rights vs Land Ownership: Proving Agricultural Leasehold Agreements

When does a tiller become a tenant? The Supreme Court clarifies the requisites of agricultural leasehold and its effect on ejectment cases.

Libel Jurisdiction: Where Does a Case Belong?

Explaining the Supreme Court ruling on libel jurisdiction, venue rules under the Revised Penal Code, and when amendments to informations are allowed.

Barangay Conciliation: Why a Settlement Agreement Cannot Replace the Lupon Requirement

Learn from Berba v. Pablo why a barangay settlement with one party does not excuse mandatory conciliation before filing an ejectment suit.

When Tenancy Claims Don't Oust MTC Jurisdiction Over Unlawful Detainer

Philippine Supreme Court clarifies that raising tenancy as a defense doesn't automatically strip MTC jurisdiction over unlawful detainer cases involving structures.

Tenancy Rights vs Overseer Status: What Philippine Agrarian Law Requires

Philippine Supreme Court clarifies the six requisites of agricultural tenancy and why being an overseer or paid farmhand does not make one a tenant.

Breach of Trust in Banking: Upholding Employee Dismissal for Fraudulent Acts

Supreme Court affirms dismissal of bank employees for fraud, ruling that bank laxity does not excuse employee misconduct and breach of trust.