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Showing 9769–9792 of 18,237 articles for “supreme court”

Independent Contractor or Employee: The Four-Fold Test in Philippine Labor Law

When is an insurance agent an employee, not an independent contractor? The Supreme Court explains the four-fold test and the crucial "control test" in Tongko v. Manulife.

Mandatory Drug Testing Under RA 9165: What the Supreme Court Upheld and Struck Down

The Supreme Court upheld random drug testing for students and employees but struck down mandatory tests for candidates and criminal suspects.

Drug Testing and Constitutional Rights: The Supreme Court's Balancing Act in the Philippines

The Supreme Court upheld random drug testing for students and employees but struck down mandatory tests for candidates and accused persons.

Upholding Ethical Conduct: Dismissal and Forfeiture of Benefits for Grave Misconduct in the Judiciary

Explore the Supreme Court's ruling on judicial misconduct, emphasizing accountability, ethical standards, and the consequences of grave offenses in the judiciary.

Corporate Authority: When Can a President Bind a Corporation Without a Board Resolution

Philippine Supreme Court clarifies when a corporate president can sign pleadings and bind the company without a board resolution.

Deposition Denied: Balancing Discovery Rights and Diligence in Court Proceedings

When can a court deny a deposition? The Supreme Court explains the limits of discovery rights when a party delays proceedings.

Forum Shopping in Mortgage Disputes: When Causes of Action Differ

Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.

Breach of Contract vs Illegal Dismissal: When Labor Arbiters Have Jurisdiction

The Supreme Court clarifies when a breach of contract claim falls under labor arbiter jurisdiction in U-Bix v. Hollero.

Treachery and Unlicensed Firearms Raise Murder Penalty in Philippine Law

Philippine Supreme Court ruling on how treachery and unlicensed firearms affect murder liability, penalties, and damages.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Certification Against Forum Shopping: The High Cost of Non-Disclosure

Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.

Public Office Ethics Improper Firearm Discharge AND Limits OF Misconduct Claims

Philippine Supreme Court ruling on constructive dismissal, retirement age, and limits of employer misconduct claims.

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Honesty Matters: Dismissal for False Statements in Government Job Applications

The Supreme Court ruled that false declarations in a Personal Data Sheet constitute dishonesty and falsification, warranting dismissal from government service.

Homicide and Self-Defense: Burden of Proof and Mitigating Circumstances

A Philippine Supreme Court ruling explains why self-defense must be proven by the accused and how courts assess voluntary surrender and damages in homicide cases.

When Lawyers Issue Bouncing Checks: Administrative Liability Under Philippine Law

A lawyer who issues worthless checks faces suspension even after full payment. Learn the rules from a Supreme Court administrative case.

Lawyer Disbarred for Gross Immoral Conduct: Abandoning Wife and Children

Supreme Court disbars lawyer who abandoned his wife and 12 children to cohabit with another woman, ruling gross immoral conduct warrants the ultimate penalty.

Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure

Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.

Retrenchment vs Retirement: When Separation Pay Bars Retirement Benefits

Philippine Supreme Court clarifies when retrenched employees can claim retirement benefits on top of separation pay under the Labor Code and CBA.

When a Counsel's Negligence Endangers Property: Balancing Technical Rules and Substantive Justice

A Supreme Court ruling shows that procedural lapses in an appellant's brief may be excused, but a drugstore's negligent dispensing of medicine still invites liability.

When Shipowner Negligence Sinks the Limited Liability Defense in Philippine Maritime Law

Philippine Supreme Court clarifies when shipowners lose the limited liability rule due to actual negligence in cargo loss cases.

Concurrent Jurisdiction and Estoppel: Ombudsman vs. DepEd in Teacher Discipline

The Supreme Court clarifies the Ombudsman's concurrent jurisdiction over public school teachers and the estoppel bar against belated jurisdictional challenges.

Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap

Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.