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Showing 1177–1200 of 1,268 articles for “doe”

Grave Abuse of Discretion in Philippine Courts: When Certiorari Overcomes Lapsed Appeals

Explaining Bachrach v. Court of Appeals: when res judicata does not bar a separate action, and when certiorari may proceed despite a lapsed appeal.

Floating Status or Illegal Dismissal: Security Guard Rights in the Philippines

When does a security guard's off-detail become illegal dismissal? The Supreme Court explains the six-month floating status rule and employee rights.

Loss of Confidence and Illegal Dismissal: Philippine Law on Breach of Trust in Employment

Philippine Supreme Court clarifies when loss of confidence justifies dismissal and when it does not, protecting employee tenure rights.

Security of Tenure for Tenant Farmers: Upholding Leasehold Rights in the Philippines

The Supreme Court reaffirmed tenant farmers' security of tenure, ruling that land sale does not extinguish agricultural leasehold rights.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.

When Does a New Agreement Override an Old One? Philippine Contract Law Explained

Philippine Supreme Court explains when a later agreement novates an earlier contract, and when both documents must be read together.

Preventive Suspension in the Philippines: When Does It Become Illegal

Philippine law allows preventive suspension of employees, but only under strict conditions. This article explains when it becomes illegal.

Re-Election and Criminal Liability: Why Public Officials Can Still Face Suspension for Past Misdeeds

Re-election does not erase criminal liability. The Supreme Court clarifies preventive suspension still applies to public officials for prior-term offenses.

Premature Foreclosure and Damages Claims: What Happens After the Auction Sale

Philippine Supreme Court rules foreclosure sale does not moot a damages claim for premature foreclosure. Know the legal implications.

When Health Is Not an Excuse: Understanding Neglect of Duty for Public Servants in the Philippines

Philippine Supreme Court clarifies that illness does not excuse neglect of duty for public servants, defining the distinction from negligence.

Navigating Dismissal Disputes: Labor Arbiter Jurisdiction in Philippine Employment Law

When does a termination dispute belong to the Labor Arbiter rather than voluntary arbitration? The Maneja ruling clarifies the boundary.

Lawyer's Disbarment Does Not Erase Liability for Prior Misconduct: A.C. No. 11508

The Supreme Court fines a disbarred lawyer for pre-disbarment misconduct, clarifying that disbarment does not erase liability for earlier ethical violations.

When A Back Attack Isnt Always Murder Examining Treachery IN Philippine Criminal LAW

The Supreme Court clarifies that a shot to the back does not automatically mean treachery, explaining when killing is homicide instead of murder.

Res Judicata in the Philippines: When a Prior Dismissal Does Not Bar a New Case

Philippine Supreme Court explains when a dismissal for failure to prosecute is not res judicata and does not bar a refiled case.

Limits on Contempt Power, Due Process, and Judicial Restraint in Impeachment Proceedings

The Supreme Court clarifies that "forthwith" in impeachment does not mean instant trial, affirming judicial restraint and the Senate's discretion.

Withdrawal of an Administrative Complaint: Does It Auto-Dismiss Cases Against Court Personnel?

Withdrawing an administrative complaint against court personnel does not automatically end the case. The Supreme Court explains when dismissal is proper.

Failure to File Corporate By-Laws: Not Automatic Dissolution in the Philippines

Philippine Supreme Court ruling clarifies that failing to file corporate by-laws on time does not automatically dissolve a corporation.

Tolerated Possession vs Ownership: Understanding Philippine Property Law and Land Recovery

Philippine Supreme Court clarifies how tolerated possession does not ripen into ownership, and when landowners can recover property.

When a Complaint Is Dismissed, Does the Counterclaim Fall With It?

A Philippine Supreme Court ruling explains when a compulsory counterclaim survives the dismissal of the main complaint — and when the defendant must object to keep it alive.

Double Jeopardy in the Philippines: When Partial Promulgation of a Decision Does Not Count

When a trial court promulgates only the civil liability part of a conviction, the accused cannot claim double jeopardy to block the later promulgation of the criminal penalty.

Attorney Negligence in the Philippines: A Lawyer’s Duty of Diligence Explained

When does a lawyer's inaction become professional negligence? The Supreme Court explains the duty of diligence in Villafuerte v. Cortez.

Delayed Cargo Claims and Prescription: When the One-Year COGSA Rule Does Not Apply

Explaining Mitsui O.S.K. Lines v. Court of Appeals: when delayed delivery claims are not "loss or damage" under COGSA's one-year prescriptive period.

Shipping Delays: When the 1-Year COGSA Limit Does Not Apply in the Philippines

Philippine law distinguishes physical cargo damage from pure economic loss due to delay. Learn when the 10-year Civil Code prescriptive period applies instead of COGSA's 1-year rule.

When an Affidavit of Desistance Cannot Dismiss a Rape Case: Due Process Lessons

A rape conviction was voided for lack of due process; an affidavit of desistance filed after case institution does not warrant dismissal.