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Showing 1201–1224 of 1,268 articles for “doe”

Time Is of the Essence: Understanding the Prescription Period for Illegal Dismissal Claims in the Philippines

When does the 4-year prescriptive period for illegal dismissal start? The Supreme Court clarifies in Mendoza v. NLRC.

Resignation Cannot Shield Court Personnel From Administrative Liability

Philippine Supreme Court rules resignation does not erase administrative liability, dismissing court employee for grave misconduct, tardiness, and absenteeism.

Double Jeopardy in the Philippines: When Protection Against Repeated Prosecution Applies

Understand when double jeopardy protects an accused in the Philippines, and when it does not, based on Cudia v. Court of Appeals.

Deposit Insurance Claims When Banks Fail Are Your Deposits Protected

Learn how PDIC deposit insurance works when a bank fails, and why a certificate of time deposit does not guarantee payment.

Dishonesty IN Public Service When Resignation Doesnt Erase Accountability

Police Use of Force: When Does Protection Become Illegal Search and Seizure

The Supreme Court clarifies when police stops and frisks cross the line into unconstitutional searches, using a grenade possession case as the example.

When Can You Dismiss an Employee for Misconduct: Loss of Trust and Confidence Explained

Learn when Philippine employers can validly dismiss employees for loss of trust and confidence, and why criminal acquittal doesn't bar termination.

When Court Personnel Extort Litigants: Administrative Liability Explained

A court interpreter extorted a litigant for a document's release. The Supreme Court explains administrative liability, penalties, and why resignation or transfer does not end a case.

Res Judicata and Writs of Possession: Protecting Property Rights in Foreclosure Disputes

A writ of possession is not a judgment on the merits, so it does not bar a later action to annul a foreclosure. Learn the rule.

Mortgage Contracts and Future Advances: Understanding the Scope of Security in Philippine Law

When does a real estate mortgage cover future loans beyond the stated amount? The Supreme Court explains in Quintanilla v. RCBC.

Grave Oral Defamation When Does Filing A Complaint Stop The Clock

Learn when filing a complaint stops the prescriptive period for grave oral defamation under Philippine law.

Probate Court Jurisdiction vs Foreign Courts: The Marcos Estate Ruling

Philippine probate court jurisdiction does not bar foreign courts from acting on claims against an estate, as the Supreme Court explained in this 1997 ruling.

Novation in Philippine Law: When Does a Contract Truly Change

Understand when a contract is truly novated under Philippine law, and how courts distinguish mere modifications from genuine substitutions of obligation.

Consent and Rape: When Mental Retardation Negates Valid Consent

Philippine Supreme Court ruling on rape of a mental retardate and why apparent consent does not negate criminal liability.

Attempted Kidnapping: When Does Intent Fall Short of Completion

Philippine law distinguishes attempted from frustrated kidnapping. This article explains the legal tests courts use to determine criminal liability.

Treachery in Philippine Law: When Does an Attack Qualify as Murder

Understand how Philippine courts determine treachery in murder cases through this analysis of People v. Castro, G.R. No. 119068.

Acquisitive Prescription: How Long Does It Take to Claim Land Ownership in the Philippines

Learn how long you must possess land to claim ownership through acquisitive prescription in the Philippines, explained through a Supreme Court ruling.

Treachery in Philippine Criminal Law: Sudden Attack From Behind as Qualifying Circumstance

When does a sudden attack from behind constitute treachery? The Supreme Court explains in People v. Mesa.

When Sequestration Does Not Oust Trial Courts: PAGCOR v. Court of Appeals

A Supreme Court ruling clarifies that sequestration alone does not strip regular courts of jurisdiction over ownership disputes involving sequestered assets.

Attorney Ethics When Does Zealous Advocacy Cross THE Line

SEC Jurisdiction Over Corporate Controversies: The Lozano v. De Los Santos Test

When does the SEC have jurisdiction over corporate disputes? The Supreme Court clarifies the two-element test in Lozano v. De Los Santos.

Ejectment Cases: When Does Destruction of Property Terminate Lease Agreements

Philippine Supreme Court ruling on ejectment cases, lease termination, and jurisdiction when leased property is destroyed by fire.

When Does Alibi Fail: Positive Identification in Philippine Criminal Law

Philippine Supreme Court explains why alibi fails against positive identification, and when moral damages are not awarded in criminal cases.

When a Guilty Plea Does Not Admit Aggravating Circumstances: The Baldimo Case

A guilty plea in capital cases no longer admits aggravating circumstances; prosecution must prove them beyond reasonable doubt.