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Showing 337–360 of 1,259 articles for “doe”

Intervention Rights When A Case Fails SO Does THE Right TO Intervene

When a main case is dismissed for lack of jurisdiction, an intervenor's right to intervene also ceases. Learn the rule from Pulgar v. RTC of Mauban.

Unfair Competition Copying and Employee Recruitment As Unjust Business Practices

When does copying a rival's products and hiring its employees become unfair competition under Philippine law? The Supreme Court explains.

Regular vs Project Employment: Security of Tenure in Service Contracts

When does a worker become regular despite project-based contracts? The Supreme Court clarifies the rules on security of tenure.

The Weight of Silence: Accomplice Liability in Kidnapping for Ransom

When does silence and serving food make someone an accomplice to kidnapping for ransom? The Supreme Court explains.

Counterclaims Survive Dismissal of Main Suit: The Right to Seek Redress Endures

The dismissal of a main suit does not automatically extinguish a defendant's counterclaim. Learn the procedural rules that protect this right.

Medical Negligence and the Standard of Care: Physician Liability in Homicide Cases

The Supreme Court clarifies when a doctor's failure to operate constitutes reckless imprudence resulting in homicide, and when it does not.

Reapportionment and Term Limits: Can Renaming a District Reset the Clock?

When a legislative district is reapportioned and renamed, does the three-term limit clock reset? The Supreme Court answers in Naval v. COMELEC.

Reinstatement Rights Balancing Seniority AND Prevailing Wage Standards IN Illegal Dismissal Cases

Supreme Court clarifies that reinstatement "without loss of seniority rights" does not mean equal pay with newer, differently-situated employees.

Partition Rights CO Ownership VS Prior Judgment IN Philippine Property LAW

Supreme Court clarifies that a default judgment cannot substitute for proof of co-ownership, and a tax declaration alone does not establish title.

Novation vs Alternative Obligations: Clearing the Confusion in Contract Law

When does a new agreement extinguish an old debt? The Supreme Court clarifies novation versus alternative obligations in this contract law case.

Duress in Mortgage Contracts: Reasonable Fear and Legal Claims Under Philippine Law

Philippine Supreme Court clarifies when fear or duress voids a mortgage, and why threatening a legal claim does not vitiate consent.

Rape Conviction Upheld: Child Witness Credibility and the Hymenal Laceration Myth

The Supreme Court affirms a grandfather's qualified rape conviction, holding that an intact hymen does not negate rape and that a child's credible testimony suffices.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Regularization vs Illegal Dismissal: What Employees Must Prove in Philippine Labor Law

Supreme Court clarifies that being a regular employee does not automatically mean illegal dismissal occurred; the fact of dismissal must still be proven.

Upholding Attorney Accountability: Neglect of Duty and the Imperative of Client Communication

A lawyer suspended for neglect and failing to update a client on case status; withdrawal of a disbarment complaint does not end the case.

Squatters Rights vs Government Housing Programs When Occupancy Doesnt Guarantee Ownership

Explore the 2014 Supreme Court ruling on corporate dissolution and property rights in Alabang Corporation v. Alabang Hills Village Association.

Lease Agreements and Inheritance: What Tenants Should Know About Property Transfers

A lessee's occupancy does not create a vested right to buy property. Learn the limits of tenant rights when ownership changes.

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Nepotism in Government: Abstention Does Not Cure Illegality

The Supreme Court rules that a government official's abstention from voting does not cure the nepotistic character of a relative's appointment.

Seafarers Disability: Prolonged Incapacity Trumps Fit-to-Work Certification

A company doctor's fit-to-work certification does not defeat a seafarer's permanent total disability claim when incapacity exceeds 120 days.

Bargaining in Good Faith: The Fine Line Between Firm Positions and Unfair Labor Practices

When does a company's hardline stance in CBA talks become bad faith bargaining? The Supreme Court clarifies the line.

Rape Conviction Upheld: Credibility of Testimony and Immateriality of Pregnancy

Supreme Court affirms rape conviction, ruling that a victim's pregnancy does not negate rape and that court testimony prevails over affidavits.

Breach of Bar Exam Instructions: Simple Misconduct vs Gross Misconduct

When does violating bar exam rules amount to simple misconduct rather than gross misconduct? The Supreme Court explains in this administrative case.

Possession Follows Ownership When a Writ of Execution Implies Possession of Land

Philippine Supreme Court ruling: a writ of execution may place a winning party in possession of land even if the judgment does not expressly say so.