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Showing 361–384 of 2,066 articles for “dismissal”

Abandonment Requires Clear Intent Protecting Employees From Unjust Dismissal

Philippine Supreme Court clarifies that abandonment of work requires clear intent to sever employment, not mere absence from work.

Dismissal for Dishonesty and Grave Misconduct: Clerk of Court's Breach of Trust Over Court Funds

A clerk of court who failed to deposit court collections daily was dismissed for dishonesty and grave misconduct, even after full restitution.

Voluntary Appearance and Proper Service of Summons in Philippine Courts

Learn when a defendant's voluntary appearance cures defective summons and why improper service alone does not warrant dismissal.

When an Employer Fails to Provide Work: Constructive Dismissal in the Philippines

The Supreme Court explains when an employer's failure to give work assignments amounts to illegal constructive dismissal, and what workers must prove.

Maintaining Labor Peace: The Duty to Preserve Status Quo During Labor Disputes

Learn how the Supreme Court protects employees from illegal dismissal and clarifies the duty to maintain the status quo during labor disputes.

Equitable Estoppel in VAT Refund Claims: Protecting Taxpayers From Conflicting BIR Rulings

The Supreme Court shields taxpayers who relied on BIR Ruling No. DA-489-03 from premature VAT refund dismissals through equitable estoppel.

Exclusive Venue Stipulations in Mortgage Contracts: When a Motion to Dismiss Must Be Granted

The Supreme Court clarifies when an exclusive venue stipulation in a mortgage contract binds parties and requires dismissal of a case filed elsewhere.

Affidavits of Retraction and Evidence in Illegal Dismissal Cases: PNB v. Gregorio

Supreme Court clarifies how courts review NLRC rulings and how affidavits of retraction are treated in illegal dismissal cases.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights

Philippine Supreme Court clarifies when a security guard who abandons his post may be validly dismissed versus illegally terminated.

Due Process Rights and Fair Notice in Administrative Cases: The Iglesias Ruling

The Supreme Court clarifies that administrative due process requires fair notice of charges, but valid original allegations can still support dismissal.

Dismissal Due to Technicality: Navigating Procedural Requirements in Labor Disputes

The Supreme Court affirms that strict compliance with procedural rules, like attaching certified true copies and stating material dates, is essential in certiorari petitions.

False Statements on Personal Data Sheets Lead to Judge's Dismissal for Dishonesty

The Supreme Court dismissed a judge for lying on her Personal Data Sheets, ruling that dishonesty has no place in the judiciary.

Dishonesty in Judicial Applications: When a Judge's False PDS Ends a Career

A judge's failure to disclose pending cases in her Personal Data Sheet led to dismissal for dishonesty and grave misconduct.

Conflicting Court Decisions on Reinstatement and the Limits of Execution in Labor Disputes

When two appellate rulings clash on illegal dismissal, execution of judgment may be suspended. The Supreme Court explains the limits.

Ombudsman's Discretion Upheld in Dismissing Graft Charges Absent Concrete Evidence

Supreme Court affirms Ombudsman's dismissal of graft charges against Nueva Ecija officials, citing lack of probable cause and procedural finality.

Burden of Proof in Illegal Dismissal: Employer's Duty vs. Security Guard's Claim

Who bears the burden of proof in illegal dismissal cases? The Supreme Court clarifies the rules on voluntary resignation vs. constructive dismissal.

Dismissal for Misconduct: When Employee Disrespect Justifies Termination

Explaining when an employee's disrespectful conduct toward a superior constitutes serious misconduct justifying dismissal under Philippine labor law.

Breach of Trust: Dismissal for Dishonesty and Misconduct in Public Service

Court employees who misappropriate judiciary funds face dismissal for dishonesty, grave misconduct, and gross neglect of duty.

Seafarer Rights Illegal Dismissal and the Importance of Due Process

A seafarer's dismissal requires just cause and due process. The Supreme Court explains both in this landmark ruling.

Union Expulsion vs Dismissal: When a Union Security Clause Cannot Justify Termination

Supreme Court rules union officers cannot be expelled and dismissed based on grounds for impeachment under the union constitution.

Dismissal Based on Uncorroborated Report Violates Due Process in Seafarer Cases

Supreme Court rules a seafarer's dismissal based on an uncorroborated captain's report violates due process and just cause requirements.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Constructive Dismissal Claim Fails Without Proof of Overt Dismissal Act

Supreme Court clarifies that employees alleging constructive dismissal must prove actual dismissal, not just claim it.

Disobeying Orders: When Does It Justify Dismissal in the Philippines?

Philippine labor law on insubordination: when defiance of company orders warrants dismissal, and when it does not.