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Showing 25–48 of 81 articles for “ched”

Piercing the Corporate Veil: When Can a Stockholder’s Assets Answer for Corporate Debts

The Supreme Court clarifies that stockholders are not automatically liable for corporate debts, even in close corporations, and explains when personal assets may be reached.

Agent's Duty to Prioritize Principal's Interests: Lessons from a Carnapped Vehicle Case

When a bank-agent failed to file an insurance claim for a carnapped vehicle and demanded full payment instead, the Supreme Court ruled it breached its fiduciary duty.

Protecting Seafarers' Permanent Partial Disability and the Right to Compensation

Supreme Court rules seafarers can claim permanent partial disability benefits even if injury is curable or not in POEA schedule.

Defective Notarization Sinks Presumption, But SC Upholds P600,000 Antichresis Loan

The Supreme Court voided the presumption attached to a notarized loan deed, yet still upheld the P600,000 antichresis debt and ordered yearly accounting of farm yields.

Corporate Control and Stock Ownership: Resolving Disputes in Philippine Corporations

A Supreme Court ruling clarifies how stock ownership disputes affect corporate elections and why prior rulings cannot be overstretched.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

Clerks of Court and Simple Neglect of Duty: The Migriño Case on Delayed Execution

The Supreme Court held a Clerk of Court liable for simple neglect of duty for delays in scheduling and executing a final judgment, affirming that court personnel must act with diligence.

In Pari Delicto Exception: Unjust Enrichment in Illegal Subcontracts

When an illegal contract leaves one party unjustly enriched, Philippine courts may set aside in pari delicto to prevent inequity.

When a Lawyer Buys the Client's Land: Breach of Fiduciary Duty in Property Acquisition

A lawyer who bought property his clients had already purchased breached his fiduciary duty. The Supreme Court explains why.

When a Judge Assists Family in Court: Conduct Unbecoming and the Ban on Private Practice

A judge who coached his daughter and assisted his wife in an administrative case was fined for conduct unbecoming and practicing law.

Retirement Benefits: Reconciling Prior Obligations With Employee Entitlements

A Supreme Court ruling clarifies how retirement pay is computed when employees were retrenched, rehired, and had prior debts to the employer.

Medical Malpractice: Establishing Negligence and Hospital Liability in Surgical Errors

The Supreme Court clarifies when surgeons and anesthesiologists are liable for negligence and when hospitals are not, in a botched caesarean case.

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Encroachment Disputes and Land Ownership Rights: A Philippine Supreme Court Guide

The Supreme Court clarifies how registered owners can recover encroached land through accion reivindicatoria, demolition, and damages.

Unjustified Refusal of Transcript Release: When Can a School Withhold Records

The Supreme Court clarifies when schools may withhold transcripts and why CHED cannot award damages in disputes over student records.

Preventive Suspension and Due Process: When Filing a Complaint Preempts Company Investigation

A look at Artificio v. NLRC on preventive suspension, due process, and the consequences of filing a dismissal complaint before a scheduled hearing.

Vacation Leave and Training Costs: Balancing Employer Discretion and Employee Rights

The Supreme Court ruled that employers may schedule vacation leave under a CBA, but cannot pass in-service training costs to security guards. Learn what this means.

Financial Capacity and Ombudsman Discretion in Local Salary Disputes

Explaining when LGUs may adopt higher salary schedules and why courts respect the Ombudsman's dismissal of complaints.

Abuse of Right Doctrine: Accountability for Public Officials in the Philippines

A Supreme Court ruling clarifies when local officials may adopt higher salary schedules and warns that unfounded suits against public officers can themselves be an abuse of right.

Judicial Impartiality and Finality: Lessons from CHED v. Dasig on Court Discipline

The Supreme Court reminds lower courts that judicial impartiality demands adherence to its rulings, as shown in CHED v. Dasig.

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.

Lawyer Suspended for Misusing Attached Properties in Custody of Court

Lawyer suspended one year for taking custody of attached vehicles without court authority and allowing their unauthorized use.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

Jurisdiction Over Labor Disputes: The Decisive Moment of Filing Claims

A Supreme Court ruling on why filing the wrong remedy — or the right one too late — can end a labor case before the merits are ever reached.