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Showing 49–72 of 179 articles for “will”

Proving Illegal Dismissal: The Employee’s Initial Burden in Labor Cases

The Supreme Court clarifies the burden of proof in illegal dismissal cases and when dismissal for willful disobedience is lawful.

When Judges Owe Debts: Accountability for Willful Failure to Pay Just Debts

The Supreme Court holds judges accountable for unpaid personal debts, ruling that willful failure to pay a just debt is serious misconduct.

Upholding Employers Right Willful Disobedience AS Just Cause FOR Termination

Supreme Court ruling on willful disobedience as just cause for dismissal, explaining employer rights and employee duties under Philippine labor law.

Suffrage and Procedure: Upholding the Electorate’s Will Despite Technicalities in Election Protests

The Supreme Court ruled that votes for a nuisance candidate with a similar surname must be counted for the bona fide candidate, protecting voter intent.

Formal Will Requirements: Strict vs Substantial Compliance in Probate

Philippine Supreme Court clarifies when defective attestation clauses invalidate wills, distinguishing strict from substantial compliance under Civil Code Articles 805 and 809.

Probate of Wills in the Philippines: When Attestation Clause Errors Are Fatal

Philippine Supreme Court explains when attestation clause defects invalidate a will, and when substantial compliance may save it.

Death Benefits and Seafarers' Willful Acts: Employer Liability in Maritime Law

When a seafarer dies by suicide, employers may avoid death benefits if they prove the death resulted from a willful act.

Sound Mind Prevails: Upholding Testamentary Freedom in Will Probate

Philippine Supreme Court clarifies that forgetfulness does not equal unsound mind, and oppositors bear the burden in will probate cases.

Illegal Dismissal in the Philippines: When Loss of Trust and Confidence Doesn't Justify Termination

Philippine Supreme Court clarifies that loss of trust and confidence requires willful breach by employee; poor sales performance alone is not enough.

Probating Foreign Wills in the Philippines: A Step-by-Step Guide

Learn how to probate a foreign will in the Philippines, including the legal requirements, court process, and practical steps for heirs and executors.

When Courts Refuse to Second-Guess Executive Road Projects: The Torrecampo Case

The Supreme Court explains why courts will not substitute their judgment for the Executive's on where to build roads—and when injunctions fail.

Loss of Trust and Confidence in Philippine Labor Law: When Dismissal Becomes Illegal

Philippine labor law requires employers to prove willful breach of trust before dismissing employees. This case explains the standard.

When Refusing a Boss's Order Is Not Willful Disobedience: Lores Realty v. Pacia

Supreme Court clarifies what constitutes willful disobedience under Article 282 of the Labor Code and when an employee's refusal is justified.

Redirect Examination Waiver and Court Discretion: Soriano v. Mendoza-Arcega

When a trial court may deem redirect examination waived due to a party's delay, and why appellate courts will uphold that discretion.

Chain of Custody in Drug Cases: Why Proper Evidence Handling Matters

The Supreme Court explains the chain of custody rule in drug cases and when lapses in procedure will not defeat a conviction.

When Court Employees Owe Debts: Willful Failure to Pay and Conduct Unbecoming

A court process server's seven-year unpaid debt leads to administrative liability. Learn the rules on willful failure to pay just debts.

Willful Failure to Pay Just Debts Is Conduct Unbecoming a Court Employee

Court employees must pay just debts; willful non-payment is conduct unbecoming, even if the debt is later settled.

Moral Ascendancy AND Incestuous Rape THE Fathers Influence ON A Childs Will

Void Donations: Strict Compliance With Will Formalities for Mortis Causa Transfers

Donations mortis causa must follow will formalities or they are void. Learn from Echavez v. Dozen Construction.

Chain of Custody in Drug Cases: Integrity of Evidence Is Key

Philippine Supreme Court ruling explains why the chain of custody of seized drugs matters and when minor lapses will not acquit an accused.

Forged Wills and Fraud: Protecting Estates from Deceit

A forged will led to criminal liability for estafa through falsification of public document. Learn the legal rules and practical lessons from Obando v. People.

Finality of Election Protest Decisions: Protecting the Electorate's Will Over Technicalities

When election protest appeals are dismissed, the trial court's decision becomes final. COMELEC cannot issue injunctions against final judgments.

Correcting Election Errors: Safeguarding the Electorate's True Will

The Supreme Court upholds COMELEC's power to correct manifest errors in election documents to protect the true will of voters.

Kidnapping With Rape: Consent, Sweetheart Theory, and the Madsali Case

The Madsali case clarifies when a against her will—language sufficient to charge kidnapping. Since AAA was a minor, was detained for more than three days, and was raped during the detention, all eleme