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Showing 73–96 of 108 articles for “waiver”

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Due Process and Teacher Discipline: Waiver Through Estoppel in Huertas v. Gonzalez

Teacher who agreed to affidavit-based investigation cannot later challenge committee composition on due process grounds.

Tax Assessment Validity: Strict Requirements for Waivers of the Statute of Limitations

Philippine Journalists, Inc. v. CIR clarifies that waivers of the tax prescription period must strictly comply with BIR regulations to be valid.

Waiver of Rights: The Importance of Asserting Your Right to Cross-Examine Witnesses

Learn why failing to cross-examine witnesses and perfect an appeal on time can be fatal to your case, based on a Philippine Supreme Court ruling.

Contractual Obligations Upholding Clear Terms In Waiver Agreements

The Supreme Court enforces the plain terms of a waiver agreement, ruling that clear contractual stipulations prevail over claims of unexpressed intent.

Due Process in Death Penalty Cases: Waiver of Right to Present Evidence

When can a court deem an accused to have waived the right to present evidence? The Supreme Court explains the due process limits.

Sovereign Immunity Contracts With Foreign States AND Waiver OF Immunity

Explaining the Supreme Court's ruling in Republic of Indonesia v. Vinzon on foreign sovereign immunity, waiver clauses, and embassy maintenance contracts.

Upholding Voluntary Arbitration When A Signed Agreement Overrides Prior Waiver In Labor Disputes

A signed submission agreement to voluntary arbitration prevails over a prior waiver of grievance machinery, the Supreme Court ruled.

Safeguarding Due Process: Ensuring Informed Waiver of Rights in Capital Offenses

Trial courts must conduct a searching inquiry before accepting an accused's waiver of the right to present evidence in capital cases.

Waiver of Publication in Foreclosure Sales: Protecting Public Interest Over Private Agreements

Philippine Supreme Court rules parties cannot waive publication requirements in extrajudicial foreclosure sales under Act No. 3135.

Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption

A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.

Protecting THE Vulnerable Rape OF A Person With Mental Retardation AND THE Waiver OF Constitutional Rights

Waiver of Appeal: Probation Application Bars Subsequent Appeal Attempts

Filing for probation waives the right to appeal in Philippine criminal cases. The Supreme Court explains why in Vicoy v. People.

Finality of Judgment: Accused's Waiver of Appeal Bars Reopening of Homicide Case

A conviction becomes final when the accused waives appeal, and the trial court loses jurisdiction to reopen the case—double jeopardy protects the accused.

Speedy Trial Rights: Motion for Reinvestigation and Waiver of Timeliness Claims

Philippine Supreme Court ruling on whether filing a motion for reinvestigation waives the right to claim speedy disposition of cases.

Bouncing Checks and Due Process: When Is a Waiver Really a Waiver

A look at when a court may declare a defendant's right to present evidence waived, and the penalties for bouncing checks under B.P. 22.

Speedy Disposition of Cases: Balancing Delay and Due Diligence in Preliminary Investigations

The Supreme Court clarifies when delay in preliminary investigation violates constitutional rights, and when the accused's own inaction amounts to waiver.

Waiver in Election Protests: Demurrer to Evidence Implies Loss of Right to Present Own Evidence

Filing a demurrer to evidence in an election protest waives the protestee's right to present evidence, even if the demurrer is denied.

Waiver OF Cross Examination Impact ON Admissibility OF Hearsay Evidence

Speedy Trial Rights in Military Courts-Martial: Inordinate Delay and Waiver Explained

Understand when delay in military court-martial cases violates speedy trial rights, and how silence can waive constitutional protection.

Wage Differentials and Employee Waivers: Labor Rights in the Philippines

A Supreme Court ruling on wage differentials, employee waivers, and the strict rules on appeals in Philippine labor cases.

Confessions and Conspiracy: Navigating Rights and Guilt in Philippine Murder Cases

The Supreme Court clarifies when waivers of rights are invalid and how conspiracy is proven in murder cases.

Unconscionable Quitclaims: When Employee Waivers Are Void in Philippine Labor Law

Philippine Supreme Court rules on when quitclaims and waivers signed by employees are unconscionable, void, and contrary to public policy.

Illegal Dismissal in the Philippines: Due Process and Valid Waivers in C & A Construction v. NLRC

Understand illegal dismissal in the Philippines through C & A Construction v. NLRC: due process requirements, valid quitclaims, and limits on damages.