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Showing 97–120 of 319 articles for “burden of proof”

Attorney Suspension Case Dismissed: Res Judicata and Burden of Proof in Administrative Cases

Supreme Court dismisses administrative complaint against lawyer, applying res judicata and the clear preponderance of evidence standard in disciplinary proceedings.

Arrastre Operator Liability: Proving Delivery Diligence in Cargo Claims

When is an arrastre operator liable for missing cargo? The Supreme Court clarifies the burden of proof and the effect of signed gate passes.

Bail and the Burden of Proof: Examining Treachery in Murder Cases

When can an accused charged with murder still get bail? The Supreme Court explains the burden of proving treachery.

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

Upholding Due Process and Proving Employer-Employee Relationship in Philippine Labor Cases

Philippine Supreme Court clarifies the burden of proof in illegal dismissal cases and the four-fold test for employer-employee relationship.

Illegal Dismissal: Proving Just Cause at the Time of Termination

When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.

Reconveyance Claims: Proving Ownership by Clear and Convincing Evidence

A look at Ibot v. Heirs of Tayco, where the Supreme Court clarified the burden of proof in reconveyance actions and the limits of Torrens title challenges.

Intoxication and Consent: Examining the Boundaries of Rape in Philippine Law

Supreme Court ruling on when intoxication negates consent in rape cases, explaining the elements of rape and the burden of proof.

Insubordination on the High Seas: Protecting Seafarers' Rights Against Unjust Dismissal

Philippine Supreme Court ruling on seafarer dismissal clarifies the burden of proof in insubordination cases and procedural due process under the POEA-SEC.

When Business Closure Requires Separation PAY Employers Burden OF Proof

Self-Defense Claims in Murder Cases: Proving Unlawful Aggression in Philippine Courts

The Supreme Court clarifies when self-defense fails in murder cases, explaining the burden of proof and the elements required to invoke this justifying circumstance.

Security of Tenure: Regular Employment and Illegal Dismissal in Fixed-Term Contracts

When does a fixed-term employee become regular? The Supreme Court clarifies security of tenure, illegal dismissal, and employer burden of proof.

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Self-Defense and the Burden of Proof: Evidence Rules in Slight Physical Injuries Cases

A Supreme Court ruling explains self-defense burdens and when unoffered evidence may still be admitted in slight physical injuries cases.

Breach of Trust and Employee Dismissal: Employer's Burden of Proof in Philippine Labor Law

Explore the Supreme Court's ruling in Temic Automotive v. Cantos on breach of trust dismissals, emphasizing the employer's burden of proof.

Upholding THE Integrity OF Drug Evidence Chain OF Custody AND THE Burden OF Proof IN Illegal Sale Cases

Suicide as a Bar to Seafarer Death Benefits: The Burden of Proof

When can a seafarer's suicide bar death benefits? The Supreme Court clarifies the employer's burden of proof in this maritime law case.

Burden OF Proof IN Deficiency Claims Banks Duty TO Substantiate Foreclosure Amounts

Burden of Proof in Labor Disputes: Employers Must Substantiate Claims of Payment

Employers who claim they paid workers' wages and benefits must prove it with payroll records. Learn the rule from a 2014 Supreme Court case.

Seafarers Disability Claims: Prematurity and the Burden of Proof in Tagle v. Anglo-Eastern

Explaining when a seafarer's disability claim is premature and who bears the burden of proving work-relatedness under the POEA-SEC.

Burden of Proof in Illegal Dismissal: Employer's Duty vs Employee's Obligation

Who must prove what in illegal dismissal cases? A Supreme Court ruling clarifies the burden of proof for employers and employees.

Attorney Accountability: Burden of Proof in Disbarment Cases Against Lawyers

Disbarment complaints require clear preponderant evidence, not mere assumptions. The Supreme Court explains the burden of proof in lawyer discipline cases.

Psoriasis Seafarers and the Burden of Proof in Work-Related Illness Claims

Philippine Supreme Court ruling on proving work-related illness for disability benefits, with lessons for seafarers.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.