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Showing 1225–1248 of 2,066 articles for “dismissal”

Dismissal of Appeal, Untenable Excuses, and the Boundaries of Judicial Discretion

When a lawyer's mistake costs a client the case, the Supreme Court explains the limits of relief from judgment and counsel's negligence.

Dismissal for Grave Misconduct: Upholding Integrity in Court Administration

Explore how the Supreme Court upholds accountability in court administration, examining dismissal for grave misconduct and its impact on judicial integrity.

Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution

The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.

Piercing the Sole Proprietorship Veil: Personal Liability for Business Debts in Illegal Dismissal Cases

Learn when Philippine courts hold sole proprietors personally liable for business debts, including illegal dismissal claims, and how to protect personal assets.

Redundancy and Release: Examining the Validity of Dismissal and Waiver in Philippine Labor Law

A look at when redundancy dismissals are valid and when quitclaims bar illegal dismissal claims, based on a PLDT case.

Dismissal FOR Gross Ignorance When Detention Pending Investigation Violates Rights

Dismissal for Prolonged AWOL Upholds Public Service Accountability

Court employee dropped from rolls after prolonged AWOL. The ruling affirms strict accountability for public servants.

Abandonment vs Illegal Dismissal: Protecting Workers' Rights in the Philippines

Philippine Supreme Court clarifies the distinction between abandonment and illegal dismissal, protecting workers who file complaints after being reprimanded.

Dismissal of Appeals: Balancing Procedural Rules and Substantial Justice

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in dismissing appeals on technical grounds.

Abandonment vs Illegal Dismissal: Proving Intent to Abandon Employment

Philippine Supreme Court clarifies the two requisites for valid dismissal due to abandonment, emphasizing employer's burden of proof.

Prescription Period in Illegal Dismissal Cases: When Does the Clock Start Ticking

Learn when the prescriptive period for illegal dismissal claims begins, based on Philippine Supreme Court rulings and the Labor Code.

Employee Dishonesty and Breach of Trust: When Is Dismissal Justified

Explore when Philippine courts uphold dismissal for employee dishonesty and breach of trust, and the due process requirements employers must satisfy.

Judicial Misconduct When Delay AND Ignorance Lead TO Dismissal

Fair Dismissal Evidence AND DUE Process IN Labor Disputes

Forum Shopping in the Philippines: How to Avoid Dismissal of Your Case

Learn what forum shopping means in Philippine law, its elements, and how to avoid case dismissal through proper certification and disclosure.

Forum Shopping in the Philippines: Avoiding Dismissal of Your Case

Learn how Philippine courts define forum shopping, the test for dismissal, and practical tips to avoid losing your case.

Burden of Proof in Constructive Dismissal Cases Philippine Labor Law Explained

Understand the burden of proof in constructive dismissal cases under Philippine labor law, and how employees can establish illegal dismissal claims.

Employee Transfers and Constructive Dismissal: The Rural Bank of Cantilan Case

Philippine Supreme Court clarifies when a job transfer becomes constructive dismissal, using the Rural Bank of Cantilan v. Julve ruling.

Prolonged Suspension Equals Constructive Dismissal: Security Guard Rights Under Philippine Labor Law

When a security guard's preventive suspension lasts beyond 30 days without pay, it becomes constructive dismissal entitling the worker to reinstatement and backwages.

Fixed-Term Employment and Security of Tenure: When Contracts Expire Without Illegal Dismissal

The Supreme Court explains when fixed-term employment is valid and why expiration of a contract is not illegal dismissal.

Ejectment Case Jurisdiction in the Philippines: MTC vs RTC After Bejar v. Caluag

Filing an ejectment case in the wrong court risks dismissal. Learn how Bejar v. Caluag clarifies MTC vs RTC jurisdiction.

Rule 42 Dismissal: How Defective Verification and Annexes Can Kill an Appeal

A Supreme Court ruling on Rule 42 petitions shows how verification defects and missing certified copies can doom an appeal before the Court of Appeals.

Misclassified Field Personnel: Overtime Pay and Illegal Dismissal in the Philippines

Supreme Court ruling on truck driver misclassified as field personnel, entitled to overtime pay, and illegally dismissed for complaining.

Why Filing Securities Complaints with the Right Agency Matters: Baviera v. Standard Chartered Bank

A Supreme Court ruling on why securities fraud complaints must start with the SEC, and when courts can question a prosecutor's dismissal.