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Showing 145–168 of 270 articles for “let”

Due Process and Service of Summons in Labor Disputes: Ensuring Fair Notice

Philippine Supreme Court clarifies when service of summons in labor cases is complete, even if mail is unclaimed.

Judicial Ethics: When a Judge's Personal Letter Becomes Official Misconduct

Supreme Court clarifies when a judge's use of court letterhead and title in personal correspondence crosses the line into impropriety.

Extrajudicial Lease Termination: When a Demand Letter Suffices to End a Lease

Philippine Supreme Court ruling on when a lessor's demand letter validly terminates a lease and allows extrajudicial repossession.

Extrajudicial Repossession After Lease Default: What Irao v. By the Bay, Inc. Means

Supreme Court explains when a lessor's demand letter counts as notice of termination, allowing extrajudicial repossession of leased property.

Breach of Contract: When Incomplete Construction Doesn't Warrant Full Payment

Philippine Supreme Court rules on when a contractor's incomplete work bars recovery of the full contract price in construction disputes.

Pactum Commissorium Protecting Debtors From Unfair Foreclosure

The Supreme Court voided a dacion en pago that let a creditor automatically take mortgaged land, reaffirming the Philippine ban on pactum commissorium.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Good Faith and the Exercise of Legal Rights: When Demands for Rent Don't Amount to Abuse of Rights

Philippine Supreme Court clarifies that sending demand letters to assert property rights, done in good faith, is not an abuse of rights under Article 19 of the Civil Code.

Letter of Undertaking Enforceability and Independence From Negotiable Instruments

Supreme Court rules a letter of undertaking is a separate contract, binding even if the underlying sight draft is discharged under the Negotiable Instruments Law.

Substantial Completion vs Unjustified Delay: Contractor Entitlements in Construction Disputes

When is a contractor in delay? The Supreme Court clarifies how substantial completion and change orders affect liquidated damages.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

Clerk of Court's Negligence: When Lost Court Records Undermine Justice

A clerk of court's failure to keep complete records constitutes simple neglect of duty, as shown in Rivera v. Buena.

Burden of Proof in Tax Refund Claims: Taxpayers Must Provide Sufficient Evidence

Philippine Supreme Court ruling on Atlas Consolidated Mining clarifies that taxpayers claiming VAT refunds must present complete documentary evidence.

Probate Jurisdiction and Due Process in Will Allowance: Nittscher v. Nogales

The Supreme Court clarifies probate jurisdiction, forum-shopping rules, and due process in allowing holographic wills and issuing letters testamentary.

When Foreclosure Becomes Inevitable: Understanding the Limits of Injunctive Relief

A Supreme Court ruling clarifies when courts cannot stop a government bank's foreclosure, and why a completed sale makes an injunction pointless.

Protecting Subdivision Buyers THE Right TO Suspend Payments FOR Uncompleted Developments

Contempt of Court and Lawyer Accountability: The Roxas Case

A lawyer's intemperate letter to a Supreme Court Justice led to a P30,000 fine for indirect contempt and a reminder of professional ethics.

When a Lawyer's Demand Letter Crosses the Line: Threats and Ethics

A lawyer's threat to file criminal charges in a demand letter violates the Code of Professional Responsibility and amounts to blackmail.

Establishing Filiation: How Informal Writings Can Prove Paternity in the Philippines

Philippine Supreme Court ruling on how handwritten letters can establish paternity and filiation of illegitimate children under the Family Code.

Clerks of Court Must Avoid Appearance of Impropriety: Lessons from Inot v. Rimando

A clerk of court used court letterhead to pressure parties into settling. The Supreme Court ruled this was conduct prejudicial to the service.

Preliminary Injunctions: Why Courts Must Hear Both Sides Before Issuing One

Philippine Supreme Court ruling on when a judge commits grave abuse of discretion by issuing a preliminary injunction without letting the opposing party finish presenting evidence.

Loan Foreclosure in the Philippines: Why Written Contracts Matter

A Supreme Court ruling shows why written loan terms govern foreclosure. Learn key lessons from Baluyut v. Poblete.

Prior Possession and Ejectment: When Tolerance Turns Into Unlawful Detainer

Learn how prior possession, tolerance, and demand letters determine whether an ejectment case is forcible entry or unlawful detainer.

OFW Illegal Dismissal Claims and Forged Documents: Key Lessons from G & M Philippines v. Cuambot

The Supreme Court explains how forged payslips and resignation letters affect OFW illegal dismissal claims, and why doubts are resolved in favor of labor.