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Showing 169–192 of 1,259 articles for “doe”

Piece-Rate Workers Are Regular Employees Entitled to Security of Tenure

Philippine Supreme Court clarifies that piece-rate payment does not negate regular employment, and abandonment requires proof of intent.

Ejectment vs. Expropriation: When a Supervening Event Does Not Stop Execution

The Supreme Court clarifies when a pending expropriation case can suspend execution of an ejectment judgment, and when it cannot.

Treachery Unveiled: When Sudden Attack Does Not Mean Murder

Supreme Court clarifies that sudden attack alone does not prove treachery, reducing a murder conviction to homicide.

VAT Refund for Tourists Upheld: Supreme Court Rules on Equal Protection in Taxation

The Supreme Court upheld the constitutionality of the VAT refund law for foreign tourists, ruling it does not violate equal protection.

Surety Bonds in Replevin: When Does a Bond Really Expire?

A surety bond in a replevin case remains valid until the case is finally terminated, even if the stated period has lapsed.

Oral Sales Agreements Transfer Property and the Limits of Rescission

When does an oral deal to sell land transfer ownership? The Supreme Court clarifies the line between a sale and a contract to sell, and when rescission is allowed.

Fiscal Autonomy vs COA Oversight: PhilHealth CARAGA Benefits Case

Supreme Court clarifies that GOCC fiscal autonomy does not override COA audit power over disallowed benefits.

Procedural Lapses in Filing Fees Do Not Erase Civil Liability in Swindling Cases

Supreme Court clarifies that underpayment of docket fees based on clerk assessment does not bar recovery of damages in estafa cases.

Breach of Trust When Reallocating Funds Leads to Dismissal in the Philippines

When does an employee's fund reallocation justify dismissal? The Supreme Court explains serious misconduct and loss of trust and confidence.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Contractual Obligations Prevail: Storage Fees Due Despite Customs Hold Order

Supreme Court clarifies that a Bureau of Customs hold order does not relieve a consignee from paying arrastre storage fees under its contract.

BOC Hold-Order Does Not Excuse Consignee From Paying Arrastre Storage Fees

Supreme Court rules a Bureau of Customs Hold-Order does not transfer liability for storage fees from the consignee to the BOC.

Prescription in Tax Assessment: Taxpayers' Right to a Timely Assessment

When does the BIR lose its right to assess taxes? The Supreme Court clarifies prescription rules and valid waivers in CIR v. BPI.

Exploitation of Minors: Upholding the Anti-Trafficking Law in the Philippines

The Supreme Court affirms life imprisonment for trafficking a minor into prostitution, clarifying that a child's consent or voluntary act does not negate liability under RA 9208.

Treachery Unproven When A Sudden Attack Doesnt Automatically Mean Murder

Supreme Court clarifies that sudden attacks do not automatically prove treachery, downgrading murder to homicide in People v. Francisco.

Affidavit of Recantation: When Does It Reverse a Conviction

The Supreme Court explains when a complainant's recantation can overturn a conviction and why courts view retractions with suspicion.

Diminished Liability Distinguishing Homicide From Murder Based ON Proof OF Superior Strength

The Supreme Court explains when the qualifying circumstance of abuse of superior strength applies—and when it does not.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Preemptive Rights and Waiver in Close Corporation Stock Transfers

When does failure to follow a stock transfer restriction become valid? The Supreme Court explains consent and waiver in Florete v. Florete.

Parental Authority vs Consent: Rape Conviction Upheld Despite Delayed Reporting

A father's moral ascendancy substitutes for force in rape, and a daughter's long silence does not weaken her testimony, the Supreme Court ruled in Clemeno.

Corporate Rehabilitation Stay Orders and Creditor Set-Offs: The Allied Banking v. SCP Ruling

When does a rehabilitation stay order bind creditors? The Supreme Court explains retroactivity, set-offs, and due process in Allied Banking v. SCP.

Employer Liability: Ownership of Premises Does Not Make One an Employer

Supreme Court clarifies that owning a building or premises does not automatically create an employer-employee relationship, reversing a labor ruling against a property owner.

Divorce Decree Recognition in Bigamy Cases: Strict Proof Required

A foreign divorce decree does not automatically dissolve a marriage in the Philippines. Learn what proof is required to avoid bigamy conviction.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.