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Showing 193–216 of 248 articles for “band”

Reinstatement vs Abandonment: Computing Backwages in Illegal Dismissal Cases

When an illegally dismissed employee refuses reinstatement, does abandonment cut off backwages? The Supreme Court clarifies the rule.

Constructive Dismissal vs. Abandonment: Protecting Employee Rights in the Philippines

The Supreme Court clarifies the distinction between constructive dismissal and abandonment in Globe Telecom v. Florendo-Flores, protecting employee rights.

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Robbery With Homicide: Proving Conspiracy and the Limits of Band Aggravation

The Supreme Court explains when conspiracy makes co-accused liable for robbery with homicide, and why "band" aggravates only when three or more armed men are proven.

The Perils of Affinity: Identifying Culprits Through Dim Light and Delayed Disclosure

When a widow identifies her husband's killers through a bamboo floor, the Supreme Court explains why dim light and delayed disclosure don't defeat a conviction.

Agrarian Reform Protecting Farmers Rights Against Illegal Land Transfers

Learn how the Supreme Court protects farmer-beneficiaries from illegal land transfers under PD 27, including rules on abandonment and reallocation.

Spousal Consent and Conjugal Property: What the Supreme Court Requires

The Supreme Court explains why a wife's written consent is essential before a husband can sell conjugal property, and when court approval may apply.

Spousal Liability in Estafa: Why Marriage Alone Does Not Prove Guilt

Supreme Court ruling: a husband's mere presence when his wife issued a bouncing check does not prove conspiracy in estafa.

Abandonment of Property Justifies Rescission of Real Estate Contract

Supreme Court rules buyer's abandonment and non-payment of amortizations justify rescission of contract to sell, despite developer's alleged breaches.

Contractual Obligations Prevail: Bouncing Checks and Prejudicial Questions in Philippine Law

When do civil disputes suspend criminal cases for bouncing checks? The Supreme Court clarifies the rule on prejudicial questions in Sabandal v. Tongco.

Dilatory Appeals: The Supreme Court's Stance on Abandoned Appeals and Execution of Judgments

When an appellant's delay becomes abandonment, a judgment turns final and executory, and execution follows as a matter of right.

Attorneys Neglect AND Misconduct Consequences OF Abandoning Client Trust AND Defying Court Orders

Security of Tenure vs Abandonment: Reinstatement Rights in the Philippine National Police

The Supreme Court clarifies when accepting another government post during a case does not waive a dismissed officer's right to reinstatement.

Jurisdictional Boundaries: Appealing Customs Decisions and Exhausting Administrative Remedies in Importation D

Philippine Supreme Court ruling on why importers must appeal customs abandonment decisions to the Commissioner and CTA, not RTC.

Illegal Dismissal in the Philippines: Employee Rights and Employer Responsibilities

Philippine Supreme Court ruling on illegal dismissal, employee abandonment, overtime pay, and employer duties in termination cases.

Employee Abandonment in the Philippines: What Employers Must Prove Before Dismissal

Philippine Supreme Court clarifies the two elements of employee abandonment and the required notices before termination.

Demotion vs Illegal Dismissal: Know Your Rights as an Employee in the Philippines

Understand when a demotion is legal, when it becomes constructive dismissal, and how abandonment claims work under Philippine labor law.

Land Reform Rights: Voluntary Surrender vs. Abandonment Under Philippine Law

Explaining the Supreme Court's ruling on when a farmer-beneficiary's surrender of land reform rights is valid and how DAR may reallocate the land.

Treachery in Criminal Law: Defining Sudden and Unexpected Attacks in Murder Cases

In People v. Cabande, the Supreme Court explains how treachery qualifies a killing as murder and why a sudden attack leaves victims unable to defend themselves.

Abandonment in Labor Disputes: Defining Intent and Action

Understanding how Philippine labor law defines abandonment—requiring both intent to sever and unequivocal acts—and why employers must prove it.

When Quitting Is Not Illegal Dismissal: Voluntary Abandonment in Philippine Labor Law

A barber who left work and filed for illegal dismissal without seeking reinstatement was found to have abandoned his job. Learn the rules.

When Family Ties Meet Election Law: Disqualification for Acts of Terrorism

A spouse can be disqualified from office for election terrorism committed by her husband when the acts enhance her candidacy.

Disqualification for Terrorism, Direct Participation, and Spousal Liability in Elections

A wife-candidate can be disqualified for election terrorism committed by her husband when evidence shows her direct participation or acquiescence.

When Can a Motion to Dismiss Be Filed After Answer? Obando v. Figueras Explained

The Supreme Court explains when a motion to dismiss may be granted even after an answer is filed, and what happens when a party loses legal standing mid-case.