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Showing 193–216 of 1,259 articles for “doe”

Challenging Forged Documents and Implied Admissions in Philippine Property Law

The Supreme Court clarifies when failure to respond to a request for admission does not result in implied admission, protecting property owners from forged documents.

Rape Conviction Affirmed: Why Victim Testimony Prevails Over Resistance Myths in Philippine Law

Philippine Supreme Court affirms rape conviction, clarifying that lack of physical resistance does not negate rape and victim testimony suffices.

Judicial Affidavit Rule and Contempt: Good Faith in Complying with Court Orders

When does using a corporate name violate an injunction? The Supreme Court clarifies that good faith compliance defeats indirect contempt.

Unexcused Absence When Is Dropping From the Rolls Justified

When does an employee's absence become AWOL? The Supreme Court explains the rule on dropping from the rolls.

Perfected Construction Contract Award Trumps Suspension

A bidder's acceptance of a notice to proceed perfects a construction contract; a later suspension does not undo it. The Supreme Court explains.

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Self-Defense and Unlawful Aggression: Key Lessons from a Philippine Homicide Case

When does self-defense hold in Philippine homicide cases? The Supreme Court explains the crucial element of unlawful aggression.

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

CLT vs Emancipation Patent: Why a Certificate of Land Transfer Does Not Vest Ownership

Supreme Court clarifies that a Certificate of Land Transfer is not proof of ownership—only an Emancipation Patent confers absolute title.

Cadastral Proceedings: Jurisdictional Validity Through Official Gazette Publication

When does a cadastral court validly acquire jurisdiction? The Supreme Court clarifies the publication requirement under the Cadastral Act.

PAO Representation Does Not Bar Attorney's Fees Award in Labor Cases

Supreme Court rules that employees represented by the Public Attorney's Office can still recover attorney's fees from employers who unlawfully withheld wages.

VAT Refund for Tourists Upheld: Why the Supreme Court Found No Equal Protection Violation

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

Voluntary Appearance and Proper Service of Summons in Philippine Courts

Learn when a defendant's voluntary appearance cures defective summons and why improper service alone does not warrant dismissal.

Land Rights Prior Subdivision Approval Does NOT Guarantee Free Patent Application Approval

Prescription and COA Authority Over Disbursed Public Funds: Ramiscal v. COA

The Supreme Court clarifies that the State's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Misconduct vs Termination: Balancing Employee Rights and Employer Authority in the Philippines

Philippine Supreme Court clarifies when employee misconduct justifies termination, and when it does not, in Fabricator Philippines v. Estolas.

When Approving Loans Doesnt Equal Liability Protecting Officials From Unfair Disallowances

Estafa AND Corporate Liability When Does Breach OF Contract Become A Crime

Mutual Termination of a Construction Contract Does Not Erase Unpaid Obligations

A Supreme Court ruling clarifies that mutually terminating a government construction contract does not waive the contractor's right to collect payment for work already completed.

Mutual Contract Termination Does Not Waive Payment Claims in Construction Disputes

Supreme Court ruling on DPWH v. CMC/Monark Joint Venture clarifies that mutual termination of a construction contract does not extinguish valid payment claims.

Res Judicata and Due Process in Tax Sales: When a Prior Case Does Not Bar a New Suit

The Supreme Court clarifies when res judicata applies in tax delinquency sales and protects property owners' right to due process.

Bank Manager's Acquittal in Graft Case Does Not Erase Civil Liability for Negligence

Philippine Supreme Court ruling clarifies that acquittal in a criminal graft case does not automatically absolve a bank manager from civil liability for negligence.