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Showing 1–24 of 50 articles for “escape”

When a Surety Can Escape Liability: Overcoming the Presumption of Regularity

Philippine Supreme Court clarifies when sureties can overcome the presumption of regularity attached to notarized continuing suretyship agreements.

When a Corporate Officer Escapes Civil Liability for a Bounced Check Under BP 22

The Supreme Court clarifies that an acquitted corporate officer cannot be held personally liable for a dishonored corporate check under BP 22.

Cyber Libel and Retroactivity: When Facebook Posts Escape Criminal Liability

Explaining the Supreme Court ruling that pre-2012 Facebook posts cannot be prosecuted as cyber libel under the Revised Penal Code.

Corporate Officers Criminally Liable for Customs Fraud: Fernandez v. People

Corporate officers cannot hide behind a corporation to escape criminal liability for customs fraud, the Supreme Court ruled in Fernandez v. People.

Bank Liability and Depositor Rights: Fiduciary Duties in the Philippines

The Supreme Court affirms that banks owe depositors extraordinary diligence, and a bank cannot escape liability for its employees' unauthorized acts.

Notarial Seal Misuse: Supreme Court Ruling on Lawyer Accountability in the Philippines

A Supreme Court ruling clarifies that lawyers cannot escape liability when their notarial seal is misused, even if signatures are forged.

Resignation VS Reinstatement When CAN A Government Employee Reverse Course

Can a government employee escape administrative liability by resigning or transferring? The Supreme Court clarifies the rule in a recent ruling.

Revoking a Surety Agreement: Proving Timely Notice and Release from Liability

A surety who sends a timely revocation letter by registered mail can escape liability—provided the notice is properly proven and received.

Piercing the Corporate Veil: Employer Liability for SSS Contributions Despite Officers' Acquittal

A corporation cannot escape SSS contribution liability merely because its officers were acquitted in the criminal case. The Supreme Court explains why.

Piercing the Corporate Veil: Employers' Liability for Unremitted SSS Contributions

Supreme Court clarifies that corporations cannot hide behind separate personality to escape liability for unremitted SSS contributions.

Economic Hardship Is Not a Valid Excuse to Breach a Lease Contract: Iloilo JAR Corp. v. Comglasco

A lessee cannot invoke economic crisis or financial difficulty to escape a lease contract. The Supreme Court clarifies Article 1267 limits.

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Mortgage Validity: Restrictions on Property Rights vs Contractual Obligations

Supreme Court rules on whether NHA restrictions on a titled property invalidate a mortgage, and when borrowers can escape contractual obligations.

Seafarer Death Benefits: Proving Suicide as a Defense Against Employer Liability

The Supreme Court explains when an employer may escape liability for seafarer death benefits by proving suicide as a willful act.

When Airlines Can Escape Liability: Bad Faith and Fortuitous Events in Carriage Contracts

The Supreme Court explains when a typhoon-caused flight delay absolves an airline from moral damages claims under Philippine law.

Bigamy Conviction Upheld Despite Void Second Marriage Understanding Fraud AND Legal Consequences

Supreme Court affirms bigamy conviction of second spouse who knowingly married a man with a subsisting marriage, ruling she cannot escape liability by claiming her own fraudulent marriage was void.

When a Second Spouse Becomes an Accomplice to Bigamy: Santiago v. People

Explaining when a second spouse may be convicted as an accomplice to bigamy, and why a flawed marriage cannot be used to escape liability.

Employer Liability for Employee Negligence: Proving Diligence in Selection and Supervision

Philippine Supreme Court clarifies when employers can escape liability for employee negligence under Article 2180 of the Civil Code.

Ghost Purchases and Public Trust: When Oversight Reliance Fails in Graft Cases

The Supreme Court affirms graft convictions for ghost purchases, clarifying when public officers cannot rely on subordinates' work to escape liability.

Jail Officers Negligence Defining Gross Misconduct in Public Service

Supreme Court ruling on when a jail officer's negligence and consent to a prisoner's escape constitutes gross misconduct in public service.

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Parking Liability When Negligence Doesn't Extend to the Property Owner

When a car is stolen from a paid parking lot, who pays? The Supreme Court explains when the property owner escapes liability.

Rape and Parental Betrayal: Proving Minority and Relationship in Qualified Rape Cases

A father convicted of raping his daughter escapes the death penalty because the prosecution failed to prove her minority by independent evidence.

Piercing the Corporate Veil: When a Corporation Cannot Escape Its Loan Obligations

The Supreme Court explains when courts may disregard corporate fiction to hold a corporation liable for loans received by its affiliates and alter egos.