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Author name: Melissa Renee Mendiola

Does gross negligence have to be habitual to be considered as just cause for dismissal?

Facts Lingganay was hired by the respondents as a bus driver sometime in 2013. In October 2013, he figured in an accident while driving the company bus along Maharlika Hi-way in Brgy. Concepcion, Quezon Province.  On 30 December 2016, Lingganay was involved in another accident—this time, with a motorcycle. On 01 May 2017, Lingganay again […]

Does gross negligence have to be habitual to be considered as just cause for dismissal? Read More »

Basics of Ownership: What You Need to Know About Succession

In this blog, we shall be focusing on one of the few derivative modes of acquiring ownership: succession, including donation mortis causa.  What is ownership? Ownership is defined as the exclusive right of the possession, enjoyment, and disposing of a property.  Under Article 712 of the New Civil Code:  “Ownership is acquired by occupation and

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In case of doubt, in whose favor should an insurance claim dispute be resolved?

Doctrine: Insurers must not be allowed to delay the payment of claims by filing frivolous cases in court, hoping that the inevitable may be put off for years—or even decades—by the pendency of these unnecessary court cases Facts Romeo obtained an accident insurance policy from several insurance companies including Philam Life Insurance. One day, as he was coming out

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Does hostile behavior towards an employee constitute as constructive dismissal?

Doctrine: Employer’s insulting words and hostile behavior toward an employee constitutes constructive dismissal Facts: In 2009, Bartolome was hired by Toyota Q. Ave as a marketing professional trainee of its Vehicle Sales Department. He became a regular employee in 2010, tasked in selling of Toyota’s cars, products, and services.  On December 2015, Bartolome received a Notice of Decision

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Is the absence of one spouse evidence of psychological incapacity?

Doctrine: Unjustified Absence from Marital Home Considered Psychological Incapacity Facts:  Leonora and Alfredo married on June 9, 1984. Their married life started smoothly, but Alfredo’s behavior later on changed. He would come home late or early morning after a night out with friends. He neglected his duty and did not provide food for the family. He treated Leonora

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When can foreign divorce be recognized in the Philippines?

FACTS: On December 8, 2004, Ruby Cuevas Ng, a Filipino citizen, and Akihiro Sono, a Japanese national, contracted marriage in Quezon City. Their union bore them a child named Rieka Ng Sono.   After their marriage, the spouses moved to Japan. Unfortunately, their relationship turned sour and they later decided to obtain a divorce. Thus, on August 31, 2007, they

When can foreign divorce be recognized in the Philippines? Read More »

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