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June 1, 2022

Supreme Court Decisions


What is the effect if an employee was dismissed from employment pursuant to a retirement provision that was not made known to him?


 

With the employee having been thus dismissed pursuant to the retirement provision that he had not knowingly and voluntarily agreed to, Philippine Veterans Bank was guilty of illegal dismissal as to him.

 

 

Laya, Jr., vs Philippine Veterans Bank, G.R. No. 205813, January 10, 2018, [850 SCRA 315]

 

 

 

 

 


When may a person be liable for damages under the abuse of rights principle?


 

The following requisites must concur:

(a) the existence of a legal right or duty

(b) which is exercised in bad faith

(c) for the sole intent of prejudicing or injuring another

 

 

Van De Brug vs. Philippine National Bank, G.R. No. 207004, June 06, 2018, [864 SCRA 487]

 

 

 

 

 

 


When can you say that there is an abuse of right?


 

There is an abuse of right when it is exercised only for the purpose of prejudicing or injuring another.

 

 

 

 

Van De Brug vs. Philippine National Bank, G.R. No. 207004, June 06, 2018, [864 SCRA 487]

 

 

 

 


Where should a buyer file a case if he wants to compel a developer to conform with the terms of the contract it executed?


 

When a buyer wants to compel a developer to conform with the terms of the contract it executed, he should file a case before the Housing and Land Use and Regulatory Board (HLURB).

 

 

 

Amoguis vs. Ballado, G.R. No. 189626, August 20, 2018 [878 SCRA 1]

 

 

 

 

 

 

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