No business can survive without sufficient funds, as every action done in its operations generally has corresponding costs attached to it. When it comes to finances, however, one of the most common challenges faced by many businesses is the difficulty of collecting from their debtors the amounts owed to them. So, how is debt collection being carried out?
In cases where the insured’s car is wrongfully taken without consent from a service or repair shop—such as for a joyride during which it is destroyed in an accident—the insurer is still liable to pay for the total loss of the vehicle under the theft clause of the policy.
Under the four-fold test, to establish an employer-employee relationship, four factors must be proven: (a) the employer’s selection and engagement of the employee; (b) the payment of wages; (c) the power to dismiss; and (d) the power to control the employee’s conduct. When the control test is insufficient, the economic realities of the employment are considered to get a comprehensive assessment of the true classification of the worker. (Ditiangkin v. Lazada E-services, G.R. No. 246892, September 21, 2022)
A Special Power of Attorney (SPA) is automatically extinguished upon the death of the principal, rendering any subsequent acts by the agent void, unless the SPA was constituted in the common interest of the principal and agent, or a third party who accepted the stipulation in his favor.
According to the case of ELPIDIO QUE VS. PHILIPPINE HEART CENTER, G.R. No. 268308, April 02, 2025, a medical professional has the duty to observe the standard of care and exercise the degree of skill, knowledge, and training ordinarily expected of other similarly trained medical professionals acting under the same circumstances. A breach of the accepted standard of care constitutes negligence or malpractice and renders the defendant liable for the resulting injury to his patient.
A written donation or formal act is necessary for the transfer of ownership of open spaces and road lots in subdivisions, and the local government cannot simply rely on ordinances or laws alone to assume ownership of the property.
Appeal means the elevation by an aggrieved party of any decision or award of a lower body to a higher body by means of a pleading which includes the assignment of errors, arguments in support thereof, and the relief prayed for. (Aba v. NLRC, G.R. No. 122627, July 28, 1999)
In Cadungog v. Jung, the Supreme Court affirmed that the Human Settlements Adjudication Commission (HSAC) has exclusive jurisdiction over contractual and legal disputes between buyers and developers of real estate projects. The Court also clarified that this jurisdiction evolved through a series of legal reforms, including the transfer of regulatory functions from the National Housing Authority to the Housing and Land Use Regulatory Board, and ultimately to the HSAC under Republic Act No. 11201.
Section 30 of the Revised Corporation Code provides that directors or trustees who willfully and knowingly vote for or assent to patently unlawful acts of the corporation or who are guilty of gross negligence or bad faith in directing the affairs of the corporation or acquire any personal or pecuniary interest in conflict with their duty as such directors or trustees shall be liable jointly and severally for all damages resulting therefrom suffered by the corporation, its stockholders or members and other persons.
The “fresh period rule” was promulgated to standardize the appeal period provided in the Rules and do away with the confusion as to when the 15-day appeal period should be counted.
