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June 1, 2022

Supreme Court Decisions


Can a person dealing with registered land safely rely on the correctness of its title?


 

It is settled that every person dealing with registered land may safely rely on the correctness of the certificate of title issued and the law will in no way oblige him to go beyond the certificate to determine the condition of the property.

 

Heirs of Macalalad vs. Rural Bank of Pola, G.R. No. 200899, June 20, 2018, [867 SCRA 150]

 

 

 

 


Give an instance where an employee dismissed for any of the just causes under Article 297 is entitled to a separation pay.


 

Generally, an employee dismissed for any of the just causes under Article 297 is not entitled to separation pay. By way of exception, the Court has allowed the grant of separation pay based on equity and as a measure of social justice, as long as the dismissal was for causes other than serious conduct or those manifesting moral depravity.

 

Cabañas vs. Abelardo G. Luzano, G.R. No. 225803, July 02, 2018 , [869 SCRA 313]

 

 

 

 


Give an example where there is severance of employment.


 

In employment parlance, the turnover of work by an employee signifies severance of employment.

 

Cabañas vs. Abelardo G. Luzano, G.R. No. 225803, July 02, 2018 , [869 SCRA 313]

 

 

 

 

 

 


What is the effect if an employee in the private sector did not expressly agree to an early retirement?


 

An employee in the private sector who did not expressly agree to an early retirement cannot be retired from the service before he reaches the age of 65 years. Acceptance by the employee of an early retirement age option must be explicit, voluntary, free and uncompelled.

 

Manila Hotel Corporation vs. De Leon, G.R. No. 219774, July 23, 2018, [872 SCRA 504]

 

 

 

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