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June 1, 2022

Supreme Court Decisions


What is a homestead patent?


 

A written contract along with a written certification showing availability of funds for the project are among the conditions necessary for the execution of government contracts.

However, the absence of these documents would not necessarily preclude the contractor from receiving payment for the services he or she has rendered for the government.

 

Republic vs. Heirs of Ignacio Daquer, G.R. No. 193657, September 04, 2018, [878 SCRA 638]

 

 

 

 

 


Who should give proof that the holiday pay of an employee was paid?


 

In claims for payment of salary differential, service incentive leave, holiday pay, and 13th-month pay, the burden rests on the employer to prove payment.

 

 

Minsola vs. New City Builders, G.R. No. 207613, January 31, 2018, [853 SCRA 572]

 

 

 

 

 


What constitutes right to be heard?


 

‘Ample opportunity to be heard’ means any meaningful opportunity (verbal or written) given to the employee to answer the charges against him and submit evidence in support of his defense, whether in a hearing, conference or some other fair, just and reasonable way.

 

 

Central Azucarera de Bais vs. Heirs of Zuelo Apostol, G.R. No. 215314, March 14, 2018 [859 SCRA 142]

 

 

 

 

 


What is gross negligence?


This implies a want or absence of or failure to exercise slight care or diligence or the entire absence of care.

It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.

 

 

 

Lourdes School of Quezon City vs. Garcia, G.R. No. 213128, February 07, 2018, [855 SCRA 105]

 

 

 

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