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June 1, 2022

Supreme Court Decisions



What is the effect if the marriage tie is severed?


 

When the marriage tie is severed and ceased to exist, the civil status and the domestic relation of the former spouses change as both of them are freed from the marital bond.

 

 

 

Republic vs. Manalo, G.R. No. 221029, April 24, 2018, [862 SCRA 580]

 

 

 

 


What is the effect of failure to advertise a mortgage foreclosure sale?


 

Failure to advertise a mortgage foreclosure sale in compliance with the statutory requirements constitutes a jurisdictional defect, which invalidates the sale.

 

 

 

Security Bank Corporation vs. Mercado, G.R. No. 192934, June 27, 2018, [868 SCRA 323]

 

 

 


Give an instance where a contractor may be declared as a labor-only contractor


 

In most cases, despite proof of substantial capital, the Supreme Court declared a contractor as a labor-only contractor whenever it is established that the principal—not the alleged legitimate contractor—actually controls the manner of the employees’ work.

 

 

Mago vs. Sun Power Manufacturing Limited, G.R. No. 210961, January 24, 2018, [853 SCRA 1]

 

 

 


When can a dismissed employee recover moral damages?


 

Moral damages are recoverable when the dismissal of an employee is attended by bad faith or fraud or constitutes an act oppressive to labor, or is done in a manner contrary to good morals, good customs or public policy.

 

 

Torreda vs. Investment and Capital Corporation of the Philippines, G.R. No. 229881, September 05, 2018, [879 SCRA 588]

 

 

 

 

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