Author name: Juliana Sales

In this case, a trial court motu proprio (on its own initiative) dismissed a petition for the probate of a will because the decedent allegedly resided in a different city at the time of death. The petitioner challenged the dismissal, arguing that venue is procedural and waivable. The Supreme Court ruled that improper venue is not jurisdictional, and a court cannot dismiss a case on this ground unless an interested party seasonably raises an objection.

In this case, an individual was arrested, detained for two years for non-bailable offenses, and later acquitted after the prosecution failed to identify him. Following his release, he filed a claim for state compensation under R.A. No. 7309, arguing that he was mistakenly identified and unjustly accused. However, the Court strictly applied the verba legis rule, clarifying that the essential element of a prior conviction was lacking.

Medical malpractice is a particular form of negligence that consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances.

An employee’s omission of past employment in a job application does not automatically constitute just cause for dismissal, particularly when the omission does not involve an overt act of dishonesty.

The Supreme Court discussed that constructive dismissal or constructive discharge exists “‘when continued employment is rendered impossible, unreasonable or unlikely as the offer of employment involves a demotion in rank or diminution in pay.”

An employee repeatedly and continuously hired for the same work under short-term contracts for at least one year is considered a regular employee of the principal.