This case has been cited 6 times or more.
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2015-09-16 |
DEL CASTILLO, J. |
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| This Court is not unmindful of the rule that the employer has the burden of proving that the employee's termination was for a valid or authorized cause. However, before the employer is tasked to discharge this burden, it is incumbent upon the employee to prove by substantial evidence the fact that he was indeed illegally dismissed from employment.[23] Illegal dismissal must be established by positive and overt acts clearly indicative of a manifest intention to dismiss. This critical affirmative fact must be proved by the party alleging the same with substantial evidence as required by the nature of this case.[24] Mere allegation is neither proof nor evidence.[25] | |||||
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2014-09-01 |
PERALTA, J. |
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| The Court is not persuaded by the ruling of the CA which expresses doubt on the due execution of the Contract to Sell. The fact remains that the said Contract to Sell was notarized. It is settled that absent any clear and convincing proof to the contrary, a notarized document enjoys the presumption of regularity and is conclusive as to the truthfulness of its contents.[20] Neither does the Court agree that the presumption of regularity accorded to the notarized Contract to Sell was overcome by evidence to the contrary. Respondent's allegation that she signed the said Contract to Sell with several blank spaces, and which allegedly did not indicate the location of the condominium, was not supported by proof. The basic rule is that mere allegation is not evidence and is not equivalent to proof.[21] In addition, the fact that respondent made several payments prior to the execution of the subject Contract to Sell is not the kind of evidence needed to overcome such presumption of regularity. | |||||
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2014-02-18 |
ABAD, J. |
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| In Villanueva v. Philippine Daily Inquirer, Inc.,[176] despite the respondents' false reporting, this court continued to apply the actual malice doctrine that evolved from Ayer Productions. Hence:A newspaper, especially one national in reach and coverage, should be free to report on events and developments in which the public has a legitimate interest with minimum fear of being hauled to court by one group or another on criminal or civil charges for malice or damages, i.e. libel, so long as the newspaper respects and keeps within the standards of morality and civility prevailing within the general community.[177] | |||||
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2014-02-18 |
ABAD, J. |
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| A newspaper, especially one national in reach and coverage, should be free to report on events and developments in which the public has a legitimate interest with minimum fear of being hauled to court by one group or another on criminal or civil charges for malice or damages, i.e. libel, so long as the newspaper respects and keeps within the standards of morality and civility prevailing within the general community.[177] | |||||
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2012-08-23 |
DEL CASTILLO, J. |
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| Rodica's assertions that Atty. Tan orchestrated Strong's arrest and that Atty. Manuel proposed the withdrawal of the RTC case to facilitate the deportation of Strong, are mere allegations without proof and belied by the records of the case. "The basic rule is that mere allegation is not evidence, and is not equivalent to proof."[20] Aside from her bare assertions, Rodica failed to present even an iota of evidence to prove her allegations. In fact, the records belie her claims. The documents issued by the Bureau of Immigration showed that Strong was the subject of the Interpol Red Notice for being a fugitive from justice wanted for crimes allegedly committed in Brazil.[21] His warrant of arrest was issued sometime in February 2008. Significantly, even before Strong was arrested and eventually deported, Atty. Tan had already obtained a favorable judgment for his clients. | |||||
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2009-11-25 |
CHICO-NAZARIO, J. |
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| Neither is there any reason for this Court to reverse the findings of the trial court and the Court of Appeals that there was actual malice on the part of the respondents. As held by the courts a quo, Yuchengco was able to show by the attendant circumstances that respondents were animated by a desire to inflict unjustifiable harm on his reputation, as shown by the timing and frequency of the publication of the defamatory articles. The portrayal of then Chronicle Publishing Chairman Coyiuto as an underdog and his rival Yuchengco as the greedy Goliath in their battle for control over Oriental Corporation, taken with the timing of the publication of these subject articles a couple of months prior to the January stockholders' meeting of Oriental Corporation, clearly indicate that the articles constituted an orchestrated attack to undermine the reputation of Yuchengco. Furthermore, respondents were shown to have acted with reckless disregard as to the truth or falsity of the articles they published, when they were unable to rebut the categorical denial by Yuchengco of the accusations made against him, and his allegation that he was not approached by respondents for his side of the stories before the publication thereof. Respondents' failure to present evidence showing that they verified the truth of any of the subject articles is fatal to their cause. In In re: Emil P. Jurado,[37] this Court ruled that categorical denials of the truth of allegations in a publication place the burden upon the party publishing it, either of proving the truth of the imputations or of showing that the same was an honest mistake or error committed despite good efforts to arrive at the truth. There is actual malice when there is either (1) knowledge of the publication's falsity; or (2) reckless disregard of whether the contents of the publication were false or not.[38] Failure to even get the side of Yuchengco in the published articles clearly constituted reckless disregard of the truth or falsity of said articles. | |||||