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Showing 3625–3648 of 19,256 articles for “eme”

Seafarer Disability Claims: Proving Work-Related Injury in Maritime Cases

Philippine Supreme Court clarifies when a seafarer's injury is work-related and compensable, and why bare allegations fail.

Just Compensation in Expropriation: Zonal Value Is Not the Sole Basis

The Supreme Court affirms that BIR zonal value is only one factor in determining just compensation for expropriated property.

Piece-Rate Workers Are Regular Employees Entitled to Security of Tenure

Philippine Supreme Court clarifies that piece-rate payment does not negate regular employment, and abandonment requires proof of intent.

Rectifying Dispositive Errors Ensuring Restitution IN Legal Malpractice Cases

The Supreme Court clarifies when insurers may rescind for concealment versus false representation, and the evidentiary standards for fraud.

When Doubt Prevails in Rape Cases: The Importance of Credible Testimony and Prompt Reporting

The Supreme Court acquits a rape accused, stressing that doubtful testimony and unexplained delay in reporting can defeat the prosecution's case.

Seafarer Disability Claims: When the Company Doctor's "Fit to Work" Ruling Fails

Philippine Supreme Court clarifies when a seafarer gets total permanent disability benefits despite a company doctor's fit-to-work certification.

Dropping from the Rolls for AWOL: A Court Employee's Duty of Accountability

The Supreme Court explains when a government employee may be dropped from the rolls for absence without official leave (AWOL) under the 2017 RACCS.

Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect

A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.

Insurance Rescission: Proving Fraudulent Intent in False Representations

Philippine Supreme Court clarifies when insurers may rescind policies for false representations versus concealment, requiring clear proof of fraudulent intent.

Safeguarding Rights Chain OF Custody AND Drug Case Acquittals IN THE Philippines

Why the Supreme Court acquitted a drug suspect when police failed to follow Section 21's witness requirements during inventory.

Insurance Rescission: Proving Fraud in False Representations vs Concealment

Philippine Supreme Court clarifies when insurers can rescind for concealment versus false representations, and what evidence proves fraud.

Lodging Liability When Hotel Owners Promote Human Trafficking

Philippine Supreme Court ruling on hotel owner liability for promoting trafficking under RA 9208, based on circumstantial evidence.

Seafarer Disability Claim Denied: When a Gym Injury Is Not Work-Related

Supreme Court denies seafarer's disability claim for a gym injury, explaining why work-relatedness is essential under POEA rules.

Just Compensation in Expropriation: Why Zonal Value Is Not the Sole Basis

The Supreme Court clarifies that BIR zonal valuation is only one factor in determining just compensation in expropriation cases, not the sole measure.

CLOA Cancellation and Indefeasibility of Titles in Agrarian Reform Cases

When can a Certificate of Land Ownership Award be cancelled? The Supreme Court clarifies the limits of DAR jurisdiction and the indefeasibility of agrarian titles.

Due Process in Tax Assessments: When the BIR's Failure to Consider a Taxpayer's Protest Invalidates Assessment

The Supreme Court clarifies that the BIR's failure to consider a taxpayer's protest and evidence violates due process, rendering tax assessments null and void.

Faulty Identification When Police Suggestion Undermines Justice In Carnapping Cases

Supreme Court overturns carnapping convictions where police show-up was tainted by improper suggestion, applying the totality of circumstances test.

Upholding the Chain of Custody: Ensuring Integrity in Drug Cases

The Supreme Court affirms a drug conviction, explaining how strict compliance with the chain of custody rule preserves the integrity of seized evidence.

Chain of Custody in Drug Cases: Why Evidence Integrity Decides Convictions

The Supreme Court explains how strict compliance with the chain of custody rule under RA 9165 preserves drug evidence integrity and sustains convictions.

Exclusionary Rule and Chain of Custody in Drug Cases: A Primer

The Supreme Court acquits three accused in a drug case for the prosecution's failure to justify the absence of required witnesses during inventory, reaffirming the chain of custody rule.

Chain of Custody and Illegal Drugs: Safeguarding Rights and Ensuring Justice

The Supreme Court acquits three accused in a drug case because police failed to justify the absence of required witnesses during inventory, underscoring the strict chain of custody rule.

Ejectment vs. Expropriation: When a Supervening Event Does Not Stop Execution

The Supreme Court clarifies when a pending expropriation case can suspend execution of an ejectment judgment, and when it cannot.

When an Appropriation Ordinance Is Enough: Mayor's Consultancy Contracts Upheld

Supreme Court clarifies when a line-item in an appropriation ordinance suffices as prior authorization for a mayor's contracts.

Due Process in Administrative Cases: The Right to a Fair Hearing and Protection Against Gross Neglect of Duty

A mayor's dismissal for grave misconduct was reversed by the Supreme Court, which clarified the rule on prior authorization for local contracts.