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Showing 4393–4416 of 19,256 articles for “eme”

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights

Philippine Supreme Court clarifies when a security guard who abandons his post may be validly dismissed versus illegally terminated.

Protecting Contractors: Quantum Meruit and COA Disallowances in Government Projects

Supreme Court clarifies when contractors may recover from void government contracts under quantum meruit, and the limits of COA's audit powers.

Contractual Waivers and Delayed Claims: Quality Disputes in Construction Agreements

Examine how the Supreme Court enforced a contractual waiver clause in a construction dispute, barring a delayed quality claim.

Neglect of Duty in Court Clerks' Responsibility for Safekeeping Exhibits

Court clerks must safely keep exhibits in custodia legis. Learn from a Supreme Court ruling on simple neglect of duty for lost firearms.

Clerk of Court Liable for Simple Neglect of Duty Over Lost Firearm Exhibits

The Supreme Court holds a clerk of court guilty of simple neglect for losing firearm exhibits kept beyond case termination, explaining duties under Rule 136.

Conditional Settlement Protecting Seafarers Rights In Maritime Death Benefit Claims

Supreme Court rules a one-sided conditional settlement of a seafarer's death benefit claim cannot erase the employer's liability.

Self-Defense Under Scrutiny: Establishing Unlawful Aggression in Homicide Cases

The Supreme Court clarifies when self-defense fails in homicide cases, emphasizing unlawful aggression and reasonable necessity of force.

Dismissal Due to Technicality: Navigating Procedural Requirements in Labor Disputes

The Supreme Court affirms that strict compliance with procedural rules, like attaching certified true copies and stating material dates, is essential in certiorari petitions.

Procedural Rigidity vs Substantive Justice: Certiorari Petitions in Labor Disputes

The Supreme Court clarifies when strict procedural rules in certiorari petitions outweigh substantive justice in labor cases.

VAT Refund Claims: Why the 120-Day Rule Is Jurisdictional and Deadlines Matter

Learn how the Supreme Court's ruling in Aichi Forging clarifies the mandatory 120-day VAT refund waiting period and its impact on taxpayers.

Seafarers Disability Claims: Timely Assessment and the Right to Compensation

The Supreme Court clarifies when a seafarer's disability becomes permanent and total if the company doctor fails to issue a timely assessment.

Maritime Accidents and Shared Fault: When Contributory Negligence Affects Damage Claims

A Supreme Court ruling on maritime allision shows how contributory negligence can reduce damages even when another vessel caused the accident.

Apparent Authority: When a Corporation Is Bound by Its Agent's Actions

The Supreme Court explains when a corporation is estopped from denying its agent's apparent authority, binding it to contracts with innocent third parties.

Immutability of Judgments: When Final Decisions Can Be Altered

Philippine Supreme Court explains the doctrine of immutability of judgments and its narrow exceptions, using a damages case as illustration.

Warrantless Arrest for Illegal Firearm Possession: Rights and Public Safety

The Supreme Court upholds a warrantless arrest for illegal firearm possession, clarifying the balance between constitutional rights and public safety.

Corporate Inspection Rights: When Stockholder Disputes Become Intra-Corporate

Supreme Court clarifies when stockholder inspection disputes are intra-corporate controversies and how corporations may validly deny access to records.

Striking a Balance: Upholding Agrarian Justice Without Sacrificing Procedural Rules

The Supreme Court reminds appellate courts that minor procedural lapses should not defeat the right to appeal, especially in agrarian cases involving social justice.

Withholding Tax Obligations: When Final Withholding Tax Becomes Due

Learn when final withholding tax obligations arise under Philippine tax law, based on a Supreme Court ruling on interest payments.

Due Process Rights and Fair Notice in Administrative Cases: The Iglesias Ruling

The Supreme Court clarifies that administrative due process requires fair notice of charges, but valid original allegations can still support dismissal.

Apparent Authority and Estoppel: When a Corporation Is Bound by Its Officer's Acts

The Supreme Court explains when a corporation is estopped from denying an officer's apparent authority to bind it to contracts with innocent third parties.

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.

Taxing Power vs National Electrification: LGU Levy on Electric Cooperatives

Supreme Court rules LGUs may levy electric cooperative properties for unpaid real property taxes despite EPIRA restrictions.

False Statements on Personal Data Sheets Lead to Judge's Dismissal for Dishonesty

The Supreme Court dismissed a judge for lying on her Personal Data Sheets, ruling that dishonesty has no place in the judiciary.

Kidnapping for Ransom Conviction Upheld: Safe House Caretaker Liable as Co-Principal

Philippine Supreme Court rules on kidnapping for ransom, conspiracy, and multiple counts when several victims are abducted in one information.