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Showing 4489–4512 of 19,256 articles for “eme”

Seafarer Rights Illegal Dismissal and the Importance of Due Process

A seafarer's dismissal requires just cause and due process. The Supreme Court explains both in this landmark ruling.

Upholding Client Trust Attorney Suspended For Neglect And Mismanagement Of Funds

A lawyer’s failure to update a client and mishandling of client funds leads to suspension, affirming strict duties under the Code of Professional Responsibility.

Dismissal Based on Uncorroborated Report Violates Due Process in Seafarer Cases

Supreme Court rules a seafarer's dismissal based on an uncorroborated captain's report violates due process and just cause requirements.

Bail and Res Judicata: Why an Interlocutory Order Does Not Bar a Second Bail Petition

The Supreme Court clarifies that res judicata does not apply to interlocutory orders like bail denials in criminal cases.

When a Seafarer Is Deemed Totally and Permanently Disabled Under the POEA-SEC

The Supreme Court explains when a seafarer is deemed totally and permanently disabled and how attorney's fees are computed in disability claims.

Admissibility of Evidence and Witness Credibility in Robbery With Homicide Cases

A look at People v. Opiniano, where the Supreme Court weighed an inadmissible confession against circumstantial evidence and witness credibility.

SEC Approval Needed to Trade Securities: SC Clarifies Probable Cause in Securities Fraud

Supreme Court clarifies when SEC approval is needed to trade securities and the limits of probable cause review in securities fraud cases.

Seafarer Disability Claims: Defining Total and Permanent Under Philippine Law

Philippine Supreme Court clarifies when a seafarer with a partial disability grade is deemed totally and permanently disabled under the POEA-SEC.

Tax Assessment Waivers Must Strictly Comply With BIR Rules or Prescription Applies

Learn how defective tax waivers fail to extend the BIR's three-year assessment period, from the Supreme Court's ruling in CIR v. Systems Technology Institute.

SEC v. Price Richardson: Probable Cause in Securities Fraud Cases

Supreme Court clarifies when courts may review prosecutors' probable cause findings in securities regulation violations.

When Court Orders Are Ignored: Indirect Contempt in Intra-Corporate Disputes

The Supreme Court explains when defiance of court orders becomes indirect contempt, using a school board dispute as a cautionary example.

Upholding Notarial Duties: Consequences for Negligence in Document Notarization

A notary's failure to verify documents and record notarizations leads to commission revocation and disqualification in this Philippine Supreme Court ruling.

Upholding Agrarian Reform Security of Tenure Prevails Despite Land Reclassification

Supreme Court rules tenants' rights survive land reclassification, affirming DARAB jurisdiction over agrarian disputes despite zoning changes.

Just Compensation in Expropriation: Timing and Evidence Standards

Philippine Supreme Court clarifies when just compensation is reckoned and why courts cannot rely on arbitrary or stale comparable sales.

Ponzi Schemes and the Law: Convicting Syndicated Estafa in Investment Fraud

How the Supreme Court convicted a Multitel officer of syndicated estafa for a Ponzi scheme, and what investors should know.

Just Compensation in Expropriation: Timing and Evidence Under Philippine Law

Philippine Supreme Court clarifies when just compensation is reckoned and what evidence trial courts must consider in expropriation cases.

Upholding Court Authority: The Limits of Defiance in Intra-Corporate Disputes

When can a party defy a court order in an intra-corporate dispute? The Supreme Court clarifies the limits of defiance and the consequences of disobedience.

Defense of a Stranger: How Courts Assess Reasonableness in Repelling Aggression

The Supreme Court clarifies how to assess reasonable means in defense of a stranger, acquitting an accused who stabbed an aggressor twice.

Chain of Custody: Safeguarding Drug Evidence Integrity in Philippine Law

In People v. Segundo, the Supreme Court acquitted a drug suspect because police broke the chain of custody over a sachet of shabu.

Preventive Suspension by the Ombudsman: The Purisima Case and Due Process

The Supreme Court clarifies the Ombudsman's power to preventively suspend officials and the limits of due process in administrative cases.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Judicial Conduct: Moral Integrity and Public Trust in the Judiciary

A Supreme Court ruling on dismissing a judge for immorality and gross misconduct, reaffirming that judges must uphold moral integrity.

Just Compensation Under CARP: Valuing Land at the Time of Taking

The Supreme Court clarifies that just compensation for CARP-acquired land is valued at the time of taking, guided by Section 17 factors and DAR formulas.

Judicial Conduct: Moral Standards and Accountability in the Philippine Judiciary

The Supreme Court dismisses a judge for immorality and gross misconduct, reaffirming that judges must uphold the highest moral standards.