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Showing 4561–4584 of 19,256 articles for “eme”

Piercing the Corporate Veil: Director Liability in Investment Fraud Cases

When can directors be personally liable for corporate fraud? The Supreme Court's ruling in Virata v. Ng Wee provides clear guidance.

Telegraphic Transfers and Bank Liability: Understanding the Limits of Negligence

The Supreme Court clarifies when a bank's duty ends in telegraphic transfers and why courts cannot rule on unpleaded negligence claims.

Builders in Good Faith and Landowner's Options Under Article 448: Espinoza v. Mayandoc

When a house is built on another's land in good faith, the landowner must choose between paying indemnity or selling the land. The Supreme Court explains the rule in Espinoza v. Mayandoc.

Grave Abuse of Discretion: When a Trial Court's Error Warrants Certiorari

The Supreme Court clarifies when a trial court's procedural error amounts to grave abuse of discretion, making certiorari the proper remedy.

Co-Ownership and Land Registration: Who Keeps the Owner’s Duplicate Title?

A Supreme Court ruling clarifies when a buyer of an undivided co-owned land must surrender the owner’s duplicate certificate of title to the co-owners.

Procedural Due Process in Administrative Cases: When a Show Cause Memorandum Suffices

The Supreme Court clarifies when a show cause memorandum satisfies procedural due process in administrative disciplinary proceedings against government employees.

Upholding Land Ownership After Fraudulent Free Patents and the Right to Reclaim Property

A Supreme Court ruling explains when builders on land they do not own are presumed in good faith, and why the landowner must choose between buying the house or selling the land.

Good Faith Prevails in Land Disputes: Builders' Rights Under Philippine Law

Philippine Supreme Court clarifies when a builder on another's land is in good faith and entitled to reimbursement under Articles 448 and 546.

When Courts Overstep: The Limits of Relief in Telegraphic Transfer Disputes

Philippine Supreme Court clarifies that courts cannot award damages on issues never raised in pleadings, reinforcing due process in bank disputes.

Constructive Dismissal: Proving Unbearable Working Conditions in Philippine Labor Law

When do employer actions become constructive dismissal? The Supreme Court clarifies the test in Borja v. Miñoza.

Intellectual Disability and Witness Credibility in Philippine Rape Cases

The Supreme Court affirms that intellectual disability alone does not disqualify a rape victim from testifying, provided her account is coherent and consistent.

Protecting Children: Identifying and Punishing Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when child sexual abuse falls under Section 5(b) rather than Section 10(a) of R.A. 7610, and the proper penalties.

Chain of Custody in Drug Sale Cases: Lessons from Belmonte v. People

The Supreme Court upholds a drug sale conviction, clarifying that minor deviations from Section 21's chain of custody rules are not fatal when integrity is preserved.

Protecting Children: Credibility of Testimony in Lasciviousness Cases

The Supreme Court affirms that a child victim's credible testimony alone can convict in lasciviousness cases, and clarifies penalties under RA 7610.

Attorney Suspended for Neglect of Clients: A Lesson in Diligence

The Supreme Court suspended a lawyer for six months for neglecting clients' ejectment case, violating Canon 18 of the CPR.

Deceptive Recruitment: The High Cost of False Promises in Overseas Employment

The Supreme Court affirms life imprisonment for illegal recruitment in large scale and estafa, underscoring the severe penalties for fake overseas job promises.

Separation Pay Without Dismissal: Claudia's Kitchen v. Tanguin

When can separation pay be awarded? The Supreme Court clarifies that no dismissal means no separation pay, even with strained relations.

Premature Filing of VAT Refund Claims: Strict Adherence to the 120-Day Rule

Philippine Supreme Court clarifies the mandatory 120-day period for VAT refund claims and the consequences of premature filing.

Supreme Court Affirms Negligence Ruling in Vehicle Collision Insurance Subrogation Case

Supreme Court affirms CA ruling holding driver negligent in highway collision, upholding insurer's subrogation claim for vehicle repair costs.

Seafarer Basketball Injury Held Work-Related Under Bunkhouse Rule

Supreme Court rules seafarer's basketball injury on board is work-related under the Bunkhouse Rule and Personal Comfort Doctrine.

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

When Is a Seafarer Entitled to Total Disability Benefits: A Guide to Maritime Claims

Learn when a seafarer may claim permanent total disability benefits under the POEA contract, based on a 2017 Supreme Court ruling.

When a Late Disability Assessment Makes a Seafarer's Injury Total and Permanent

A company physician's Grade 8 assessment issued on day 163 was too late—the Supreme Court explains the 120-day rule for seafarers.

Piercing the Corporate Veil: Employer Liability for SSS Contributions Despite Officers' Acquittal

A corporation cannot escape SSS contribution liability merely because its officers were acquitted in the criminal case. The Supreme Court explains why.