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Showing 4993–5016 of 19,257 articles for “eme”

When Are Corporate Directors Liable for Illegal LPG Trading Under BP 33?

Supreme Court clarifies when corporate directors may be prosecuted for illegal LPG trading and underfilling under BP 33, as amended.

Finality of Judgment vs Probable Cause: Balancing Justice in Trademark Infringement Cases

The Supreme Court clarifies that a final judgment quashing search warrants binds courts, but probable cause for prosecution may still stand.

Marcos Burial at Libingan ng mga Bayani: When Presidential Discretion Meets Legal Limits

The Supreme Court upheld President Duterte's decision to bury Ferdinand Marcos at the Libingan ng mga Bayani, ruling the act was a political question within executive discretion.

When a Lawyer Buys a Client's Property: The Business Deal Exception

The Supreme Court clarifies when a lawyer's purchase of a client's property is a valid business deal, not a breach of professional ethics.

When Can a Sale Be Rescinded: Abuse of Rights in Business Contracts

Supreme Court ruling on how a manufacturer's unfair competition against its own distributor can give rise to damages under the Civil Code.

The Weight of Testimony: Conviction on Credible Witness Accounts in Rape Cases

How the Supreme Court affirmed a rape conviction based on the victim's credible testimony, rejecting alibi and denial defenses.

MTC Authority to Issue Search Warrants: People v. Castillo Explained

The Supreme Court clarifies that MTCs can issue search warrants even for offenses beyond their jurisdiction, under Rule 126.

Breach of Trust in the Workplace: When Approving Authority Implies Culpability

The Supreme Court clarifies when a lawyer's purchase of a client's property violates ethical rules, distinguishing business deals from fiduciary breaches.

Search Warrant Validity: MTC Authority and Jurisdictional Boundaries

Supreme Court clarifies that a Municipal Trial Court may issue a search warrant even for offenses outside its trial jurisdiction, within the same judicial region.

Insubordination vs Due Process: Employee Rights in the Philippines

The Supreme Court clarifies when a lawyer may buy a client's property without violating ethics, and what this means for employee rights.

Project vs Regular Employment: Defining Worker Rights in the Philippines

The Supreme Court clarifies when construction workers are regular employees, not project-based, and the employer's burden of proof.

Due Process in Club Membership Suspensions: The Ching v. QCSC Ruling

When can a club suspend a member without a hearing? The Supreme Court clarifies due process rules in Ching v. Quezon City Sports Club.

Rape of Persons with Intellectual Disability: Consent and Criminal Liability in the Philippines

The Supreme Court clarifies that sexual intercourse with a person with intellectual disability constitutes rape, as they cannot give valid consent.

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

When a "Retainership" Is Really Employment: The Control Test and Security of Tenure

Philippine Supreme Court clarifies when a retainership agreement masks an employer-employee relationship, applying the control test to protect security of tenure.

Breach of Trust in Employment: Upholding Employee Rights Against Unsubstantiated Claims

Employers cannot dismiss on loss of trust without proof. Learn the legal requisites from a 2016 Supreme Court ruling.

Loss of Trust and Confidence as Ground for Dismissal: What Employers Must Prove

Philippine Supreme Court clarifies when loss of trust and confidence justifies employee dismissal, requiring willful breach proven by substantial evidence.

Union Officers Dismissed for Instigating Work Slowdown: What Labor Law Says

The Supreme Court upheld the dismissal of union officers who instigated a work slowdown. Learn the legal rules on illegal concerted activities and due process.

Conflict of Interest: When Prior Judicial Roles Limit Future Legal Practice

Philippine Supreme Court clarifies when a lawyer's prior judicial role creates a disqualifying conflict of interest in later practice.

Chain of Custody in Drug Cases: Why Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody, explaining the strict rules police must follow under RA 9165.

Upholding Chain of Custody in Drug Cases: Ensuring Integrity of Evidence

The Supreme Court acquits a drug suspect due to broken chain of custody, emphasizing strict compliance with RA 9165 procedures.

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Custody Protocols

When police break drug custody rules, the accused may walk free. The Supreme Court explains why procedure protects everyone.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Judicial Ethics: When a Judge's Private Conduct Costs the Bench

A judge's affair with a litigant led to dismissal. The Supreme Court clarifies judicial ethics standards for Philippine magistrates.