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Showing 5233–5256 of 19,258 articles for “eme”

Maritime Law Shipowner Liability and Seafarers Death Benefits: Insurance and Solidary Obligations Explained

The Supreme Court clarifies shipowner liability, POEA-SEC death benefits, insurance proceeds, and solidary obligations in Phil-Nippon Kyoei v. Gudelosao.

Appeal Dismissed Understanding Questions OF LAW VS Questions OF Fact IN Summary Judgments

The Supreme Court clarifies the distinction between questions of law and fact in appeals from summary judgments, and the proper remedy.

Confessions and Circumstantial Evidence Upholding Convictions in Robbery With Homicide Cases

Supreme Court explains when a confession to a reporter is admissible and how circumstantial evidence can prove robbery with homicide.

Chain of Custody Safeguarding Rights in Drug Cases

The Supreme Court acquits a drug suspect due to broken chain of custody and non-compliance with Section 21, RA 9165.

Independent Contractor vs Employee: The Right of Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the right of control test distinguishing independent contractors from employees in Valeroso v. Skycable.

Rape Conviction Affirmed: Victim Credibility and Delayed Reporting in Philippine Law

Supreme Court affirms rape conviction, ruling that a victim's credible testimony outweighs claims of improbability and delayed reporting.

Probable Cause and Illegal Detention: Effect of a Subsequent Conviction

The Supreme Court ruled that a conviction for serious illegal detention moots any challenge to the finding of probable cause and the arrest warrant.

Good Faith in Collective Bargaining: Philippine Rule on Fair Labor Practices

Philippine Supreme Court clarifies good faith bargaining duties, unfair labor practice, and when strikes are justified in CBA negotiations.

Court Clerk Dismissed for Bypassing Raffle of Judicial Notices and Taking Loans

Supreme Court dismisses court clerk for grave misconduct: bypassing the raffle of judicial notices and borrowing money from newspaper publishers.

Lawyer Suspended for Breach of Trust: Neglecting Client's Case and Withholding Funds

Philippine Supreme Court suspends lawyer for three years for failing to file a client's case and refusing to return P65,000 in entrusted funds.

Upholding Client Trust: Attorney Suspended for Misappropriating Funds and Neglecting Legal Duty

Philippine Supreme Court suspends lawyer for three years for failing to file a client's case and refusing to return P65,000 in entrusted funds.

Attorney Suspended Three Years for Misappropriating Client Funds

Supreme Court suspends lawyer for three years for failing to file a case and refusing to return client's P65,000, reinforcing trust obligations.

Identity Theft in the Legal Profession: Striking a Fraudulent Attorney From the Roll

A man used his brother's identity to pass the Bar. The Supreme Court struck the name from the Roll and barred him forever.

Exhaustion of Administrative Remedies: When Courts Can Intervene

The Supreme Court explains when failure to exhaust administrative remedies is fatal to a court case, using the Mohammad v. Belgado-Saqueton ruling.

Diminution of Benefits: Government Employees and Contractual Bonuses Clarified

Supreme Court clarifies when government employees may keep contractual bonuses like the 14th month pay, and the limits of non-diminution.

Bail and Humanitarian Considerations: Balancing Constitutional Rights and Individual Circumstances

The Supreme Court affirms that bail may be granted on humanitarian grounds, weighing an accused's health and flight risk against constitutional rights.

Just Cause vs. Due Process: When a Valid Dismissal Still Costs the Employer

A valid dismissal for just cause does not erase the employer's duty to observe procedural due process. The Supreme Court explains the two-notice rule and nominal damages.

Exemplary Damages Require Underlying Compensatory Awards: Spouses Timado v. Rural Bank of San Jose

Supreme Court clarifies that exemplary damages cannot stand alone—they require an underlying award of compensatory damages.

Loss of Confidence as a Dismissal Ground: When Employers Cannot Claim It

The Supreme Court clarifies that loss of confidence cannot be a simulated or afterthought ground for dismissing a managerial employee.

Due Process in Employment Termination: Balancing Cause and Procedure

The Supreme Court clarifies that dismissals with just cause remain valid even without procedural due process, but employers must pay nominal damages.

Land Retention Rights and Good Faith in Agricultural Land Sales: Key Lessons

The Supreme Court clarifies when a buyer of tenanted rice or corn land can claim retention rights under PD 27 and agrarian reform laws.

Interbank Call Loans and Documentary Stamp Tax: Clarifying Taxable Instruments in the Philippines

Supreme Court clarifies that interbank call loans are not subject to documentary stamp tax under the NIRC.

Loss of Confidence as a Ground for Dismissal: When Employers Cannot Use It as a Subterfuge

The Supreme Court clarifies that loss of confidence cannot be simulated or used as a subterfuge to justify an illegal dismissal.

Wrong Appeal Mode in Agrarian Cases: When Procedural Lapses Prove Fatal

The Supreme Court clarifies that appeals from agrarian courts must use Rule 42 petitions, not ordinary appeals, or the decision becomes final.