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Showing 5665–5688 of 19,258 articles for “eme”

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Preventive Suspension Limits and Employer Rights in Philippine Labor Law

The Supreme Court clarifies when employers may impose successive preventive suspensions and the rules on appeal bonds in labor cases.

Citizenship Denied When Earning Less Means Less Entitlement TO Naturalization

Dishonesty as Just Cause for Dismissal: Lessons from the Smart Communications Case

When a department head approved fictitious marketing projects and fake agencies, the Supreme Court upheld dismissal for loss of trust and confidence.

Preventive Suspension for Separate Offenses: Smart Communications v. Solidum

Supreme Court clarifies that employers may impose fresh preventive suspensions for newly discovered offenses, and explains the limits of the rule.

Permanent Total Disability for Seafarers: The 120-Day Rule and POEA-SEC Entitlement

When does a seafarer's disability become permanent and total? The Supreme Court clarifies the 120-day rule and POEA-SEC compensation in Island Overseas Transport v. Beja.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights in the Philippines

Philippine Supreme Court clarifies abandonment vs illegal dismissal in labor-only contracting cases involving security guards and agency-hired workers.

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Double Jeopardy and Civil Liability When Acquittal Does Not Erase Debt

A Philippine Supreme Court ruling on double jeopardy, finality of acquittal, and civil liability in estafa cases.

Illegal Dismissal: Computing Separation Pay and Backwages Using Gross Monthly Pay

The Supreme Court clarifies how to compute separation pay and backwages for illegally dismissed employees, using gross monthly pay, inclusive of allowances and benefits.

Filing the Right Case: Why Agrarian Dispute Jurisdiction Matters

A Supreme Court ruling clarifies why cancellation of CLOAs involving non-tenants belongs to the DAR Secretary, not the DARAB.

NCIP Jurisdiction: Protecting Indigenous Rights vs. Rights of Non-Indigenous Parties

The Supreme Court clarifies when the NCIP has jurisdiction over disputes involving indigenous peoples and non-indigenous parties under IPRA.

No Illegal Dismissal, No Separation Pay: Reassessing Employee Entitlements in Philippine Labor Law

The Supreme Court clarifies when a security guard's floating status becomes constructive dismissal and how quitclaims affect employee claims.

Kidnapping With Rape: Intent Proven by Unlawful Taking of a Child

The Supreme Court affirms that taking a child without parental consent establishes intent to deprive liberty, convicting the offender of kidnapping with rape.

Procedural Lapses vs Substantial Justice: When Courts Must Look Beyond Deadlines

The Supreme Court clarifies when procedural rules bind litigants strictly and when courts may relax them in the interest of substantial justice.

Who Hears CLOA Cancellation Cases? The DAR Secretary, Not DARAB, Rules

A Supreme Court ruling clarifies that DARAB lacks jurisdiction over CLOA cancellation cases without tenurial disputes; the DAR Secretary decides.

Simple Slander Conviction Upheld: Public Accusation of Theft and Malice

The Supreme Court affirms a Simple Slander conviction for publicly accusing someone of theft, explaining the elements, malice presumption, and penalties.

Upholding Ethical Standards: An Attorney's Duty to Avoid Delaying Tactics in Legal Proceedings

The Supreme Court suspends a lawyer for three months for employing dilatory tactics, reaffirming the duty to avoid delaying legal proceedings.

Bail and Judicial Discretion: Limits in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may grant bail in capital offenses and the limits of judicial discretion in criminal cases.

Buy-Bust Operations: Convictions Upheld Despite Procedural Lapses in Drug Seizures

The Supreme Court affirms drug convictions despite procedural lapses, ruling that substantial compliance with Section 21 preserves evidence integrity.

Rescission Rights When A Compromise Agreement Fails to Protect Labor Rights in the Philippines

When can workers rescind a compromise agreement? The Supreme Court clarifies rights under Article 2041 of the Civil Code.

Mortgages on Land Reform Properties: Balancing Bank Rights and Agrarian Justice

When land reform and bank mortgages collide, who gets the just compensation? The Supreme Court settles the rule.

Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages

The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.