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Showing 6289–6312 of 19,260 articles for “eme”

Sheriff's Failure to Implement Writ of Execution Results in Administrative Penalty

Supreme Court holds sheriff liable for simple neglect of duty after failing to implement a writ of execution for over four years, imposing a two-month salary fine.

Defining the Duty of a Company-Designated Physician in Seafarer Disability Claims

A Supreme Court ruling clarifies how promptly a company-designated physician must assess a seafarer's fitness to work, and what happens when that duty is delayed.

Upholding Drug Convictions: Integrity of Evidence Despite Procedural Lapses in Chain of Custody

The Supreme Court affirmed a drug conviction despite lapses in the Section 21 inventory and photography requirements, because the chain of custody of the seized shabu remained unbroken.

Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability

When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.

Mistake vs Malice: When Honest Error Defeats Theft Charges in the Philippines

The Supreme Court explains when honest mistake negates criminal intent in theft cases, acquitting a man who cut trees on the wrong property.

Hypertension and Glaucoma: Protecting Employees' Rights to Compensation

When can hypertension and glaucoma be compensable? The Supreme Court clarifies the rules on employees' compensation claims.

B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges

The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Balancing Public Safety and Private Property Access Rights on Limited Access Highways

Philippine Supreme Court ruling on property owners' rights to access limited access highways like NLEX, balancing police power and private interests.

Negligence and Fair Compensation: Temperate Damages When Proof of Loss Is Lacking

When a court finds negligence but exact losses are unproven, temperate damages may be awarded. A Philippine Supreme Court case explains.

Temperate vs Nominal Damages: When Philippine Courts Award Moderate Compensation

Philippine Supreme Court clarifies when temperate damages apply instead of nominal damages, using a shipping collision case as the guide.

Breach of Trust Estafa and the Misappropriation of Funds Entrusted for Tax Remittance

When does a cashier's mishandling of funds amount to estafa? The Supreme Court clarifies the key distinction between material and juridical possession.

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

A Supreme Court ruling clarifies that treachery does not require an attack from behind—even a frontal assault can qualify as murder when it is sudden and unexpected.

When Can RTCs Rule on the Constitutionality of Administrative Regulations?

The Supreme Court clarifies the limits of judicial review, the proper venue for tax disputes, and the tax exemption of the PEZA.

When Paying a Bounced Check Before Charges Are Filed Can Mean Acquittal in BP 22 Cases

The Supreme Court explains when full payment of a dishonored check before the filing of an Information can lead to acquittal from BP 22 charges.

State Sovereignty in Land Registration: Proving Alienability and Disposability

Philippine Supreme Court clarifies that land registration requires proof of alienability and disposability, not just possession.

Death Before Final Judgment Extinguishes Criminal and Civil Liabilities

Philippine Supreme Court clarifies that an accused who dies pending appeal has both criminal and civil liabilities extinguished.

Employer Liability for Employee Negligence: Proving Diligence in Selection and Supervision

Philippine Supreme Court clarifies when employers can escape liability for employee negligence under Article 2180 of the Civil Code.

Upholding Ethical Conduct: Suspension for Dishonest Acts by Attorneys

Learn how the Supreme Court disciplines attorneys for dishonest acts, including suspension, based on recent jurisprudence.

PEZA Exempt From Local Property Taxes: Key SC Ruling Explained

The Supreme Court ruled PEZA is exempt from real property taxes as a government instrumentality. Learn the legal basis and implications.

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

Juvenile Justice Balancing Rehabilitation AND Accountability IN HOMICIDE CASES

The Supreme Court clarifies when a child in conflict with the law may still be imprisoned, even under the Juvenile Justice and Welfare Act.