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Showing 6649–6672 of 19,261 articles for “eme”

Security of Tenure vs Employer Prerogative: Lessons from Philippine Spring Water v. Mahilum

A look at how the Supreme Court balanced security of tenure against employer prerogative in a dismissal dispute involving a probationary executive.

Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation

The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.

Chain of Custody in Drug Cases: When Police Lapses Do Not Mean Acquittal

The Supreme Court explains when lapses in Section 21 procedures still allow conviction, so long as the drug's integrity is preserved.

Accountability for False Statements: Attorney Suspended for Misleading Forum Shopping Certifications

A lawyer's false certifications against forum shopping and notarial malpractice lead to one-year suspension and permanent disqualification from notarial commission.

Upholding Ethical Standards: Disbarment for Misconduct and Exorbitant Fees in Legal Practice

Supreme Court suspends lawyer for two years for demanding exorbitant fees to "expedite" a case already dismissed, plus issuing bouncing checks.

Sheriffs Must Disclose Conflicts of Interest and File Timely Returns on Writs of Execution

The Supreme Court ruled that sheriffs must disclose family ties to parties and file periodic reports on writs of execution, or face administrative liability.

Government Agencies Can Appeal CSC Decisions Modifying Penalties in Administrative Cases

The Supreme Court clarifies that disciplining authorities may appeal Civil Service Commission decisions that modify or reverse their original rulings.

The Certification Against Forum Shopping: When a Lawyer's False Oath Leads to Suspension

A Supreme Court ruling on a lawyer's false certifications against forum shopping and notarial malpractice, and the penalties imposed.

Upholding Ethical Standards Disbarment FOR Attorney Misconduct AND Deceit

Supreme Court clarifies when disciplinary authorities may appeal CSC decisions modifying penalties in administrative cases.

Regularization vs Illegal Dismissal: What Employees Must Prove in Philippine Labor Law

Supreme Court clarifies that being a regular employee does not automatically mean illegal dismissal occurred; the fact of dismissal must still be proven.

Agrarian Dispute vs Forcible Entry: When Land Is Agricultural But No Tenancy Exists

Not every case involving agricultural land is an agrarian dispute. Tenancy must exist for DARAB jurisdiction. Learn from this Supreme Court ruling.

Corporate Veil and Inheritance: When Heirs Can Claim Rights to Corporate Assets

Philippine Supreme Court ruling on when heirs may pursue claims over corporate assets in estate partition cases.

Parental Authority and Rape: Proving Guilt Beyond Reasonable Doubt

A father convicted of raping his 13-year-old daughter. The Supreme Court explains why denial, alibi, and a retraction letter failed to overcome credible testimony.

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

When Tolerated Use Ends: Establishing Ownership Rights Over School Property

Supreme Court ruling on tolerated possession, laches, and ownership rights when government uses private land for schools.

Exclusive Ownership vs Successional Rights: Clarifying Property Claims in Inheritance Disputes

Philippine Supreme Court clarifies when heirs acquire rights to property and how titles describe ownership in inheritance disputes.

Defense of Insanity Requires Clear and Convincing Evidence in Criminal Cases

Philippine Supreme Court clarifies the strict evidentiary standard for the insanity defense, requiring proof of complete deprivation of intelligence at the time of the crime.

Land Conversion and Agrarian Reform: Prior Zoning Ordinances Prevail

Supreme Court rules lands reclassified as non-agricultural before the CARL's effectivity are exempt from agrarian reform coverage.

Proving Land Is Alienable and Disposable for Registration in the Philippines

Philippine Supreme Court clarifies the two documents required to prove land is alienable and disposable for original registration.

Illegal Recruitment and Estafa: Protecting OFWs From Unlicensed Recruiters

A Supreme Court ruling clarifies when unlicensed recruiters face life imprisonment and estafa penalties for defrauding overseas job seekers.

Seafarers' Rights: Implied Contract Extension and Disability Benefits

Philippine Supreme Court ruling on implied contract extension for seafarers and entitlement to permanent total disability benefits under POEA-SEC.

Mootness Doctrine: When Supervening Events Make Court Cases Academic

Learn how the mootness doctrine works in Philippine civil procedure, explained through the Supreme Court's ruling in Republic v. Manalo.

VAT Refund Claims: Prescriptive Periods and Jurisdictional Requirements Explained

Learn the strict deadlines for VAT refund claims under Section 112 NIRC, including the 120+30 day rule and its exceptions.

Deceptive Recruitment Estafa AND THE Promise OF Overseas Employment

When a fake recruiter promises overseas jobs, both illegal recruitment and estafa can apply. The Supreme Court explains the rules.