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Showing 6721–6744 of 19,262 articles for “eme”

Accrued Wages and Reinstatement: Employer's Obligation Despite Appeal

Philippine Supreme Court clarifies that employers must pay accrued wages when they delay reinstatement pending appeal, even if the dismissal is later upheld.

Lost Evidence Lost Case: How Discovery Failures Impact Proof in Court

A Supreme Court ruling shows how losing original evidence and raising defenses late can sink a case, even when the accused claims innocence.

When Can a Judge Dismiss a Prosecutor's Case for Lack of Probable Cause?

The Supreme Court clarifies the boundary between a prosecutor's and a judge's power to determine probable cause in criminal cases.

Grenade Attack and Complex Crimes: Establishing Guilt Beyond Reasonable Doubt

The Supreme Court affirms a conviction for murder and frustrated murder from a single grenade attack, explaining complex crimes and the weakness of alibi against positive identification.

Enforcing Money Judgments Against Local Government Units: Mandamus and the COA Route

The Supreme Court clarifies that mandamus cannot compel an LGU to pay a final judgment; claims must first go through the Commission on Audit.

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

Chain of Custody and Drug Evidence Admissibility in Philippine Law

The Supreme Court acquits a drug suspect over broken chain of custody—explaining marking, inventory, and photo requirements under RA 9165.

Chain of Custody Lapses in Drug Cases: When Acquittal Becomes the Only Option

Explore how the Supreme Court acquitted a drug suspect due to broken chain of custody, emphasizing the need for strict compliance with RA 9165 procedures.

Unraveling Implied Trusts Protecting Family Interests in Property Disputes

The Supreme Court explains implied resulting trusts in family property disputes, clarifying prescription, parol evidence, and ownership rights.

Judicial Independence and the Court's Power to Review Probable Cause for Arrest

When can a judge dismiss a case for lack of probable cause despite the prosecutor's finding? The Supreme Court clarifies the limits of judicial review.

Self Defense Under Scrutiny: Establishing Credible Threat in Homicide Cases

Philippine Supreme Court clarifies when self-defense claims fail in homicide cases, requiring credible threat and unlawful aggression.

When Do Government Employees Lose Their Right to Allowances After Integration

Explaining when COLA and other allowances are deemed integrated into basic salary under the Salary Standardization Law, citing Land Bank v. Naval.

When Customary Law Meets Final Judgments: IPRA Jurisdiction and the Limits of Mandamus

The Supreme Court clarifies when customary laws apply under IPRA and why mandamus cannot overturn a final ejectment judgment.

Loss of Earning Award Deleted: Final Decisions and Double Recovery in Philippine Seafarer Claims

Supreme Court clarifies that final judgments bind parties, but double recovery for loss of earning capacity is barred when disability compensation already paid.

Finality of Judgments: The Binding Effect of Unchallenged Court Orders

A Supreme Court ruling on how an unchallenged labor decision becomes final, binding, and bars re-litigation of the same issues.

Bargaining in Good Faith: The Fine Line Between Firm Positions and Unfair Labor Practices

When does a company's hardline stance in CBA talks become bad faith bargaining? The Supreme Court clarifies the line.

Redundancy vs Replacement: Protecting Employees From Unjust Dismissal

When is a redundancy dismissal valid? The Supreme Court clarifies the rules on redundancy and protects employees from disguised termination.

Tax Refund vs Tax Credit: Execution Requirements in Local Tax Disputes

Philippine Supreme Court clarifies when a writ of execution is needed for tax refunds or tax credits in local tax disputes.

Conditional Sale vs Contract to Sell: Protecting Property Rights in the Philippines

The Supreme Court clarifies the crucial difference between a conditional sale and a contract to sell, and why buyers must pay the full price to own property.

Chain of Custody in Drug Cases: When Police Lapses Do Not Break the Evidence

The Supreme Court explains when minor lapses in Section 21 procedures do not break the chain of custody in drug cases.

Double Compensation Prohibited: Disability Benefits vs. Loss of Future Earnings in Maritime Claims

Supreme Court rules a seafarer cannot recover both disability benefits and loss of future earnings, as disability compensation already covers lost earning capacity.

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Breach of Public Trust: Official Position Cannot Shield Criminal Acts

Philippine Supreme Court affirms conviction of municipal treasurer for graft and estafa, ruling public office cannot shield criminal acts.

Rape Conviction Upheld: Credibility of Testimony and Immateriality of Pregnancy

Supreme Court affirms rape conviction, ruling that a victim's pregnancy does not negate rape and that court testimony prevails over affidavits.