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Showing 7153–7176 of 19,263 articles for “eme”

Forum Shopping and Government Funds: Rallos v. City of Cebu on Execution of Judgments

The Supreme Court dismisses a contempt petition for forum shopping and clarifies rules on executing money judgments against local governments.

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions

Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.

Moral Ascendancy in Rape Cases: Supreme Court Affirms Stepfather's Conviction

The Supreme Court affirms a stepfather's rape conviction, explaining moral ascendancy, victim-survivor credibility, and increased damages in G.R. No. 271812.

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

Res Judicata Bars Repeated Litigation Over Same Land Ownership

Philippine Supreme Court ruling explains how res judicata prevents endless litigation over the same property and title.

Tax Treaty Relief vs. BIR Rules: When Administrative Deadlines Cannot Defeat Treaty Benefits

Supreme Court rules that failure to file a prior tax treaty relief application with the BIR does not automatically forfeit a taxpayer's right to preferential rates under an international tax treaty.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

Dismissal for Loss of Confidence: When a Validly Dismissed Employee Cannot Claim Retirement Pay

The Supreme Court ruled that an employee lawfully dismissed for serious misconduct and loss of confidence cannot be awarded retirement benefits as a measure of social justice.

Grave Negligence and Public Office Accountability for Improper Land Use in Infrastructure Projects

When can a city engineer be criminally liable for a public works project built on private land? The Supreme Court explains gross inexcusable negligence under R.A. 3019.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Trust Receipts vs Loans: When Intent Defines the Contract

Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Finality vs Fairness: How Illegal Dismissal Awards Are Computed Up to Final Judgment

The Supreme Court clarifies that backwages and separation pay in illegal dismissal cases are computed up to finality of judgment, not just the labor arbiter's decision date.

Barangay Election Protests: Finality of Decisions and Execution Pending Appeal

The Supreme Court clarifies the rules on execution pending appeal in barangay election protests, emphasizing finality and proper procedure.

Union Disaffiliation and Employee Rights in Collective Bargaining: A Philippine Supreme Court Ruling

Philippine Supreme Court ruling on a local union's right to disaffiliate from its mother federation and the effect on collective bargaining and check-off.

Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law

Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Unraveling Conjugal Property Rights When Titles Confuse Ownership

When do titles prove exclusive ownership over conjugal property? The Supreme Court clarifies the limits of the conjugal presumption.

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Res Judicata Bars NHA From Relitigating Bad Faith in Land Expropriation Case

The Supreme Court rules that conclusiveness of judgment prevents the NHA from re-arguing ownership and bad faith issues already settled in prior final cases.