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Showing 7345–7368 of 19,265 articles for “eme”

Forum Shopping Dismissal of Labor Case Reversed for Lack of Basis

Supreme Court clarifies that filing separate labor standard and illegal dismissal cases in different fora does not constitute forum shopping.

Breach of Company Policy in Employee Termination: Due Process Lessons from SURNECO v. Gonzaga

A Philippine Supreme Court ruling shows that violating your own company procedure during dismissal can cost an employer P30,000 in nominal damages even if the dismissal is valid.

Overseas Dreams, Local Schemes: Illegal Recruitment in Large Scale and Economic Sabotage

Philippine Supreme Court ruling on large-scale illegal recruitment, syndicate liability, and penalties for overseas employment fraud.

Bona Fide Purchase Prevails Protecting Innocent Buyers in Land Disputes

Learn how the Supreme Court protected an innocent purchaser for value from a DARAB decision that sought to cancel its Torrens titles.

Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect

Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.

The Testimony of a Minor as Sufficient Proof in Statutory Rape Cases

The Supreme Court affirms that a minor's credible testimony alone can prove statutory rape, even without medical evidence of injury.

Protecting the Vulnerable: Upholding Child Victims' Testimony in Rape Cases

The Supreme Court affirms a rape conviction, holding that a child victim's credible testimony prevails over the absence of physical injuries.

Publication Requirement: Handwritten Amendments to Presidential Proclamations

Philippine Supreme Court rules that handwritten addenda to presidential proclamations have no legal effect unless published in the Official Gazette.

Estoppel and Foreclosure: When a Bank's "Incentive" Is Not a Redemption Extension

The Supreme Court clarifies when a bank's incentive scheme letter extends the redemption period and when estoppel applies.

Support Pendente Lite: Defining Indispensable Needs in Marital Separation

Philippine Supreme Court clarifies what expenses count as support pendente lite and which deductions are allowed in marital separation cases.

Claim Denied Strict Compliance Required FOR Local TAX Refund Claims IN THE Philippines

Philippine Supreme Court ruling on local tax refund claims, emphasizing strict compliance with procedural requirements and the consequences of non-compliance.

Conviction for Statutory Rape of Minor Upheld Despite Accused’s Denial and Alibi

Philippine Supreme Court affirms qualified rape conviction of an uncle who assaulted his 5-year-old niece, rejecting alibi and denial defenses.

Habeas Corpus and Libel: Limits of Retroactive Application of Favorable Penalties

When can a convict seek habeas corpus and demand retroactive application of a favorable penalty rule? The Supreme Court clarifies.

Just Compensation and Government Delay: Valuing Property at the Time of Taking

The Supreme Court clarifies when just compensation is valued and how legal interest accrues in expropriation cases involving government delay.

Preserving Integrity Ensuring Drug Evidence Validity Despite Procedural Lapses IN Drug Cases

The Supreme Court acquits a drug possession accused because police failed to follow Section 21 procedures, casting doubt on evidence integrity.

Prohibition on Land Transfers Protecting Tenant Rights Under Agrarian Reform

Philippine Supreme Court explains why land sales to non-tenants are void under PD 27, protecting agrarian reform beneficiaries.

When Attorney's Fees Are Not Automatic: The Rule of Article 2208

The Supreme Court clarifies when courts may award attorney's fees under Article 2208 of the Civil Code, requiring clear factual and legal justification.

Unsatisfactory Performance: When Two Consecutive Bad Ratings Justify Dropping from the Rolls

The Supreme Court explains when two consecutive unsatisfactory performance ratings justify dropping a court employee from the rolls.

Separation Pay and Due Process in Valid Dismissals: Lessons from Unilever v. Rivera

The Supreme Court clarifies when separation pay is due to validly dismissed employees and the procedural due process required in termination cases.

Security of Tenure Prevails: Tenant Rights in Agrarian Ejectment Cases

Philippine Supreme Court ruling on tenant security of tenure, ejectment grounds, and procedural rules in agrarian disputes.

Separation Pay After Valid Dismissal: When Social Justice Does Not Apply

The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.

Positive Identification Prevails Over Alibi in Criminal Prosecution

Supreme Court affirms conviction based on credible eyewitness identification, rejecting alibi and denial defenses in murder case.

Waiver of Demand and Interest Rate Limits in Philippine Loan Agreements

The Supreme Court clarifies when demand is unnecessary before default and why courts reduce excessive stipulated interest rates.

Possession vs Ownership in Ejectment Cases: The Rule on Supervening Events

Learn how the Supreme Court treats claims of ownership acquired after an unlawful detainer judgment, and why possession remains the sole issue in ejectment cases.