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Showing 7729–7752 of 19,267 articles for “eme”

Rape Conviction Affirmed: Consent and Circumstantial Evidence in Philippine Law

Explore the Supreme Court's ruling in People v. Lupac on proving rape through circumstantial evidence and the limits of consent when the victim is unconscious.

Strained Relations in Employment: Separation Pay as an Alternative to Reinstatement

Philippine Supreme Court ruling on illegal dismissal, due process, and when separation pay replaces reinstatement due to strained relations.

Illegal Dismissal: Employer Must Prove Just Cause AND Due Process in Termination

Philippine Supreme Court clarifies that terminating an employee requires both substantive and procedural due process; failure in either makes dismissal illegal.

When a Motion to Dismiss Fails: Bad Faith and Trust Claims Must Go to Trial

The Supreme Court clarifies that allegations of bad faith and implied trust cannot be resolved in a motion to dismiss but require full trial.

Unbroken Chains Safeguarding Drug Evidence IN Philippine LAW

The Supreme Court explains the chain of custody rule in drug cases, showing how proper evidence handling secures convictions under RA 9165.

When Power Discounts Must Reach Consumers: The PPA Refund Case

Explaining the Supreme Court ruling that electric cooperatives must pass on power discounts and refund over-recoveries to consumers.

Shared Negligence Apportioning Liability IN Ship Repair Contracts Under Philippine LAW

Supreme Court ruling on shared negligence, limitation of liability clauses, and subrogation in ship repair contracts under Philippine law.

Safeguarding Electoral Independence When Collaboration Challenges Constitutional Boundaries

The Supreme Court upholds the constitutionality of the joint DOJ-Comelec investigation of election fraud in the 2004 and 2007 polls.

Timeliness and Sufficiency in Election Protests: Balancing Procedure and Substance

A look at Lloren v. COMELEC on appeal fee deadlines, motion fees, and the mandatory requirements for a valid election protest.

Preventive Suspension Grounds: When Philippine Civil Servants Face Removal

Philippine Supreme Court clarifies when preventive suspension may validly issue against civil servants pending administrative investigation.

Presidential Control vs Agency Autonomy: Disallowed Incentive Awards Without Approval

When can the President override an agency's incentive program? The Supreme Court explains the limits of agency autonomy under presidential control.

Buy-Bust Operations Ensuring Integrity in Drug Sale and Possession Cases

The Supreme Court affirms drug convictions, explaining how buy-bust operations and chain of custody preserve evidence integrity under RA 9165.

Overseas Job Offers: Illegal Recruitment and Fraudulent Promises Under Philippine Law

The Supreme Court explains when overseas job offers become illegal recruitment and estafa, and what victims must prove.

Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?

Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an

Who Owns Farm Improvements Under CARP? Landowner vs. Lessee Rights

The Supreme Court ruled that disputes over crops and improvements between a landowner and a lessee fall under the Civil Code, not agrarian reform courts.

Failure to Prove Actual Possession Dooms Unlawful Detainer Claim

In unlawful detainer cases, the plaintiff must prove actual possession by preponderance of evidence. The Supreme Court explains why.

Retention Rights vs Emancipation Patents: Clarifying Land Ownership Under Agrarian Reform

The Supreme Court clarifies when a landowner's retention right prevails over an emancipation patent issued to a tenant-farmer under agrarian reform.

Mortgagor Ownership and Estoppel: When a Real Estate Mortgage Stays Valid

Supreme Court clarifies when a mortgagor's ownership and estoppel uphold the validity of a real estate mortgage in PNB v. Reblando.

When Commissions Count in Separation Pay: A Philippine Labor Law Guide

Philippine Supreme Court ruling on when sales commissions form part of salary for separation pay computation and when quitclaims are invalid.

Rape Conviction Upheld: Victim's Testimony and Parental Aggravation in Incest Cases

In People v. Venturina, the Supreme Court affirmed a father's rape conviction, showing how a victim's credible testimony and relationship can seal a case.

When Multiple Shots Mean Separate Crimes: Murder and Attempted Murder in the Philippines

Philippine Supreme Court clarifies when a single ambush produces separate crimes of murder, frustrated murder, and attempted murder.

Retirement Benefits vs Other Allowances: The Refundability Distinction in Illegal Disbursements

When illegal disbursements are disallowed, must payees refund? The Supreme Court draws a line between retirement benefits and ordinary allowances.

Land to the Tiller: Agrarian Reform Beneficiaries' Rights Prevail Over Formal Titles

Supreme Court rules actual tillers, not formal titleholders, are entitled to agrarian reform land under CARL.

Defining Disability for Seafarers: Why Timely Medical Assessment Matters

A Supreme Court ruling clarifies when a seafarer's disability becomes permanent, and why abandoning treatment can jeopardize a claim for full disability benefits.