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Showing 7777–7800 of 19,267 articles for “eme”

Cross-Claims Survive Dismissal of Main Complaint Through Compromise Settlements

When a main complaint is dismissed via compromise, cross-claims among co-defendants may still proceed. The Supreme Court explains why.

Ombudsman's Power to Dismiss for Dishonesty and Grave Misconduct

The Supreme Court affirms the Ombudsman's power to dismiss erring public employees, not merely recommend their removal, in a case involving unremitted customs collections.

Rape Conviction Upheld: Credibility of Victim Testimony and Use of Force in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that credible victim testimony suffices even without medical evidence or immediate reporting.

Rehabilitation Proceedings and Claims: When a Stay Order Bars Separate Collection Suits

A Supreme Court ruling explains how corporate rehabilitation stay orders bar separate collection suits and bind creditors to approved rehabilitation plans.

Jurisdiction Over OFW Disciplinary Cases: POEA vs NLRC Explained

The Supreme Court clarifies that the NLRC has no appellate jurisdiction over POEA disciplinary action cases against OFWs; appeals go to the Labor Secretary.

Government Funds and the Limits of Garnishment: Protecting Public Resources

The Supreme Court rules that government funds, including UP's, cannot be garnished to satisfy money judgments without proper appropriation and COA approval.

CBA Benefits Limited to Bargaining Unit Members: Understanding Labor Rights

Supreme Court rules CBA benefits apply only to bargaining unit members, not dismissed employees. Learn the legal basis.

Family Court Jurisdiction and the Accused’s Right to a Valid Arraignment

When a case is filed in the wrong court, the proceedings are void—including the arraignment. The Supreme Court explains why.

Medical Malpractice: Establishing Negligence and Hospital Liability in Surgical Errors

The Supreme Court clarifies when surgeons and anesthesiologists are liable for negligence and when hospitals are not, in a botched caesarean case.

When Can Courts Extend the 60-Day Rule for Filing Certiorari? A Philippine Guide

Philippine Supreme Court explains when the 60-day certiorari filing period may be extended, and clarifies venue rules for personal actions.

Protecting Tenant Rights: Voluntary Surrender of Land Under Agrarian Reform

When is a tenant's surrender of land valid under agrarian reform? The Supreme Court clarifies the rules on voluntary surrender and tenant security of tenure.

CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement

SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.

Abuse of Rights Doctrine: Balancing Contractual Rights With Social Responsibility

The Supreme Court explains how the abuse of rights doctrine limits contractual rights, using a banana plantation dispute as a case study.

Due Process in Administrative Cases: The Melendres Doctrine on Formal Hearings

When is a formal hearing required in administrative cases? The Supreme Court clarifies due process rules for government officials facing charges.

Accretion vs Title: Proving Ownership of Abandoned Creek Beds

Philippine Supreme Court ruling on when an abandoned creek bed transfers ownership and why a Torrens title prevailed.

When Creeks Shift: Land Ownership and Natural Watercourse Changes in the Philippines

Philippine Supreme Court ruling on who owns abandoned river beds when creeks change course naturally, and the burden of proof required.

Seafarer Disability Claims: When a Fit-to-Work Declaration Comes Too Late

The Supreme Court ruled that a seafarer's temporary total disability becomes permanent once the 240-day treatment period lapses without a valid fitness declaration.

Due Process in Administrative Cases: When a Formal Hearing Is Not Required

The Supreme Court clarifies that due process in administrative cases does not always require a full formal hearing, as long as the respondent is given an opportunity to be heard.

Due Process in Administrative Cases: When Formal Hearings Are Not Required

The Supreme Court clarifies that formal hearings are not always required in administrative cases, as long as the respondent is given an opportunity to be heard.

Robbery With Homicide Conviction Upheld Despite Claims of Illegal Arrest and Lack of Counsel

The Supreme Court affirms a robbery with homicide conviction, ruling that illegal arrest claims are waived if not raised before plea, and that police line-ups are not part of custodial investigation.

Dual Citizenship and Elective Office: The Imperative of Sworn Renunciation in Philippine Law

Philippine law requires dual citizens seeking elective office to execute a personal and sworn renunciation of foreign citizenship. The Supreme Court explains why.

Unexplained Wealth Forfeiture of Illegally Acquired Properties Under Philippine Law

The Supreme Court explains how forfeiture of unexplained wealth works under RA 1379, including due process rights and the finality of judgments.

Reasonable Doubt in Rape Cases: Proving Force and Intimidation Under Philippine Law

The Supreme Court's acquittal in People v. Lumpayao shows why force, threat, or intimidation must be proven beyond reasonable doubt in rape cases.

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.