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Showing 7801–7824 of 19,267 articles for “eme”

Probationary Employment: When Employers Can Terminate for Failure to Meet Standards

Philippine Supreme Court clarifies when employers may validly terminate probationary employees for failing reasonable standards, including chronic tardiness.

Work-Related Illness and Seafarers’ Disability Claims: Proving the Causal Link

Seafarers claiming disability benefits must prove work-relatedness, not just illness during employment. The Supreme Court clarifies the burden.

Lawyer Suspended for Misappropriating Client Funds in Breach of Trust

Supreme Court suspends lawyer for six months for failing to return client funds consigned with HLURB, violating Canon 16 of the Code of Professional Responsibility.

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Corporate Merger and Garnishment: Surviving Corporation's Liability for Pre-Existing Obligations

When banks merge, the surviving corporation inherits garnishment obligations of the absorbed bank. The Supreme Court explains why.

Fiscal Autonomy and the Judiciary: The Supreme Court's Power to Dispose of Its Properties

The Supreme Court affirms its fiscal autonomy in property disposal, resolving a COA dispute over appraisal formulas for retired justices' purchases.

Devolution and Vested Rights: Protecting Public Sector Employees in the Philippines

A Supreme Court ruling on devolution, vested rights, and security of tenure for public sector employees in the Philippines.

Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect when police fail to prove every link in the chain of custody of seized shabu.

Judge, Prosecutor, and the Disapproved Resolution: Balancing Judicial Discretion and Prosecutorial Independenc

A judge insisted a prosecutor produce a disapproved resolution. The Supreme Court clarifies the limits of judicial discretion in warrant issuance.

Upholding Agreements: The Decisive Impact of Admitted Extensions in Maritime Claims

How a carrier's failure to specifically deny an agreed extension period can defeat a prescription defense in maritime cargo claims.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Treachery's Shadow: Murder and Eyewitness Identification in the Anis Massacre

The Supreme Court affirms murder and attempted murder convictions from the 1999 Anis massacre, ruling on treachery and eyewitness identification.

Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines

A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.

Judicial Accountability: Timely Decision-Making and the Limits of Administrative Remedies

A judge's 15-month delay in deciding a case leads to reprimand, clarifying when administrative complaints are proper.

Income Tax Returns: Balancing Confidentiality and Admissibility in Court

When can courts compel production of income tax returns? The Supreme Court clarifies the limits of confidentiality and the proper remedy.

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

Judicial Accountability: Timely Decisions and the Limits of Administrative Complaints

A judge's 15-month delay in deciding a case drew a reprimand, while errors of judgment were left to judicial remedies.

Reasonable Doubt in Illegal Drug Possession: The Chain of Custody Rule Under Philippine Law

Why the Supreme Court acquitted two accused in a shabu possession case due to a broken chain of custody, and what this means for drug cases.

Double Jeopardy Prevails: Acquittal Stands Despite Alleged Errors in Evidence Appreciation

The Supreme Court reaffirms the rule against double jeopardy, holding that an acquittal cannot be appealed or reversed absent grave abuse of discretion.

Reinstatement to the Bar: Reacquiring the Privilege to Practice Law After Regaining Philippine Citizenship

A Philippine lawyer who lost citizenship and reacquired it under R.A. 9225 must apply to resume practice—it is not automatic.

NHA Incentive Allowances Disallowed: When Government Compensation Rationalization Prevails

Supreme Court affirms COA disallowance of NHA incentive allowances, ruling that PD 1597 and RA 6758 repealed the NHA Board's power to grant them.

CARP Landowner Rights After CLOA Issuance: Diamond Farms Case on Just Compensation and Beneficiary Possession

Supreme Court ruling on landowner rights, just compensation, and beneficiary possession under CARP after CLOA issuance in Diamond Farms v. Diamond Farm Workers.

Mandamus Cannot Compel a Mayor to Issue Business Permits: The Rimando Case

Philippine Supreme Court clarifies that issuing business permits is a discretionary, not ministerial, act—so mandamus cannot compel it.

Protecting Prior Land Rights: The Limits of Free Patents and Good Faith Purchasers

Philippine Supreme Court clarifies when free patents and good faith purchases can defeat prior land rights.