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Showing 7897–7920 of 19,267 articles for “eme”

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

Breach of Trust: Examining Guilt in Step-Parent Rape Cases Under Philippine Law

The Supreme Court affirms a stepfather's rape conviction, explaining how moral ascendancy and threats establish intimidation in incestuous rape.

Determining the Reckoning Point for Unlawful Detainer Actions: The Significance of the Final Demand to Vacate

Philippine Supreme Court clarifies that the one-year period for unlawful detainer is counted from the last demand to vacate, not lease expiration.

Reasonable Doubt Prevails: Illegal Possession of Dangerous Drugs and the Credibility of Testimony

In People v. Maraorao, the Supreme Court acquitted an accused after finding a glaring inconsistency in the arresting officer's testimony on who held the bag of shabu.

Unauthorized Practice of Law and Judicial Ethics: Lessons from Ciocon-Reer v. Lubao

The Supreme Court clarifies when judges face administrative liability and penalizes a non-lawyer for unauthorized practice of law.

When the Ombudsman Cannot Appeal a Reversed Administrative Decision

The Supreme Court rules on the Ombudsman's lack of legal standing to appeal when its administrative decision is reversed on appeal.

Navigating Legislative Inquiries Upholding Senate Authority IN Corporate Mismanagement Probes

Enforced Disappearance and State Complicity: The Amparo Writ's Core Requirement

The Supreme Court clarifies that a writ of amparo requires proof of state involvement in enforced disappearances, not just evidence that a person is missing.

Retirement Benefits for Judges: Voluntary Resignation vs. Involuntary Incapacity

The Supreme Court clarifies when a judge may retire with benefits under RA 910, distinguishing voluntary resignation from incapacity.

Falsification of Official Documents: Upholding Integrity in Public Service

Supreme Court ruling on sheriff's DTR falsification underscores that public office is a public trust and dishonesty merits severe penalties.

Resignation Does Not Erase Dishonesty: Rojas v. Mina on Court Employees' Liability

The Supreme Court held that a court employee's resignation does not extinguish administrative liability for stealing and encashing checks payable to judges.

Retirement Benefits and Voluntary Resignation: Clarifying Eligibility Under Philippine Law

Can resignation save retirement benefits after administrative liability? The Supreme Court clarifies forfeiture rules for public officers.

Upholding Public Trust: Dishonesty Leads to Dismissal Despite Mitigating Factors

Supreme Court ruling shows falsifying a Daily Time Record is grave dishonesty warranting forfeiture of retirement benefits, even after resignation.

Altering Court Orders: When Court Personnel Commit Dishonesty

A court legal researcher altered a judge's order after retirement. The Supreme Court ruled on dishonesty and penalties for court personnel.

When an Agent Exceeds Authority: Surety Bonds and the Limits of Apparent Authority

The Supreme Court clarifies when a principal is liable for an agent's unauthorized surety bond, and when third persons must verify authority.

Age Discrepancies in Statutory Rape: Reassessing Penalties Under Special Laws and the Revised Penal Code

Philippine Supreme Court clarifies when a child victim's age determines whether an offender is charged with statutory rape or sexual abuse under RA 7610.

Finality of Judgments and Why Proper Appeals Matter in Philippine Law

Explaining the Supreme Court ruling on bid price inadequacy, deficiency recovery, and why timely appeals protect final judgments.

When a Lease Isn't a Lease: Clarifying Rights in Market Stall Agreements

A Supreme Court ruling clarifies the distinction between leasehold rights and ownership of improvements in market stall transactions under Philippine law.

Custodia Legis: Ensuring Impartial Custody of Just Compensation in Agrarian Reform

The Supreme Court affirms that trial courts may order physical turnover of agrarian reform deposits to the clerk of court for custodia legis, ensuring impartial custody pending final valuation.

Litis Pendentia vs. Separate Causes of Action: A Philippine Civil Law Primer

Philippine Supreme Court clarifies when two suits involve the same cause of action, distinguishing litis pendentia from separate proceedings.

When an Employee's Unauthorized Acts Justify Dismissal: Meralco v. Dejan

The Supreme Court clarifies when an employee's unauthorized release of company property constitutes serious misconduct and loss of trust, justifying termination.

Circumstantial Evidence Proving Guilt Beyond Reasonable Doubt in Murder Cases

When direct evidence is lacking, circumstantial evidence can convict. The Supreme Court explains the rules in People v. Biglete.

Age Matters: Distinguishing Sexual Abuse from Rape Under Philippine Law

Philippine Supreme Court clarifies when a sexual act against a minor is sexual abuse under RA 7610 versus statutory rape under the Revised Penal Code.