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Showing 8737–8760 of 19,271 articles for “eme”

Contract to Sell Default: When Sellers Can Cancel and Keep the Property Off the Market

Philippine Supreme Court ruling on when a buyer's failure to pay installments in a contract to sell justifies cancellation by the seller.

When Peaceful Picketing Crosses the Line: Legal Boundaries in Labor Strikes

The Supreme Court clarifies when a "peaceful moving picket" becomes an illegal blockade, and the due process rights of dismissed strikers.

Upholding Search Warrant Validity Balancing Individual Rights AND LAW Enforcement IN Drug Cases

Supreme Court affirms valid search warrant in drug case, balancing constitutional rights and law enforcement needs.

Bank Accountability for Negligence and Damages in Handling Depositor Accounts

Philippine Supreme Court ruling on bank liability for teller negligence causing depositor embarrassment and damages.

Land Valuation Under CARP: Defining the Basis for Provisional Compensation

The Supreme Court clarifies that provisional compensation under CARP is based on the Land Bank's initial valuation, not the DARAB award.

Treachery and Witness Credibility: Proving Murder Beyond Reasonable Doubt

A Supreme Court ruling explains how treachery is established and why minor witness inconsistencies do not weaken a murder conviction.

Protecting Children: Rape Conviction Upheld Despite Errors in Legal Citations

Supreme Court affirms rape conviction of child's neighbor, clarifies correct law under RA 8353, and finds two counts of rape.

Retirement Pay Computation Must Include SIL and 13th Month Pay Even for Commission-Based Employees

Supreme Court clarifies that commission-based bus conductors are entitled to retirement pay computed with service incentive leave and 13th month pay inclusions.

CIAC Jurisdiction in Construction Disputes: The Golangco Doctrine on Arbitration Clauses

The Supreme Court clarifies that an arbitration clause in a construction contract automatically vests CIAC with jurisdiction over all disputes arising from it.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Accountability Prevails: Illegal Recruitment and the Promise of Overseas Employment

The Supreme Court affirms life imprisonment for illegal recruitment in large scale, protecting OFWs from false promises of overseas employment.

Acquittal and Civil Liability: When Reasonable Doubt Shields From Damages

Philippine Supreme Court ruling on when an acquittal based on reasonable doubt also bars civil liability claims against the accused.

Judicial Ethics: Judge Fined for Using Official Position in Personal Dispute

Supreme Court fines judge P11,000 for using judicial letterhead to pressure officials in personal dispute over a relative's piggery business.

Rape of a Person Deprived of Reason: Evidence and Conviction in People v. Lindo

The Supreme Court clarifies rape of a person deprived of reason, evidence admissibility, and conviction standards in People v. Lindo.

Judge Fined for Using Judicial Prestige in Personal Dispute Over Piggery

Supreme Court rules judge violated judicial conduct by using his official title to pressure local officials in a personal dispute.

Job Evaluations and Employee Entitlements: Clarifying the Scope of Management Prerogative

Supreme Court clarifies that union security clauses cannot justify dismissal for exercising the right to self-organization during the freedom period.

Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights

Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.

Union Security Clauses and Employee Rights: Lessons from PICOP Resources

Philippine Supreme Court ruling on when union security clauses justify dismissal and how employee rights to self-organization are protected.

Probable Cause vs Prosecutorial Discretion: The Perjury Case of Verzano v. Paro

A prosecutor cannot presume probable cause simply because a respondent fails to file a counter-affidavit. The Supreme Court explains why.

Drug Testing in Employment: Employer's Duty to Prove Accreditation for Valid Termination

When can a positive drug test justify dismissal? The Supreme Court clarifies employer obligations under R.A. 9165.

When "NANNY" Infringes "NAN": The Dominancy Test in Philippine Trademark Law

Philippine Supreme Court explains when a similar-sounding mark like NANNY infringes a registered trademark like NAN, applying the dominancy test.

Security of Tenure Prevails: Tenant Rights in Agricultural Land Reform

Supreme Court affirms tenant security of tenure under agrarian reform, voiding landowner's attempt to dispossess farmer-beneficiaries of their landholding.

Loss of Trust and Confidence: Employers' Burden of Proof in Termination Cases

Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for employee dismissal, and the employer's burden of proof.

Probable Cause and Prosecutor's Review: Lessons from Verzano v. Paro

The Supreme Court clarifies when a prosecutor's finding of probable cause amounts to grave abuse of discretion, and how courts review such resolutions.