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Showing 8953–8976 of 19,272 articles for “eme”

Procedural Lapses and Contempt: Navigating Court Rules in Contract Disputes

A Supreme Court ruling on procedural rules in contract disputes: motion for reconsideration, hierarchy of courts, and indirect contempt.

Tortious Interference Protecting Distributorship Rights in Philippine Commerce

Philippine Supreme Court ruling on tortious interference with exclusive distributorship contracts and the liability of third parties who induce breach.

Public Trust Dismissal for Grave Misconduct in Extortion Case

Supreme Court reinstates dismissal of BIR examiner for grave misconduct in extortion, clarifying substantial evidence standard in administrative cases.

Presumption of Regularity vs. Misconduct Claims: Integrity in Court Execution

Learn how the presumption of regularity in official duty interacts with misconduct allegations in administrative cases, from a 2010 Supreme Court ruling.

Corporate Rehabilitation vs Labor Claims: Balancing Creditor Rights and Employee Protection

When a company undergoes rehabilitation, labor claims are suspended. The Supreme Court explains why in Castillo v. Uniwide.

Party-List Delisting Rules Clarified: Two Separate Grounds Under RA 7941

Supreme Court clarifies party-list delisting under RA 7941: two separate grounds, cannot be combined; abandons Minero ruling.

Protecting the Right to Vote: Domicile and Voter Registration in the Philippines

The Supreme Court protects voter registration rights, ruling that domicile, not technicalities, determines a citizen's right to vote.

Balancing Justice and Procedure: When Technicalities Yield to Equity in Appeals

The Supreme Court clarifies when procedural rules prevail over equitable arguments in criminal appeals involving the Ombudsman.

Stepfather Convicted of Statutory Rape and Acts of Lasciviousness

The Supreme Court affirms the conviction of a stepfather for statutory rape and acts of lasciviousness against his minor stepdaughter, clarifying penalties and damages.

Trust Receipts vs Loan Agreements: When Misuse of Funds Is Not Estafa

The Supreme Court clarifies when a trust receipt arrangement is actually a simple loan, and why criminal liability for estafa does not follow.

When Supervisors Lose Trust: Dismissal for Misconduct Under Article 282

Philippine Supreme Court clarifies when a supervisor's unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

When Modified Judgments Can Be Appealed: Protecting Litigants' Rights

Learn when a modified Court of Appeals decision is appealable to the Supreme Court and how litigants' rights are protected in civil procedure.

When Death and Procedural Choices End Criminal Complaints: The ABS-CBN v. Ombudsman Case

Explaining how the Supreme Court applied the Bayotas rule on death of respondents and why procedural choices in filing claims can affect criminal complaints.

When Oversight Falters: Judicial Error and the Limits of Discretion in Public Office

The Supreme Court clarifies that the condonation doctrine applies only to reelected elective officials, not to reappointed appointive officers found guilty of simple neglect of duty.

Self-Defense vs Murder: Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in murder cases, focusing on unlawful aggression as its primordial element.

Management Prerogative vs. Illegal Dismissal: Redundancy and Employee Rights

When does a redundancy program become illegal dismissal? The Supreme Court clarifies the balance between business needs and employee security of tenure.

Contract to Sell: Buyer's Failure to Pay Nullifies Seller's Obligation to Convey Title

Philippine Supreme Court clarifies that in a contract to sell, buyer's failure to pay the full price prevents the seller's obligation to convey title from arising.

Conspiracy and Kidnapping for Ransom: Defining the Boundaries of Criminal Liability in the Philippines

Philippine Supreme Court ruling on conspiracy in kidnapping for ransom cases, explaining when co-accused share criminal liability and how courts prove agreement.

Sheriffs' Duty of Care in Implementing Writs: Lessons from Tomboc v. Velasco

When a sheriff demolishes the wrong property, who pays? The Supreme Court clarifies sheriffs' duty of diligence in writ implementation.

Entrapment or Illegal Inducement: The Fine Line in Buy-Bust Operations

The Supreme Court clarifies when a buy-bust operation is valid entrapment versus instigation, and why the chain of custody still matters.

Breach of Trust Employee Dismissal Upheld for Unauthorized Sale of Company Assets

Supreme Court rules on when unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

Kidnapping for Ransom: Conspiracy and Defense of Duress Under Philippine Law

Philippine Supreme Court clarifies conspiracy and duress defenses in kidnapping for ransom cases, affirming convictions of co-accused.

When Can Courts Relax Procedural Rules? The Go v. Chaves Appeal Ruling

The Supreme Court reinstates an appeal dismissed on technical grounds, explaining when courts may relax procedural rules in the interest of substantial justice.

Breach of Public Trust: Accountability for Mismanaged Court Funds in the Philippines

The Supreme Court affirms COA's power to disallow irregular allowances and expenses of government officials, upholding public purpose requirements.