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Showing 9337–9360 of 19,273 articles for “eme”

Speedy Trial Rights Balancing Justice AND Practicality IN Philippine Courts

The Supreme Court clarifies that the right to speedy trial is relative and flexible, not a rigid counting of days.

Preventive Suspension of Public Officials: Due Process and Unexplained Wealth in the Philippines

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials and what due process requires in unexplained wealth cases.

Agrarian Reform vs Tourism: Resolving Land Use Conflicts in the Philippines

Supreme Court ruling on whether tourism zone proclamations automatically exempt agricultural lands from CARP coverage.

Court Clerk Dismissed for Certifying Spurious Decision: Gross Neglect of Duty

Philippine Supreme Court holds court clerk liable for gross neglect after certifying a fake decision without verifying records, resulting in dismissal.

Drug Testing in the Workplace: Ensuring Procedural Rigor and Employee Rights

The Supreme Court ruled that employers must ensure drug tests are properly administered, or face liability for illegal dismissal.

Contempt of the COMELEC: The Scope of Its Quasi-Judicial Power Explained

The Supreme Court affirms COMELEC's power to cite for contempt even when acting through fact-finding task forces, clarifying the scope of its quasi-judicial authority.

Enforced Disappearance and Government Accountability: The Writ of Amparo Explained

The Supreme Court clarifies the writ of amparo as a protective remedy against enforced disappearance, distinguishing responsibility from accountability.

Presidential Warranties vs. State Sovereignty: The PICOP Timber License Case

The Supreme Court ruled presidential warranties on timber licenses are not contracts, and state sovereignty over natural resources prevails.

Right to Travel vs Public Interest: Examining the Scope of the Writ of Amparo

The Supreme Court explains why the writ of amparo cannot question travel restrictions such as hold departure orders issued in pending criminal cases.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Presidential Warranty vs Constitutional Limits: Timber License Rights in the Philippines

The Supreme Court clarifies that timber licenses and presidential warranties are not contracts protected by the non-impairment clause, upholding constitutional limits on natural resource exploitation.

COMELEC Contempt Power Upholds Investigative Authority for Fair Elections

Supreme Court affirms COMELEC's power to punish contempt during fact-finding investigations, reinforcing its constitutional mandate to ensure honest elections.

Contempt of the COMELEC: Scope of Power and Due Process in Election Investigations

The Supreme Court affirms COMELEC's power to initiate contempt proceedings motu proprio during fact-finding investigations, clarifying due process requirements.

Reinstatement vs Restructuring: Employee Rights in Corporate Changes

Philippine Supreme Court ruling on employee rights when corporate restructuring invalidates termination—reinstatement, backwages, and separation pay explained.

Unlawful Termination of NPC Employees: Reinstatement Rights and Corporate Liability

The Supreme Court clarifies reinstatement rights for illegally dismissed NPC employees and limits PSALM's liability in execution.

Balancing Public Service and Political Rights: The Unconstitutionality of Automatic Resignation for Appointive

The Supreme Court strikes down the automatic resignation rule for appointive officials who file certificates of candidacy, upholding equal protection and political rights.

Reinstatement vs. Abandonment: How the Supreme Court Determines Illegal Dismissal and Employee Rights

A Supreme Court ruling clarifies when an employee is illegally dismissed, when retirement is truly voluntary, and what backwages and separation pay are owed.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies that habeas corpus in child custody cases requires a full trial to determine the child's best interests, not just the child's production in court.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Drug Testing on the High Seas: Upholding Seafarer Dismissal for Marijuana Use

Supreme Court rules on seafarer dismissal for positive marijuana test, due process, and drug test evidence in maritime cases.

Fraudulent Inducement and Preliminary Attachment When Allegations Mirror the Cause of Action

When fraud is both the ground for attachment and the core of the complaint, only a counter-bond can discharge the writ.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Just Compensation Land Valuation Under Agrarian Reform Requires Independent Judicial Assessment

Philippine Supreme Court rules trial courts must independently determine just compensation in agrarian reform cases, not merely adopt DARAB valuations.

Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity

Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.