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Showing 10345–10368 of 19,278 articles for “eme”

Self-Defense and Treachery: Proving Guilt Beyond Reasonable Doubt in Philippine Criminal Law

How the Supreme Court rejected self-defense and upheld treachery in a murder conviction, explaining the burden of proof on accused persons.

Retrenchment vs Retirement: When Separation Pay Bars Retirement Benefits

Philippine Supreme Court clarifies when retrenched employees can claim retirement benefits on top of separation pay under the Labor Code and CBA.

When Lawyers Fall Short: Disbarment for Gross Immoral Conduct

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for membership in the bar.

Donation Mortis Causa vs Inter Vivos: Understanding Estate Transfers in the Philippines

Philippine Supreme Court explains when a donation is mortis causa, not inter vivos, and why formalities of a will matter.

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

Tax Assessment Validity: Balancing Revenue Collection and Taxpayer Rights in Evidence Disputes

The Supreme Court clarifies that illegally obtained documents do not automatically invalidate tax assessments, balancing BIR collection powers with taxpayer protections.

Full Market Value Required When Easement Impairs Land Use

Supreme Court rules NPC must pay full market value, not 10% easement fee, when transmission lines impair land use.

Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure

Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

The Supreme Court explains the difference between valid buy-bust entrapment and a mere frame-up in drug cases, and what evidence convicts.

Intent to Gain in Robbery: When Helping a Neighbor Is Not a Crime

The Supreme Court acquitted a man of robbery for helping a neighbor move property, ruling that intent to gain must be proven beyond reasonable doubt.

Mortgage Validity Good Faith Requirement When Dealing With Agents

Lease vs Land Reform: Tenant Rights to Crops and Improvements Under CARP

When the government acquires land under CARP, who owns the standing crops and improvements—the landowner or the tenant? The Supreme Court clarifies.

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Preventive Suspension of Public Officials: When a Case Becomes Moot

Explore when a challenge to preventive suspension becomes moot, using the Supreme Court's ruling in Radaza v. Court of Appeals.

When a Wrong Remedy Costs an Appeal: The Deus v. People Doctrine on Liberal Construction

The Supreme Court reminds courts to relax procedural rules when an unrepresented accused files the wrong remedy, protecting the right to liberty.

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court explains why courts dismiss cases filed before administrative appeals are exhausted, using Oporto v. NPC.

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection

When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.

Judicial Independence vs Ethical Boundaries: The Meralco-GSIS Case

The Supreme Court's ruling on CA justices in the Meralco-GSIS case clarifies the ethical limits of judicial independence and propriety.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Regular Employment vs Fixed-Term Contracts: Security of Tenure for Electric Cooperative Linemen

When do fixed-term contracts mask regular employment? The Supreme Court clarifies security of tenure rules for linemen in Agusan del Norte Electric Cooperative v. Cagampang.

When the Ombudsman Must Yield to School Superintendents in Teacher Cases

The Supreme Court clarifies overlapping jurisdiction over administrative cases against public school teachers, and when the Ombudsman may still act.

Water District Directors' Per Diems Are Their Only Compensation

The Supreme Court ruled that water district directors may receive only per diems under PD 198, but those who acted in good faith need not refund disallowed benefits.

Automatic Lease Cancellation: Non-Payment of Rent Triggers Termination

A Supreme Court ruling confirms that a lease clause allowing automatic cancellation for unpaid rent takes effect by itself, leaving the lessee without any right to damages.