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Showing 11161–11184 of 19,283 articles for “eme”

Guilty Plea Improvidence Evidence Trumps Error IN Child Rape Case

Supreme Court clarifies when an improvident guilty plea in a capital offense does not invalidate a rape conviction.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.

Reasonable Doubt and Prior Inconsistent Actions in Philippine Rape Cases

How the Supreme Court weighed credibility, prior sexual history, and the sweetheart defense in a rape conviction.

Rape Conviction Upheld Despite Victim's Mental Incapacity: People v. Constantino

The Supreme Court affirmed a rape conviction where the victim had the mental age of a child, clarifying that mental incapacity negates consent under Philippine law.

Debt-to-Equity Conversions and Stockholder Rights in Sequestered Corporations

The Supreme Court clarifies that ordinary courts lose jurisdiction over disputes involving sequestered corporations, which must be heard by the Sandiganbayan.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Duterte v. Kingswood: Burden of Proof in Disease-Based Dismissals

Philippine Supreme Court clarifies that employers, not employees, must secure a health authority certification to validly terminate on disease grounds.

Burden of Proof in Illegal Dismissal Cases: Employer's Duty to Certify Illness

In Duterte v. Kingswood Trading, the Supreme Court held the employer, not the worker, must prove that illness justified a dismissal.

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.

Government Liability When Illegal Land Seizure Requires Just Compensation

Supreme Court ruling on government liability for illegally seized property, default judgments, and limits on monetary awards.

Motion for Reconsideration: An Essential Step Before Certiorari

Learn why the Supreme Court requires a motion for reconsideration before filing a petition for certiorari, and the exceptions to this rule.

Valid Buy-Bust Operation Upholds Conviction Despite Chain of Custody Concerns in Drug Cases

The Supreme Court affirms a drug conviction, ruling that minor lapses in chain of custody do not automatically warrant acquittal when the evidence's integrity is preserved.

Real Property Tax Exemption: Government Instrumentalities vs. Beneficial Use by Private Entities

When does a government agency's real property tax exemption end? The Supreme Court clarifies the rule on leased government properties.

Shares of Stock and Due Diligence: Examining the Duty to Verify Ownership in Legal Disputes

A look at Jimmy T. Go v. Abrogar, where the Supreme Court ruled on the duty to verify share ownership before claiming attachment rights.

Binding Amicable Settlements: Understanding Repudiation in Barangay Justice

When is a barangay amicable settlement binding? The Supreme Court explains repudiation rules under the Local Government Code.

Philippine Government Employees and the Right to Protest: Understanding the Limits of Mass Actions

The Supreme Court clarifies the scope of civil servants' right to protest and the legal boundaries of mass actions in the Philippines.

Valid Service of Summons: Who Counts as a Corporate Agent in Philippine Law

Philippine Supreme Court clarifies when service of summons on a corporate employee binds the corporation, using Weena Express v. Rapacon.

Undue Delay in Rendering Decisions: When Judicial Efficiency Meets Due Process

The Supreme Court holds judges accountable for undue delay in rendering decisions, explaining the constitutional duty and consequences.

Double Jeopardy and Amendment of Information: Pacoy v. Cajigal Explained

When can a court amend a charge from homicide to murder after arraignment? The Supreme Court clarifies the rules on amendment, substitution, and double jeopardy.

AWOL and Reinstatement: The Scope of Appointing Authority in Philippine Civil Service

Explaining Jaucian v. Wycoco on AWOL, automatic separation from the rolls, and the appointing authority's discretion over reinstatement.