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Showing 11281–11304 of 19,283 articles for “eme”

When Counsel's Negligence Binds the Client: Lessons from Pfizer v. Galan

A 2007 Supreme Court ruling clarifies when a lawyer's procedural lapse binds the client in labor disputes and when courts may relax the rules.

When Working Conditions Worsen Ailments Entitlement TO Employee Compensation

Philippine Supreme Court rules on employee compensation when working conditions increase the risk of contracting an ailment.

Contract to Sell vs Contract of Sale: How Ownership Transfers in the Philippines

Philippine Supreme Court explains the key difference between a contract to sell and a contract of sale, and when property ownership actually transfers.

Election Protests and the Five-Day Rule: Why Timely Appeals Matter in Barangay Election Cases

A Supreme Court ruling shows why a late motion for reconsideration in a barangay election protest can be fatal, even when the merits seem strong.

When Limited Liability Doesnt Shield a Shipowner: The Aboitiz Shipping Ruling

Explaining when a shipowner's limited liability defense fails, based on the Supreme Court's ruling in Aboitiz Shipping v. New India Assurance.

Security of Tenure: Proving Tenancy Rights in Agricultural Land Disputes

The Supreme Court clarifies that tenancy cannot be presumed; all six elements must be proven for security of tenure.

Voluntary Resignation vs Constructive Dismissal: What Philippine Employees Must Prove

When is a resignation forced? The Supreme Court clarifies the burden of proof in constructive dismissal cases under Philippine labor law.

Upholding Labor Rights: The Limits of Loss of Trust in Employee Dismissal

Philippine Supreme Court ruling clarifies that loss of trust and confidence cannot justify employee dismissal without clear, proven basis.

Finality of Judgment and the Limits of Appellate Review in Philippine Courts

When can courts revisit decided cases? The Supreme Court explains finality of judgment, appellate jurisdiction, and contract to sell rules.

Probable Cause in Estafa Through Falsification: DOJ Discretion Upheld in Go v. Court of Appeals

Supreme Court affirms DOJ's withdrawal of estafa charges, upholding prosecutorial discretion absent grave abuse and technical rules on appeals.

Jurisdictional Boundaries Resolving Ownership Issues In Forcible Entry Cases

Philippine Supreme Court clarifies that MTCs retain jurisdiction over forcible entry cases even when ownership issues arise, resolving only for possession.

Untimely Appeal: The Finality of COMELEC Decisions and the Importance of Timely Filing

The Supreme Court affirms that a motion for reconsideration filed beyond the five-day period before the COMELEC is dismissible, underscoring the strict observance of procedural deadlines in election c

Revival of Judgment and Venue: When Real Property Interests Determine the Proper Court

Philippine Supreme Court ruling on where to file an action to revive a judgment involving real property, and why venue depends on the nature of the underlying action.

Rape Conviction Upheld: Victim Testimony and Immediate Reporting Matter

Supreme Court affirms rape conviction, stressing that credible victim testimony and prompt reporting outweigh the accused's unsupported "sweetheart defense."

Lawyer Disbarred for Accepting Private Cases and Fees While in Government Service

Supreme Court disbars PAO lawyer for taking private cases and attorney's fees, violating ethical rules and deceiving a client.

Dismissal for Falsifying Time Records: Court Interpreter's Act of Punching a Colleague's Time Card

Court interpreter dismissed for punching a colleague's time card. The Supreme Court rules such acts are falsification and dishonesty, grave offenses warranting dismissal.

Judicial Accountability: Timeliness and Accreditation Rules for Legal Publications

Supreme Court fines judge for undue delay and violating accreditation rules for legal publications under A.M. No. 01-1-07-SC.

Finality of Judgment and Lawyer Accountability in Disbarment Cases

Supreme Court denies disbarred lawyer's attempt to reopen final judgment, citing immutability doctrine and imposing contempt for non-compliance.

Contractual Obligations Upholding Interest Payments IN Real Estate Agreements

People v. Abulon: Penetration, Consent, and Rape by Sexual Assault in the Family Home

A 2007 Supreme Court ruling on incestuous rape clarifies when tongue insertion counts as rape, when it is acts of lasciviousness, and how a father's moral sway replaces force.

Certiorari Cannot Substitute for a Lost Appeal: Lessons from Negros Merchants v. China Banking

When can a denied motion to dismiss be challenged by certiorari? The Supreme Court clarifies the rule on interlocutory orders and forum shopping.

When Contractual Disputes Must Go to Arbitration and Courts, Not the HLURB

Philippine Supreme Court clarifies when condominium disputes belong to arbitration or courts, not the HLURB, in Frabelle Fishing Corp. ruling.

Financial Crisis as Fortuitous Event: Real Estate Contract Obligations in the Philippines

Philippine Supreme Court ruling on whether the 1997 Asian financial crisis excuses a developer's failure to deliver condominium units.

Retraction vs Initial Statements: Weighing Evidence in Illegal Dismissal Cases

When an employee is dismissed for serious misconduct, how should courts weigh a witness's retraction against initial statements? The Supreme Court clarifies.