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Showing 1153–1176 of 19,247 articles for “eme”

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Dismissed Electric Cooperative GM Can't Claim Retirement: NEA Jurisdiction Ruling

Supreme Court affirms NEA's exclusive jurisdiction over electric cooperative GM retirement claims, forfeiting benefits upon valid dismissal.

Proving Foreign Law in Philippine Courts: Republic v. Kikuchi on Divorce Recognition

The Supreme Court clarifies what evidence proves foreign divorce law in the Philippines, remanding a case for failure to establish Japanese law.

Stare Decisis and Employer Status in Labor Contracting Disputes

The Supreme Court applies stare decisis in labor contracting cases, reaffirming that Consolidated Building Maintenance, Inc. is a legitimate job contractor.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Good Faith vs Criminal Intent: When a Mistake Isn't Estafa

The Supreme Court acquits a jeepney driver of estafa, clarifying that good faith and lack of criminal intent negate conspiracy in fraud cases.

No-Spouse Employment Policies: Balancing Business Needs and Marital Rights in the Philippines

Philippine Supreme Court clarifies psychological incapacity rules in Laroco v. Laroco, reshaping how courts evaluate marriage nullity cases.

Condominium Dues and VAT: Supreme Court Clarifies Taxability of Association Fees

The Supreme Court confirms that condominium association dues are not subject to VAT, income tax, or withholding tax.

Foreign Divorce Recognition in the Philippines: Proving Japanese Law Matters

The Supreme Court clarifies what evidence is needed to recognize a foreign divorce in the Philippines, focusing on proving foreign law.

Psychological Incapacity After Tan-Andal: The Laroco Ruling Explained

Understand how the Supreme Court's Laroco ruling applies the Tan-Andal framework on psychological incapacity, shifting focus to mutual incompatibility.

SEC Accreditation of CPAs: Supreme Court Limits SEC Power Over Accountancy Practice

The Supreme Court struck down SEC rules requiring CPA accreditation for external auditors, affirming the Board of Accountancy's exclusive regulatory power.

Good Faith and the Duty to Return Illegally Granted Benefits in the NHA

Explore the Supreme Court's ruling on good faith and the obligation to return illegally granted benefits in the National Housing Authority.

Mining Rights vs Indigenous Rights: Prior Consent Is Paramount for MPSA Renewal

Supreme Court rules FPIC and NCIP certification are mandatory for MPSA renewal, protecting indigenous peoples' ancestral domain rights.

Land Registration Reopened: New Evidence and RA 11573 Can Overcome Res Judicata

The Supreme Court allows previously denied land registration applications to proceed under RA 11573, easing proof requirements and overcoming res judicata.

Unlawful Arrest and Evidence Suppression in Firearm Cases: A Constitutional Safeguard

The Supreme Court clarifies when warrantless arrests and seizures violate constitutional rights in firearm possession cases.

Taxpayers May Await Commissioner's Decision Before Appealing BIR Assessments to CTA

Supreme Court clarifies taxpayers may await the Commissioner's ruling on a protested BIR assessment before filing an appeal with the Court of Tax Appeals.

Work Conditions and Illness: Proving Increased Risk for Employee Compensation

Supreme Court clarifies that non-occupational illnesses are compensable if work conditions increased the risk of contracting them, requiring only substantial evidence.

Work-Related Aggravation Proving Entitlement to Death Benefits for Non-Occupational Diseases

The Supreme Court clarifies the evidentiary standard for death benefits when the illness is not a listed occupational disease.

When Holding Two Positions Is Not Grave Misconduct: Espinas v. Ombudsman

Explaining the Supreme Court's ruling that holding concurrent public and private bank positions, without corrupt intent, is not automatically grave misconduct.

Chain of Custody Doubt in Drug Cases Leads to Acquittal

Supreme Court acquits drug suspect after prosecution fails to prove every link in the chain of custody, stressing the need for complete witness testimony.

Omission vs False Statement: Protecting Labor Rights in Employment Applications

Supreme Court rules mere omission of past employment in a job application is not false information justifying dismissal.

Reasonable Doubt Prevails: Acquittal in Graft and Malversation Case Due to Hearsay Evidence

Supreme Court acquits mayor and barangay captain of graft and malversation, ruling that hearsay evidence and admissions alone cannot prove guilt beyond reasonable doubt.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Dual Roles Divided Loyalties When Public Service AND Private Interests Collide

Supreme Court rules on when public service and private interests collide, and how employees can be dismissed for divided loyalties.