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Showing 1177–1200 of 19,251 articles for “eme”

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Per Diem vs Honoraria: Defining Compensation Limits for Government Board Members

Supreme Court clarifies when government board members may receive honoraria beyond their per diem, and when approving officers may be held liable.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

When Court Errors Are Not Misconduct: Ombudsman Decisions and Judicial Review

Understand when judges can be disciplined for erroneous rulings and when errors must be raised through judicial remedies instead.

Proving Online Abuse: Supreme Court Sets Guidelines on Social Media Authorship in VAWC Cases

The Supreme Court clarifies how to prove authorship of abusive social media posts and raises penalties when ICT is used in VAWC offenses.

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Harassment

Supreme Court rules that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

Revitalizing Judicial Education THE Supreme Courts NEW Approach TO Philja Appointments AND Reappointments

The Supreme Court clarifies the Environment Secretary's authority to cancel mineral production sharing agreements without prior MGB recommendation.

Upholding Government Procurement Standards: The Duty of Bids and Awards Committees to Ensure Lawful Transactio

The Supreme Court clarifies that Bids and Awards Committees must justify direct contracting and cannot rely blindly on recommendations, ensuring lawful government procurement.

Courts Must Respect CIAC Arbitral Awards: Key Lessons from ASEC v. Toyota Alabang

The Supreme Court reminds courts to defer to CIAC arbitral tribunals' factual findings, preserving the finality and integrity of construction arbitration.

Psychological Incapacity Proving Marital Nullity Beyond Expert Testimony

The Supreme Court clarifies that psychological incapacity under Article 36 need not be proven by expert testimony alone, but the totality of evidence must still show grave, juridically antecedent, and

Untimely Medical Assessments Protecting Seafarers Rights TO Disability Benefits

When company doctors miss the deadline for a final assessment, a seafarer's disability is deemed permanent and total.

Direct Contracting in Government Procurement: When Exemptions Lead to Liability

The Supreme Court clarifies when direct contracting in government procurement is allowed and when it leads to administrative liability for public officers.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

Good Faith Defense in Graft Cases: When Official Duty Is Not Corruption

The Supreme Court acquits public officers of graft, ruling that honest mistakes in performing official duty are not corruption absent corrupt motive.

Annulment of Judgment: Jurisdiction vs. Exercise of Authority in Land Title Disputes

Philippine Supreme Court clarifies the distinction between lack of jurisdiction and excess of jurisdiction in annulment of judgment cases involving land titles.

Regularization Case vs Illegal Dismissal: When Filing Both Is Not Forum Shopping

Workers can file illegal dismissal cases while regularization cases are pending—the Supreme Court clarifies the limits of forum shopping in labor disputes.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Unfair Dismissal: Protecting Employees From Arbitrary Termination and Belated Evidence

The Supreme Court clarifies the rules on belated evidence in labor cases and reaffirms protections against illegal dismissal under Philippine law.

Mining Rights vs Land Patents: When a Mining Claim Does Not Beat a Free Patent

The Supreme Court explains why a mining claim holder cannot annul free patents without proving ownership and fraud. Key lessons for property disputes.

Tenant Rights vs Landowner Control: Clarifying Agrarian Dispute Jurisdiction in the Philippines

The Supreme Court clarifies when courts must refer ejectment cases to the DAR and what the DAR certification must contain.

Breach of Public Trust Accountability for Misuse of Government Funds

Supreme Court affirms dismissal of PCG official for serious dishonesty, grave misconduct, and conduct prejudicial to the best interest of the service.

Disallowed Expenses Local Officials Must Refund Illegally Received Funds

Supreme Court rules local officials must refund disallowed EME funds, clarifying good faith does not excuse liability.