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Showing 12241–12264 of 19,284 articles for “eme”

When Certiorari Cannot Replace a Lost Appeal: Villanueva v. Quisumbing

Supreme Court clarifies that certiorari cannot substitute for a lost appeal, and distinguishes grave misconduct from disgraceful and immoral conduct.

Ombudsman's Power to Investigate COA Findings Not a Prerequisite: PAL Officers Case

Supreme Court rules Ombudsman lacks jurisdiction over officers of GOCCs without original charters, like PAL. Learn the limits of Ombudsman power.

Prosecutorial Discretion vs Judicial Review: Navigating Anti-Graft Cases in the Philippines

The Supreme Court clarifies when courts may interfere with the Ombudsman's power to investigate and prosecute anti-graft cases.

Sailing in Troubled Waters: The High Cost of Misrepresentation in Philippine Vessel Registration

A look at how the Supreme Court ruled on SEC's cease and desist powers and the dangers of corporate misrepresentation.

Morality vs Misconduct: Defining the Boundaries of Public Service Decorum

The Supreme Court clarifies when private immorality becomes administrative misconduct, and why certiorari cannot replace a lost appeal.

Family Home Protection Consent Requirements IN Real Estate Mortgages Involving Married Couples

Implied Tenancy in the Philippines: When Land Use Creates Tenant Rights

Philippine Supreme Court clarifies when implied tenancy arises in agrarian disputes, and why an overseer's acts alone cannot create tenant rights.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

Illegal Dismissal and Loss of Trust: Rules Employers Must Follow in the Philippines

Understand when dismissal for loss of trust is valid in the Philippines, and why the Supreme Court ordered reinstatement in C.F. Sharp v. Zialcita.

Private Complainants May File Certiorari in Criminal Cases: Rodriguez v. Gadiane

When can a private complainant in a criminal case file certiorari without the prosecutor's conformity? The Supreme Court explains in Rodriguez v. Gadiane.

Bouncing Checks Liability Without the Original Check: Key Lessons from Arceo v. People

Philippine Supreme Court ruling explains when a person can be held liable under BP 22 even if the original check is lost or missing.

When Can a Judge Be Held Administratively Liable? Lessons from Roxas v. Judge Eugenio

The Supreme Court clarifies that judges are not administratively liable for every erroneous ruling, only for errors made with malice or bad faith.

Dismissal for Dishonesty, Habitual Absences and Immoral Conduct in Public Service

A Supreme Court ruling reminds public servants that dishonesty, habitual absenteeism and immoral conduct are separate grounds for dismissal from government service.

Exhaustion of Administrative Remedies: When Can You Skip the Bureaucracy and Go to Court

Philippine Supreme Court explains the doctrine of exhaustion of administrative remedies and its exceptions, using a GSIS dismissal case as an example.

Ensuring Fair Trials: Addressing Allegations of Bias and Partiality in Philippine Courts

The Supreme Court dismisses an administrative complaint against a judge for alleged bias, clarifying when a judge's adverse rulings amount to partiality and when they do not.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Dismissed Appeal: Why Following Court Rules Matters in Philippine Litigation

A Supreme Court ruling shows why procedural rules matter: a Rule 43 petition wrongly filed against a DOJ resolution was dismissed.

Preventive Suspension of Public Officials: When Does It Apply

The Supreme Court explains when courts must order preventive suspension of public officials under the Anti-Graft law, and its limits.

Executive Privilege vs Legislative Oversight: Defining the Limits of Presidential Power

The Supreme Court struck down E.O. 464's blanket ban on executive officials appearing before Congress, clarifying the proper scope of executive privilege in legislative inquiries.

Second Chances in Law: Lifting Suspension and Releasing Leave Credits After Misconduct

The Supreme Court lifts a dismissed lawyer's suspension and orders release of leave credits, but keeps the ban on government re-employment.

Dismissal of Appeals: Why Following Court Rules Matters

Learn why the Supreme Court dismissed a petition for review from the Secretary of Justice's resolution, and the importance of following proper court procedures.

Non-Retroactivity of BIR Rulings: The Benguet Case and Taxpayer Protection

Learn how the Supreme Court protects taxpayers from retroactive BIR rulings, based on the landmark Benguet Corporation case.

Burden of Proof in Philippine Contract Law: Why Evidence Matters in Usage-Based Agreements

Philippine Supreme Court ruling on Skippers United Pacific v. NLRC clarifies employer burden of proof in seafarer dismissal cases and evidentiary standards.

Due Process at Sea: Seafarers' Rights Against Illegal Dismissal in Philippine Law

Understand the Supreme Court's ruling on due process and loss of trust in dismissing confidential employees under Philippine law.