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Showing 1225–1248 of 19,251 articles for “eme”

Constructive Dismissal vs. Voluntary Resignation: Key Lessons from ABS-CBN v. Magno

The Supreme Court clarifies the burden of proof in constructive dismissal claims and the fine line between forced and voluntary resignation.

Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights

Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.

When Agrarian Reform Lands Cannot Be Foreclosed: The 10-Year Rule

A Supreme Court ruling on why a rural bank's foreclosure of an agrarian reform beneficiary's land within the 10-year retention period was void.

Death Abates Criminal Liability: Supreme Court Clarifies Extinguishment of Penalties and Civil Obligations

When an accused dies before final conviction, criminal liability and civil liability ex delicto are extinguished. The Supreme Court explains the rule and its exceptions.

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal

The Supreme Court clarifies when the Ombudsman's inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Promissory Note Alterations Raised for First Time on Appeal Not Considered

Supreme Court rules that a defense of material alteration of a promissory note cannot be raised for the first time on appeal.

When Delay Becomes Inordinate: Ombudsman's Slow Probe Nullifies Graft Indictment

The Supreme Court nullified a graft indictment against Southern Leyte officials, ruling the Ombudsman's 1,370-day preliminary investigation violated their right to speedy disposition.

The Weight of Eyewitness Testimony in Resolving Conflicts in Homicide Cases

How Philippine courts weigh eyewitness testimony against denial in homicide cases, explained through a recent Supreme Court ruling.

ERC's Duty to Act: Mandamus and the Independent Market Operator

The Supreme Court compels the ERC to act on IEMOP's market fees application, affirming the IMO transition under EPIRA.

Protecting Minors: Upholding Conviction in Child Rape Cases Despite Minor Inconsistencies

The Supreme Court affirms a child rape conviction, ruling that minor inconsistencies in a minor victim's testimony do not undermine credibility.

When a Stabbing Is Homicide, Not Murder: Lessons from Gumawid v. People

The Supreme Court affirms a homicide conviction, explaining how courts weigh eyewitness testimony, denial, and penalty computation under the Revised Penal Code.

SALN Misdeclaration: When Is It Simple Negligence, Not Serious Dishonesty?

The Supreme Court clarifies when a public official's SALN misdeclaration is simple negligence rather than serious dishonesty, and why explained wealth matters.

Hierarchy of Courts and Indigenous Peoples Rights: Anita Santos v. Gabaen

Supreme Court dismisses Anita Santos' petition against NCIP orders, affirming the doctrine of hierarchy of courts and limiting standing in IP rights disputes.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Protecting Land Titles: Collateral Attacks on Torrens Certificates in Property Disputes

Learn how the Supreme Court protects Torrens titles from collateral attacks in property disputes, and what this means for landowners facing title challenges.

Co-Ownership vs. Partition: Clarifying Property Rights in the Philippines

A co-owner may sell only his undivided share; buyers become co-owners, and the proper remedy is partition, not annulment.

Employer Vicarious Liability: When A Driver's Negligence Makes The Employer Liable

Philippine Supreme Court clarifies employer vicarious liability under Article 2180 when a driver's negligence causes injury.

Beyond the Timesheet: Ghost Employee Acquittal Hinges on Good Faith and Actual Service

The Supreme Court acquits a former board member and five job order employees in a ghost employee case, emphasizing that actual service and good faith defeat charges of graft and falsification.

Accountability in Robbery: The Reach of Conspiracy in Robbery With Homicide

When does a participant in a robbery become liable for a killing committed by a co-conspirator? The Supreme Court explains in People v. Boringot.

Separation of Powers in Local Governance: Valid Appointment of a Building Official

Supreme Court affirms that a city may create a separate building official office under the Local Government Code and National Building Code.

Separation of Powers: Defining the Roles of City Engineers and Building Officials in Local Governance

The Supreme Court clarifies that local governments may create a separate building official office distinct from the city engineer's office.

Finality of Judgments: Supreme Court's Stance on Modifying Executory Decisions in the Veloso Case

The Supreme Court reaffirms the immutability of final judgments, denying the OSG's bid to modify the Veloso deposition ruling.

Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes

Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.

Conspiracy in Grave Coercion: Proving Guilt Beyond Reasonable Doubt

The Supreme Court acquits a mayor of grave coercion, ruling that conspiracy requires proof beyond reasonable doubt, not mere speculation.