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Showing 13057–13080 of 19,285 articles for “eme”

Duty vs Discretion: When Court Employees' Conduct Falls Short

A sheriff's duty to execute a writ is ministerial, not discretionary. The Supreme Court explains why delays in implementing court orders constitute dereliction of duty.

Customs Search vs Unlawful Seizure: Limits of Airport Security

Philippine Supreme Court ruling on warrantless customs searches at airports, balancing constitutional rights against anti-smuggling enforcement.

Agrarian Reform Succession and Prescription: De Tumol v. Esguerra

The Supreme Court ruled that a daughter's claim to succeed her father's farmholding was barred by prescription and laches, upholding the DAR order favoring her brother.

Quitclaims in Labor Disputes: When Voluntary Settlements Are Valid and Binding

The Supreme Court clarifies when quitclaims in labor disputes are valid, emphasizing voluntary agreement and reasonable settlement over mere allegations of coercion.

Business TAX Accrual Clarifying Taxable Period Upon Business Retirement

Employer Status and Return-to-Work Orders: PLDT v. MKP on Labor Disputes

The Supreme Court rules on the limits of the Labor Secretary's power to exclude redundant workers from return-to-work orders under Article 263(g).

Protecting the Vulnerable: Upholding Rape Conviction Despite Victim's Mental Retardation

The Supreme Court affirms a rape conviction, ruling that a mentally retarded victim's straightforward testimony remains credible and sufficient for conviction.

Preliminary Injunction vs. Government Bidding: PPA v. Cipres Stevedoring (G.R. No. 145742)

The Supreme Court ruled that courts cannot stop government cargo handling bids, and that a hold-over permit creates no vested right to a contract.

Counsel's Negligence Binds the Client: Jaramillo v. Court of Appeals and the Lost Appeal

In Jaramillo v. Court of Appeals, the Supreme Court held that a client is bound by counsel's negligence and that certiorari cannot replace a lost appeal.

Breach of Trust in Employment: Substantiation Required for Valid Termination

Philippine Supreme Court clarifies that employers must prove breach of trust with substantial evidence before terminating employees for loss of confidence.

Lawyer Advertising Balancing Professional Dignity With Public Access TO Legal Services

The Supreme Court clarifies the line between lawyer advertising and professional dignity, balancing public access to legal services with ethical standards.

Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions

The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.

Agrarian Law Livestock Farms Exempt From CARP Coverage If Primarily Devoted To Livestock Raising Before 1988

Philippine Supreme Court ruling on when livestock farms are exempt from agrarian reform coverage under CARP and RA 6657.

Lease After Foreclosure Overrides Writ of Possession: Philippine Rule

A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.

When Can Multiple Parties Be Included in a Single Lawsuit? Permissible Joinder Explained

Learn the rules on permissible joinder of parties in Philippine civil cases, explained through Supreme Court rulings in plain language.

Equitable Interest When Mortgage Rates Clash With Legal Limits in the Philippines

Philippine Supreme Court ruling on redemption rights, mortgage rates, and legal limits in Banco Filipino case.

Redemption Rights Strict Compliance AND THE Limits OF Repurchase Agreements After Foreclosure

Philippine Supreme Court ruling on strict compliance with statutory redemption periods and limits of repurchase agreements after foreclosure.

Public Officials' Liability in Infrastructure Projects: The Brucal Case

Supreme Court clarifies when public engineers face dismissal for gross neglect in infrastructure projects, and when dishonesty charges fail.

Upholding Judicial Integrity: Dismissal of Charges Based on Insufficient Evidence of Collusion

Supreme Court denies surety's petition, ruling that procedural lapses and failure to timely challenge bail bond forfeitures bar relief.

Mutuality of Contracts: When One-Sided Termination Clauses in Employment Contracts Are Void

The Supreme Court explains when a termination clause that leaves dismissal to one party's sole judgment violates the mutuality principle under Article 1308 of the Civil Code.

Salary Standardization Act: The July 1, 1989 Cut-Off for Non-Integrated Benefits

Supreme Court clarifies that only incumbents as of July 1, 1989 may continue receiving non-integrated benefits like the NTA's Educational Assistance Incentive Bonus.

Possession vs Ownership: How Tax Declarations and Evidence Resolve Land Disputes

A Supreme Court ruling explains how tax declarations and evidence of possession resolve land disputes, and why paper title alone may not win the case.

Unjust Enrichment and Contractual Obligations: Lessons from Limaco v. Shonan Gakuen

Philippine Supreme Court ruling on void land sales, down payment refunds, and unjust enrichment in Limaco v. Shonan Gakuen.

When Can You Appeal a Denied Motion to Dismiss? Lessons from Bonifacio Construction

Philippine Supreme Court clarifies that denial of a motion to dismiss is interlocutory, not appealable via certiorari. Learn the proper remedy.