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Showing 1321–1344 of 19,251 articles for “eme”

Extinctive Prescription and Land Ownership When Delay Bars Recovery

When does delay bar recovery of land? The Supreme Court clarifies extinctive prescription and the rules on land ownership and registration.

Judicial Clemency in the Philippines: When Can a Dismissed Judge Be Forgiven

The Supreme Court explains the rules and requirements for judicial clemency, including the five-year minimum period before a dismissed judge can seek forgiveness.

Financial Support and Psychological Violence: Understanding the Limits of the VAWC Law

The Supreme Court clarifies that mere failure to provide financial support is not enough for conviction under the VAWC Law's psychological violence provision.

Tax Assessment Validity: Waivers and Due Dates Under Scrutiny

The Supreme Court nullified BIR deficiency assessments for First Gas Power due to defective waivers and missing due dates, clarifying prescriptive period rules.

Speedy Disposition of Cases: When Inordinate Delay Leads to Dismissal

The Supreme Court clarifies when delay in preliminary investigation violates the constitutional right to speedy disposition of cases, leading to dismissal.

Overcoming the Presumption in Seafarer Disability Claims and Employer Responsibilities in the Philippines

Philippine Supreme Court clarifies the disputable presumption of work-relatedness in seafarer disability claims, and the mandatory third-doctor referral rule.

Accountability Prevails Public Officials Held Civilly Liable Despite Acquittal In Illegal Funds Transfer Case

Acquittal in a criminal case does not erase civil liability. The Supreme Court explains why public officials must still answer for negligent handling of public funds.

Upholding Seafarer Rights: Employers Must Issue Clear Disability Assessment

Supreme Court rules a company doctor's vague medical report cannot defeat a seafarer's claim for total and permanent disability benefits.

Enforced Disappearance Proving Government Involvement IN Philippine LAW

The Supreme Court clarifies the evidentiary standard for enforced disappearance, requiring proof of government involvement in the deprivation of liberty.

Foreshore Occupancy Without Permit: Water Code Violation Upheld

The Supreme Court affirms that occupying foreshore land without a permit violates the Water Code, regardless of pending applications.

Just Compensation in Expropriation: Lessons from the Jaro Floodway Case

The Supreme Court clarifies how just compensation is determined in expropriation cases, including the role of zonal values and interest rates.

Protecting Minors Trafficking Conviction Upheld Despite Evidentiary Challenges

Supreme Court affirms life sentence for trafficking a minor, ruling that stipulated facts and credible testimony suffice despite evidentiary questions.

Seafarers' Disability Claims: Overcoming Concealment and Securing Benefits Under Philippine Law

The Supreme Court clarifies when a seafarer's failure to disclose pre-existing illness bars disability claims and how to secure benefits.

Waiver Validity and Estoppel: When Taxpayers Cannot Question Defective BIR Waivers

Philippine Supreme Court ruling on defective waivers of prescription, taxpayer estoppel, and BIR assessment periods explained in plain language.

Simple Negligence vs Dishonesty: Upholding Public Trust in Government Service

A look at how the Supreme Court treats simple neglect of duty versus dishonesty, and why Ombudsman decisions in administrative cases must be executed promptly.

Constructive Dismissal: Defining Unbearable Working Conditions in Philippine Labor Law

When does a difficult work environment become constructive dismissal? The Supreme Court clarifies the test in a seafarer's resignation case.

Constructive Dismissal: When Employer Actions Force a Resignation

The Supreme Court explains when a seafarer's resignation becomes constructive dismissal and why this claim failed.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement

Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.

HUC Voters and Provincial Plebiscites: The Del Rosario Ruling Explained

Can residents of a highly urbanized city vote in a provincial plebiscite? The Supreme Court says no—here's why.

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

When Judges Are Sued for Judicial Acts: Lessons from Tallado v. Racoma

The Supreme Court dismisses an administrative complaint against two RTC judges, ruling that judicial errors must be questioned through appeals, not disciplinary cases.

Online Psychological Abuse Under RA 9262: Higher Penalties When Committed Through Social Media

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262, and why using Facebook raises the penalty by one degree.

Contractor or Employer: Defining the Boundaries of Labor-Only Contracting in the Philippines

The Supreme Court clarifies when a contractor is a legitimate job contractor rather than a labor-only contractor, and who is the true employer.