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Showing 13417–13440 of 19,285 articles for “eme”

Due Process in Employee Dismissal: The Two-Notice Rule Under Philippine Labor Law

Philippine law requires employers to follow the two-notice rule before dismissing employees. Learn what this means from a Supreme Court ruling.

Dishonesty in Public Service: Forfeiture of Benefits Despite Resignation

The Supreme Court ruled that a court employee's resignation does not erase administrative liability for dishonesty, and his retirement benefits may still be forfeited.

Creek Ownership and Land Disputes: Public vs. Private Property Rights

A Supreme Court ruling clarifies that creeks are public property, not private land, and how this affects boundary disputes.

Upholding Due Process: Employees' Right to Notice in Termination Cases

Philippine Supreme Court ruling clarifies that resignation does not shield court employees from administrative liability for dishonesty and grave misconduct.

HRET Jurisdiction Over Election Contests After a Congressman's Proclamation

Once a winning congressional candidate is proclaimed and assumes office, the HRET, not the COMELEC or Supreme Court, has sole jurisdiction over election contests.

Filing Suits Is a Right, Not Harassment: Gatmaytan v. Ilao

When does filing a lawsuit cross the line into harassment under the Code of Professional Responsibility? The Supreme Court clarifies the boundary.

Breach of Contract to Sell in the Philippines: When Can a Buyer Claim Damages?

Full payment of a lot does not automatically entitle a buyer to moral damages. The Supreme Court explains what must be proven, and what can be recovered.

Lis Pendens and Good Faith: When a Notice Is Not Enough to Protect Land Rights

A Supreme Court ruling explains when a notice of lis pendens cannot defeat a prior buyer in good faith.

Certiorari as an Improper Substitute for a Lost Appeal: The Importance of Timely Filing

A Supreme Court ruling reminds litigants that certiorari cannot replace a lost appeal, and that probable cause in preliminary investigations rests on probability, not certainty.

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

Upholding Agrarian Reform Tenant Rights and Land Coverage Under CARP

A Supreme Court ruling affirms tenant rights and CARP coverage over titled agricultural land, rejecting corporate attempts to evade agrarian reform obligations.

Due Process in Administrative Cases: Suspension, Not Dismissal, for First-Time Inefficiency

Philippine Supreme Court clarifies that first-time inefficiency in public service warrants suspension, not dismissal, under Civil Service rules.

Unlawful Detainer and Estate Possession: Lessons from Umpoc v. Mercado

Philippine Supreme Court ruling on unlawful detainer, estate administrators' possessory rights, and unregistered deeds in ejectment cases.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

Tenant's Right of Redemption: Protecting Farmers When Land Is Sold Without Notice

Philippine Supreme Court ruling on agricultural lessees' right to redeem land sold without notice under RA 3844.

Reconveyance Actions Protecting Land Ownership Despite Title Indefeasibility

Philippine Supreme Court clarifies that Torrens titles become indefeasible after one year, but reconveyance actions remain available to true owners.

Finality Prevails: No Appeal from Presumptive Death Declarations Under the Family Code

The Supreme Court clarifies that judgments in summary judicial proceedings for presumptive death under Article 41 of the Family Code are immediately final and executory, leaving no room for appeal.

Labor Unions and Taxpayer Standing in Constitutional Challenges: The AIWA Case

The Supreme Court dismissed labor unions' challenge to E.O. 185 for lack of standing, clarifying the rules on locus standi and judicial review.

When Possession Does Not Equal Ownership: Land Registration and the Alienable and Disposable Requirement

Philippine Supreme Court clarifies when possession of public land can ripen into ownership for registration under the Property Registration Decree.

Tuition Fee Increases and Employee Benefits: Ensuring Fair Allocation of Incremental Proceeds

Philippine Supreme Court rules on how to compute incremental proceeds from tuition fee increases for employee benefits under RA 6728.

Indispensable Parties and Representative Capacity in Property Disputes

Supreme Court ruling on indispensable parties, representative capacity to sue, and quieting of title actions in property disputes.

B.P. 22 Liability: Severing Accommodation Deals Does Not Erase Knowledge of Insufficient Funds

Signing blank checks for an accommodation arrangement can create B.P. 22 liability even after severing ties. Learn the rules from Benjamin Lee v. CA.

Notarial Negligence: A Lawyer's Duty to Supervise and the Risks of Delegating Notarial Functions

The Supreme Court suspended a notary public for letting office secretaries handle his notarial duties, underscoring a lawyer's personal responsibility over notarization.