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Showing 13705–13728 of 19,285 articles for “eme”

Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling

When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.

Negligence in Highway Collisions: Bus Operator, Truck Owner, and Insurer Liabilities

Philippine Supreme Court ruling on negligence in a bus-truck collision, covering common carrier liability, truck owner responsibility, and insurer obligations.

Due Process in Administrative Cases: What Velasquez v. Hernandez Teaches About Fair Hearing and Evidence

The Supreme Court clarifies due process and substantial evidence rules in administrative cases, reversing a Court of Appeals ruling that had nullified a CSC dismissal order.

Limits to Property Rights: Balancing Bank Security and Depositor Access

Philippine Supreme Court ruling on when a bank may bar a dismissed employee-depositor from its premises without abusing property rights.

When Election Rules Override Commercial Contracts: The Chavez v. COMELEC Precedent

Can election rules force removal of product endorsements featuring a candidate? The Supreme Court says yes, explaining why.

Habitual Tardiness in Public Service: Defining the Boundaries of Excusable Lateness

Philippine Supreme Court ruling clarifies that health and traffic issues do not excuse habitual tardiness in government service.

Reconstitution of Title: Proving Ownership and Loss Under RA 26

Philippine Supreme Court ruling on what evidence is required to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Sheriffs Duty and Public Trust: Dismissal Risk for Misconduct in Execution of Court Orders

Habitual tardiness by a sheriff is grave misconduct betraying public trust; the Supreme Court explains why punctuality is integral to judicial duty.

Court Employees Cannot Act as Insurance Agents: A Lesson in Judicial Ethics

The Supreme Court fined a process server for facilitating bail bonds through a surety company, reaffirming the ban on court employees engaging in insurance activities.

Hazard Pay Eligibility: Defining Public Health Workers Under Philippine Law

Supreme Court clarifies who qualifies as public health workers for hazard pay under RA 7305, using the GSIS case as example.

Upholding Ethical Conduct: Disbarment Case Dismissed Despite Forum Shopping Finding

The Supreme Court clarifies that a final forum shopping finding does not automatically warrant disbarment without clear evidence of deceitful intent.

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Legal Duty

The Supreme Court suspends a sheriff for habitual tardiness, stressing that court employees must strictly observe official time.

Balancing Discretion and Qualification: Upholding the Appointing Authority in Civil Service

The Supreme Court affirms that appointing authorities have discretion in promotions, provided appointees meet qualification standards.

Illegal Dismissal and Retirement Age: When Expiring Contracts Mask Unlawful Termination

Supreme Court clarifies when a "contract expiration" is really illegal dismissal, and why early retirement requires an employee's explicit consent.

Reconstitution of Lost Title: When Is the Evidence Sufficient?

Supreme Court clarifies the standards for judicial reconstitution of lost certificates of title under Republic Act No. 26.

Habitual Tardiness in Public Service: Upholding Accountability and Efficiency

A Supreme Court resolution on habitual tardiness in the judiciary explains how the offense is defined, why excuses fail, and what penalties apply to court employees.

Security of Tenure When School Policies Lead to Illegal Dismissal

Philippine Supreme Court ruling on constructive dismissal of a permanent teacher due to discriminatory school policies and security of tenure violations.

Procedural Deadlines Matter: Why Second Extension Motions Can Sink Your Appeal

Philippine Supreme Court ruling on why a second motion for extension to file an appeal can be fatal, and what litigants must know about Rule 42 deadlines.

Seafarer Re-Employment Bonus: Proving Vessel Classification for Incentive Claims

Philippine Supreme Court ruling on seafarer re-employment bonus claims, burden of proof for vessel classification, and contractual status of seafarers.

Upholding Integrity: Dismissal for Dishonesty in Court Fund Handling

The Supreme Court dismisses a clerk of court for gross dishonesty and unauthorized withdrawals from the judiciary's fiduciary fund in a landmark accountability ruling.

Burger Battle: Protecting Trademarks and Preventing Unfair Competition in the Philippines

Philippine Supreme Court clarifies trademark infringement and unfair competition tests in the McDonald's "Big Mac" vs. "Big Mak" case.

When Courts May Relax Procedural Rules: The Notice of Hearing Requirement

Philippine Supreme Court explains when courts may relax procedural rules like the notice of hearing requirement, balancing technicality against substantial justice.

Power Lines and Property Rights: Determining Just Compensation for Easements

When power lines cross private land, is the owner owed an easement fee or full property value? The Supreme Court clarifies.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.