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Showing 14089–14112 of 19,285 articles for “eme”

Anonymous Complaints and Civil Service Discipline: Ensuring Fair Process in Government Oversight

When can anonymous complaints trigger civil service discipline? The Supreme Court clarifies the rules on initiating administrative cases against government employees.

Child Victim's Testimony and the Fine Line Between Consummated and Attempted Rape

Philippine Supreme Court clarifies when a child's testimony proves consummated rape versus attempted rape, and the penalties for each.

Piercing the Corporate Veil: When Can a Parent Company Be Held Liable for a Subsidiary's Labor Violations

Philippine Supreme Court ruling on when related corporations may be treated as one employer for labor liability, including separation pay and backwages.

Reasonable Doubt and Physical Evidence: When Witness Testimony Prevails in Murder Cases

Philippine Supreme Court ruling on how credible witness testimony outweighs an accused's claim of accident, and when treachery fails as a qualifying circumstance.

Certiorari vs Appeal: Choosing the Correct Remedy Against Government Decisions

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, and that the remedy against many agency decisions is a timely petition for review.

Setting Bail Judges Must Consider Offenders Finances

Philippine Supreme Court ruling on bail discretion, judicial misconduct, and the duty of judges to resist pressure when setting bail.

When a Title Is Not Enough: Resolving Property Disputes Beyond Formal Ownership

A land dispute shows why formal titles can lose to equitable claims, and why the right appeal remedy matters in Philippine property cases.

Business Losses vs Labor Rights: Separation Pay Eligibility in Company Closures

Philippine Supreme Court clarifies when serious business losses exempt employers from paying separation pay under Article 283 of the Labor Code.

Sheriffs Authority IN Ejectment Implementing Writs AND Protecting Personal Property

Tax Sale Trumps Mortgage Foreclosure When Property Title Shifts Due to Tax Delinquency

Supreme Court rules that a tax delinquency sale can render a mortgage foreclosure petition moot and academic when title has already transferred.

When Ambiguity Clouds Inheritance Agreements: The Quiros v. Arjona Ruling

A barangay settlement left the land unidentified. The Supreme Court ruled the deal valid but unenforceable, pointing heirs to reformation instead of nullity.

Management Prerogative vs. Constructive Dismissal: The BENECO Ruling

The Supreme Court upheld an electric cooperative's transfer of an employee, ruling it was a valid management prerogative and not constructive dismissal.

Security of Tenure vs Valid Reassignment: Protecting Public Employees From Constructive Dismissal

The Supreme Court clarifies when a demotion amounts to constructive dismissal and when an employee may be considered retired.

Annulment of Ombudsman Decisions: Why the Court of Appeals Has No Jurisdiction

The Supreme Court clarifies that the Court of Appeals cannot annul Ombudsman decisions in administrative cases—only appeals under Rule 43 are allowed.

Accidental Shooting Intent and Liability in Firearm Mishaps Under Philippine Law

Philippine Supreme Court ruling on robbery with homicide clarifies criminal liability when killings occur during heists, even if accidental.

Lawyer Suspended for Gross Misconduct: Donato v. Asuncion and the Duty of Honesty

The Supreme Court suspended a lawyer for filing a baseless reformation suit to extract more money from clients, showing the bar's duty of honesty and candor.

Citizenship by Blood: Redefining Qualifications for the Philippine Presidency

The Supreme Court's 2004 ruling in Tecson v. COMELEC clarifies how natural-born citizenship is determined for presidential candidates.

Election Returns and Missing Seals: Limits of Pre-Proclamation Controversies

Supreme Court rules missing inner paper seals on election returns are formal defects, not grounds for exclusion in pre-proclamation cases.

Rape Conviction Hinges on Proof of Relationship: The Evidentiary Standard for Aggravating Circumstances

The Supreme Court clarifies that qualifying circumstances like relationship in rape cases require strict documentary proof before the death penalty may be imposed.

Freedom to Contract vs Equity: No Perfected Contract, No Forced Sale of Government Property

Supreme Court rules equity cannot compel the National Housing Authority to sell land without a perfected contract of sale.

Freedom to Contract vs Equity: When Government Sales Require Perfected Agreements

Supreme Court rules equity cannot compel a government sale without a perfected contract, applying Civil Code principles.

Breach of Contract: When an Unperfected Sale Defines Liability in Property Agreements

Philippine Supreme Court ruling on when an unaccepted offer creates no contract, and how equity cannot override positive law.

Agrarian Reform vs Civil Lease: Jurisdiction Over Fishponds Explained

When does a fishpond dispute fall under agrarian reform, not civil courts? The Supreme Court clarifies jurisdiction rules.

From Murder to Homicide: The Crucial Role of Treachery in Philippine Criminal Law

The Supreme Court explains when a killing is murder or homicide, focusing on the essential elements of treachery.