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Showing 1393–1416 of 19,252 articles for “eme”

Executive Power to End Overtime Pay for Immigration Employees: Tendenilla v. Purisima

Supreme Court ruling on whether the Executive may discontinue overtime pay charged to airlines for Bureau of Immigration employees.

Breach of Promise to Marry Not Actionable: Guevarra v. Banach and the Limits of Damages

The Supreme Court clarifies that a breach of promise to marry is not actionable, and a gift given in contemplation of marriage need not be returned when the giver acted in bad faith.

Robbery with Sexual Assault: When Separate Crimes Apply in Philippine Law

The Supreme Court clarifies when robbery plus sexual assault forms a special complex crime or separate offenses under Philippine law.

Negligence of Counsel: Litigants Must Still Monitor Their Cases

Supreme Court rules that a litigant cannot blame counsel's negligence for missing appeal deadlines; clients must monitor their cases.

Management Prerogative vs Constructive Dismissal: When a Transfer Becomes Illegal

The Supreme Court clarifies when an employee transfer exceeds management prerogative and becomes constructive dismissal, requiring employers to prove genuine business necessity.

Breach of Promise to Marry: Good Faith as a Prerequisite for Damages

Philippine Supreme Court rules that a party acting in bad faith cannot recover damages for breach of promise to marry.

Conflict of Interest and Public Funds: When Cooperative Membership Does Not Equal Graft

Supreme Court clarifies that mere cooperative membership or past affiliation does not prove graft under the Anti-Graft Law.

Mutuality of Contracts and Foreclosure Rights in Philippine Loans

Philippine Supreme Court clarifies that void interest stipulations do not invalidate foreclosure when the principal debt remains unpaid.

Divorce Recognition in the Philippines: Navigating Foreign Judgments and Civil Status Changes

The Supreme Court clarifies the proper procedure for recognizing foreign divorce decrees and changing civil status in the Philippines.

Executive Power vs Legislative Authority: The Immigration Overtime Pay Dispute

A look at Tendenilla v. Purisima, where the Supreme Court upheld the executive's shift from airline-funded overtime to a 24/7 government-funded schedule.

SK Official Removal: Who Has the Power to Oust Youth Leaders

The Supreme Court clarifies which bodies can remove SK Federation Presidents and SK Chairpersons, and the due process required.

Judicial Clemency Denied But Restitution Waived After Court Employee's Death

Supreme Court denies judicial clemency to guilty court clerk but waives unpaid restitution after death, applying compassionate justice.

Proving Foreign Law in Philippine Courts: Divorce Recognition After Rivera v. Woo Namsun

The Supreme Court clarifies what evidence is needed to prove a foreign divorce decree and foreign law in Philippine courts.

Regulating Psychologists: When Professional Standards Meet Constitutional Rights

The Supreme Court upholds the 100-hour training requirement for psychologists seeking registration without examination under RA 10029.

Government Contracts: Due Process in Hiring Legal Retainers and COA Disallowances

SC ruling on PhilRice legal retainer case clarifies due process, concurrence requirements, and liability for disallowed government contract payments.

Intellectual Disability as a Defense: The Limits of Exemption from Criminal Liability in Statutory Rape Cases

The Supreme Court clarifies when intellectual disability or imbecility exempts an accused from criminal liability, and why it did not apply in this statutory rape conviction.

When Can the State Reclaim Private Land? The Rule on Reversion Proceedings

The Supreme Court clarifies the heavy burden the State must overcome to revert titled private land to public domain.

Self-Defense and Treachery in Philippine Law: Proving Unlawful Aggression for Justification

The Supreme Court clarifies when self-defense fails and treachery qualifies killing as murder under Philippine criminal law.

Self-Defense or Murder: Proving Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in Philippine criminal law, using a 2021 murder case to illustrate the burden of proving unlawful aggression.

Customs Jurisdiction and Forum Shopping in Importation Disputes

Supreme Court clarifies CTA jurisdiction over customs seizure cases and when forum shopping does not apply in importation disputes.

Protecting Public Health: FDA's Power to Seize Hazardous Products Without a Warrant

The Supreme Court upholds FDA's warrantless seizure power over hazardous health products as a valid exercise of police power.

Protecting Due Process in Administrative Rulings: The Need for Clear Factual and Legal Bases

The Supreme Court nullified an administrative ruling against an electric cooperative GM for lacking clear factual and legal bases, reaffirming due process.

Corporate Veil and Judgment Execution: Can a Successor Corporation Be Held Liable?

When a judgment debtor's assets pass to another corporation, can the winner enforce the judgment against the successor? The Supreme Court explains.

Psychological Incapacity: No Personal Exam Needed for Marriage Nullity

Supreme Court clarifies that lack of personal examination by a psychiatrist does not invalidate a finding of psychological incapacity under Article 36.