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Showing 18721–18744 of 19,293 articles for “eme”

Illegal Dismissal vs. Retrenchment: Understanding Employee Rights in the Philippines

The Supreme Court clarifies the difference between illegal dismissal and valid retrenchment, and what employers must prove to justify layoffs.

Exhaustion of Administrative Remedies: When Can You Skip It?

The Supreme Court explains when exhaustion of administrative remedies is required and when courts may excuse it.

PNCC v. Court of Appeals: When a Lessee Cannot Escape a Lease It Signed

The Supreme Court held that financial difficulty and a change in political climate do not excuse a lessee from paying rent under a valid lease contract.

Circumstantial Evidence and Eyewitness Testimony in Philippine Criminal Law

How the Supreme Court weighed eyewitness testimony and circumstantial evidence in affirming a murder conviction in People v. Rabutin.

Retroactivity and Creditability of Wage Increases in Collective Bargaining Agreements

Philippine Supreme Court ruling on when CBA wage increases retroact and whether they can be credited against future mandated wage increases.

Bouncing Checks and Estafa: When a Dishonored Check Is Not Fraud

The Supreme Court clarifies when issuing a bouncing check constitutes estafa versus a mere violation of the Bouncing Checks Law.

NTC Collegiality: How the Supreme Court Settled Regulatory Decision-Making in Philippine Telecoms

The Supreme Court ruled the NTC is a collegial body; a single commissioner cannot decide cases alone. Learn the rule and its impact.

Finality of Judgment and Lawyer Accountability: Bihag v. Era

The Supreme Court enforces a disbarred lawyer's final judgment, citing contempt and execution to uphold the rule of law.

Union Registration Fraud and Misrepresentation: Lessons from Pizza Hut Case

Philippine Supreme Court rules on fraud in union registration and certification election rights under the Labor Code.

When Is a Lawyer Liable for a Missed Appeal? Lessons from Sattar v. Lopez

The Supreme Court clarifies when a lawyer may be disciplined for a missed appeal, and when the client's own neglect is to blame.

Clerks of Court and Fiduciary Responsibility: A Case of Mismanagement and Neglect

The Supreme Court clarifies that lawyers must be vigilant with client funds and records, even when clients fail to provide complete documentation.

Discharge of an Accomplice as a State Witness: Safeguarding Justice in Philippine Courts

The Supreme Court affirms that trial courts' factual findings and witness credibility assessments are conclusive unless arbitrary, in a murder conviction.

Misappropriation of Court Funds: Duties and Liabilities of Clerks of Court

Philippine Supreme Court ruling on misappropriation of Judiciary Development Fund collections and the liabilities of clerks of court for negligence.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Estoppel in Philippine Contract Law: Liability for Acting as an Unincorporated Corporation

The Supreme Court affirms that persons acting as officers of an unincorporated entity are estopped from denying liability under Philippine law.

Dying Declarations and Res Gestae: When Can a Victim's Words Convict?

Philippine Supreme Court explains when a dying victim's statement identifying an assailant is admissible as evidence, and how courts treat treachery.

Due Process in Administrative Cases: Lessons on Summary Dismissals from De Guzman v. Court of Appeals

The Supreme Court's ruling in De Guzman v. CA underscores that proper service of summons is essential to due process, even in summary proceedings.

When Judges Err in Sentencing: Gross Ignorance of the Law Explained

Learn when a judge's sentencing error becomes gross ignorance of the law, based on a Philippine Supreme Court ruling on indeterminate penalties.

Pre-Proclamation Controversies: When Can Election Returns Be Excluded?

Philippine Supreme Court explains the limited grounds for excluding election returns in pre-proclamation controversies and why fraud claims belong in election protests.

Upholding Labor Rights Illegal Dismissal AND Unfair Labor Practices IN the Philippines

The Supreme Court rules on illegal dismissal, unfair labor practice, and the limits of "loss of confidence" as a ground for termination.

Rape Conviction: Credibility of the Complainant and the Role of Intimidation

Philippine Supreme Court explains why a rape victim's credible testimony and intimidation by threat or weapon can sustain a conviction.

SK Election Age Requirements: The Supreme Court Ruling Explained

Understand the age qualification rules for Sangguniang Kabataan elections and the key Supreme Court ruling that clarified them.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Amending Pleadings When CAN YOU Change Your Legal Strategy

Philippine Supreme Court clarifies when courts must consider late answers and jurisdictional challenges in summary procedure cases.