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Showing 4801–4824 of 19,292 articles for “eme”

Civil Service Jurisdiction: CSC Authority Over Employee Termination Disputes

The Supreme Court clarifies that the Civil Service Commission, not the RTC, has jurisdiction over termination disputes involving civil service employees.

When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case

The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.

Acquittal in Rape Case: The Crucial Role of Force, Threat or Intimidation

The Supreme Court acquitted a rape accused because the prosecution failed to prove force, threat, or intimidation, a required element of rape.

Balancing Confidentiality and Free Expression: The Limits of Disbarment Publicity in the Philippines

The Supreme Court clarifies when public statements about disbarment complaints violate the confidentiality rule and when they are protected speech.

Breach of Trust vs Burden of Proof: Employee Rights in Dismissal Cases

A Supreme Court ruling on appeal periods clarifies how dismissal cases are reviewed and why procedural rules matter.

Psychological Incapacity vs Marital Discord: When Infidelity and Irresponsibility Do Not Nullify a Marriage

The Supreme Court clarifies that marital discord, infidelity, and irresponsibility do not automatically amount to psychological incapacity under Article 36 of the Family Code.

Agrarian Reform Just Compensation: Balancing Landowner Rights and Social Justice

Supreme Court clarifies when landowners may directly sue for just compensation despite the exhaustion of administrative remedies doctrine.

When a Trial Court Cannot Deny Your Notice of Appeal: PBCOM v. Court of Appeals

The Supreme Court clarifies that only appellate courts may dismiss appeals for being improper remedies, and when a motion for reconsideration is excused.

When Courts Overstep: The Right to Appeal Void Judgments in Civil Service Cases

Supreme Court clarifies that void judgments never become final, preserving the right to appeal when courts lack jurisdiction over civil service disputes.

Production Assessment Fees: Water Districts Must Prove Harm Before Charging Deep Well Users

Water districts can't impose production fees on deep well users without a board finding of financial harm. Here's what the Supreme Court ruled.

Retirement Rights for Part-Time Employees: De La Salle Araneta University v. Bernardo

Part-time employees are entitled to retirement pay under RA 7641. The Supreme Court clarifies coverage and prescriptive period rules.

Defamation and Free Speech: Balancing Criticism and Accountability in Libel Cases

Philippine Supreme Court clarifies when statements in legal pleadings lose privileged communication protection and become libelous.

Tax on Non-Profit Hospitals: Balancing Charity and Commerce in Philippine Law

Philippine Supreme Court clarifies that non-profit hospitals like St. Luke's pay 10% tax on income from paying patients, balancing charity and commerce.

Eyewitness Identification and Treachery: Understanding Criminal Liability in Philippine Homicide Cases

A Supreme Court ruling explains when eyewitness identification suffices and why treachery must be proven, not presumed, in Philippine criminal cases.

Reasonable Doubt Prevails: Acquittal in Carnapping With Homicide Case Due to Insufficient Evidence

Supreme Court acquits accused in carnapping with homicide case, ruling that prosecution evidence failed to prove guilt beyond reasonable doubt.

When a Non-Profit Hospital Still Pays Income Tax: The St. Luke's Ruling

The Supreme Court explains when a charitable hospital's income from paying patients becomes taxable under the NIRC.

Supreme Court on Clerks of Court as Notaries: Limits of Ex Officio Powers

The Court clarifies when clerks of court may notarize documents, ruling on unauthorized notarial acts and identity verification duties.

Untangling VAT Refund Timelines: How a Misleading BIR Ruling Saved a Taxpayer's Claim

Philippine Supreme Court explains when a prematurely filed VAT refund claim survives, and why strict invoicing rules still apply.

Valid Service of Summons When a Company's Actions Imply Consent to Court Jurisdiction

A corporation that seeks affirmative relief from a court may be deemed to have voluntarily submitted to its jurisdiction, even if summons was defective.

Construction Delays and Liquidated Damages: Defining Substantial Completion in Philippine Law

Philippine Supreme Court clarifies when liquidated damages stop accruing in construction delays—actual substantial completion, not projections, matters.

Third Party Claims in Execution: Protecting Property Rights Under Rule 39

Learn how third-party claimants can protect property wrongly levied in execution, and why certiorari is not the right remedy.

VAT Refund Timeliness: The 120-Day Rule, BIR Ruling DA-489-03, and Strict Proof Requirements

Learn how the Supreme Court applied the San Roque doctrine to a prematurely filed VAT refund claim and the strict rules on zero-rated sales and invoicing.

Dismissal of Administrative Complaints Upholding the Presumption of Regularity in the Judiciary

The Supreme Court dismisses an administrative complaint against court officials, reaffirming the presumption of regularity in the performance of official duties.

Non-Diminution of Pay: Protecting Employee Benefits in Government Restructuring

The Supreme Court clarifies how non-diminution of pay applies when government agencies restructure compensation plans, using the NAPOCOR COLA case as example.