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Showing 5257–5280 of 19,292 articles for “eme”

Exemplary Damages Require Underlying Compensatory Awards: Spouses Timado v. Rural Bank of San Jose

Supreme Court clarifies that exemplary damages cannot stand alone—they require an underlying award of compensatory damages.

Loss of Confidence as a Ground for Dismissal: When Employers Cannot Use It as a Subterfuge

The Supreme Court clarifies that loss of confidence cannot be simulated or used as a subterfuge to justify an illegal dismissal.

Land Retention Rights and Good Faith in Agricultural Land Sales: Key Lessons

The Supreme Court clarifies when a buyer of tenanted rice or corn land can claim retention rights under PD 27 and agrarian reform laws.

Loss of Confidence as a Dismissal Ground: When Employers Cannot Claim It

The Supreme Court clarifies that loss of confidence cannot be a simulated or afterthought ground for dismissing a managerial employee.

Interbank Call Loans and Documentary Stamp Tax: Clarifying Taxable Instruments in the Philippines

Supreme Court clarifies that interbank call loans are not subject to documentary stamp tax under the NIRC.

Safeguarding Speedy Trial Rights Dismissal FOR Prolonged Delays IN Ombudsman Cases

The Supreme Court clarifies when prolonged Ombudsman delays violate the constitutional right to speedy disposition of cases.

Finality Doctrine VS Execution OF Costs Understanding THE Limits OF Legal Remedies

Reasonable Doubt in Drug Cases: The Need for Clear Identification of Evidence

Philippine Supreme Court clarifies that in drug cases, the identity of the seized item must be proven beyond reasonable doubt, not just presumed.

Quieting Title vs. Annulment of Title: Key Lessons from Guntalilib v. Dela Cruz

The Supreme Court clarifies when a quieting-of-title action is actually an annulment of title, and why substance prevails over form.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Personal Liability of Public Officials for Unauthorized Legal Services: The Oñate Case

When are public officials personally liable for unauthorized legal services? The Supreme Court clarifies in Oñate v. COA.

When Direct Testimony Outweighs Forgery Claims in Philippine Land Sales

Supreme Court ruling on how direct testimony of a witness can overcome forgery allegations in a disputed land sale.

Forfeiture Clauses Balancing Employer Protection AND Employee Rights IN Commission Disputes

Philippine Supreme Court clarifies when commission forfeiture clauses in employment contracts are valid and enforceable.

Direct Testimony vs Expert Opinion in Property Disputes: The Ambray Case

Philippine Supreme Court ruling on how direct testimony outweighs expert opinion in proving forgery in property disputes.

Freedom of Expression vs. Election Rules: The Diocese of Bacolod Tarpaulin Case

The Supreme Court ruled that a church tarpaulin on the RH Law was not election propaganda, protecting citizen speech during elections.

Conditional Sales vs. Adverse Claims: Protecting Property Interests in the Philippines

Learn how the Supreme Court in Logarta v. Mangahis distinguishes conditional sales from adverse claims, and the proper registration rules under PD 1529.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.

Rape Conviction Affirmed: The Uneasy Weight of Recanted Testimony

Philippine Supreme Court affirms rape conviction despite the victim's affidavit of desistance, explaining why recanted testimony is viewed with suspicion.

Intervention in Criminal Cases: Protecting Property Rights of Third Parties

When may a third party intervene in a criminal case? The Supreme Court clarifies the rules on intervention and legal interest.

Security of Tenure in Career Executive Service: Rank Appointment Is Essential

Supreme Court clarifies that Career Executive Service officers hold security of tenure only in their rank, not in specific positions.

Counsel's Negligence in Appeals: When a Client Is Bound by a Lawyer's Lapses

A missed deadline for an appellant's brief can end an appeal. Philippine Supreme Court explains when clients are bound by counsel's negligence.

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody, explaining strict Section 21 requirements.

Dismissal Due to Failure to Present Corpus Delicti: Safeguarding Drug Evidence in Philippine Courts

Philippine Supreme Court acquits drug suspect over broken chain of custody, underscoring the need to preserve corpus delicti in drug cases.

Security of Tenure Limited to Rank, Not Position, in the Career Executive Service

The Supreme Court clarifies that security of tenure in the Career Executive Service attaches to rank, not to a specific position, allowing reassignments without violating constitutional guarantees.