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Showing 5305–5328 of 19,292 articles for “eme”

Constructive Dismissal: When Cutting Work Hours Violates Employee Rights

Philippine Supreme Court ruling on when reducing work hours becomes constructive dismissal, and what employers must prove to justify it.

Due Process in Administrative Proceedings: The Right to Be Heard Before Liability Is Imposed

The Supreme Court reaffirms that administrative due process requires a real opportunity to be heard before liability is imposed, not just a motion for reconsideration.

Lawyer Suspended Five Years for Dishonest Land Deal and Disregard of Court Orders

Supreme Court suspends lawyer for five years for deceiving a seller in a land deal and ignoring court and IBP orders.

The Lingering Shadow: When Incomplete Investigations Fail to Protect Rights

The Supreme Court's 2016 ruling in Balao v. Ermita shows how the writ of amparo keeps investigations alive when rights remain unprotected.

Judicial Stability: Why Co-Equal Courts Cannot Interfere With Each Other's Judgments

Philippine Supreme Court explains the doctrine of judicial stability, barring co-equal courts from interfering with each other's orders and judgments.

Good Faith Possession Determining Rights AND Obligations IN Land USE Disputes

Philippine Supreme Court clarifies how good faith possession affects rights and obligations in land use disputes, citing Civil Code provisions.

Misconduct in the Workplace: Defining the Boundaries of Trust and Employment

Philippine Supreme Court ruling clarifies when serious misconduct justifies dismissal and the evidentiary standard employers must meet.

Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR

When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.

Demand Is Key: Prescription in Unlawful Detainer and Mortgage Foreclosure Contexts

When does the one-year period to file unlawful detainer start? The Supreme Court clarifies the rule on demand and prescription.

Balancing Technical Rules and Substantial Justice in Agrarian Reform: A Case Analysis

The Supreme Court reminds courts that procedural rules should serve, not override, substantial justice in agrarian reform cases.

Labor-Only Contracting: When a Principal Becomes the True Employer

The Supreme Court clarifies when a contractor is merely a labor-only contractor and who may question that arrangement.

Tax Suspension Bonds: When the CTA Must Hear the Taxpayer First

The Supreme Court clarifies when the Court of Tax Appeals may require a bond to suspend tax collection, and why a preliminary hearing is essential.

Taxation and Due Process: Balancing Government Power and Taxpayer Rights in Deficiency Assessments

The Supreme Court clarifies when the CTA may require a surety bond to suspend tax collection, protecting taxpayer rights.

Unlawful Detainer: Why Timely Action and Consistent Claims Matter

Learn how the Supreme Court in Reyes v. Heirs of Forlales clarified the one-year rule in unlawful detainer cases and the limits of mere tolerance.

Employer-Employee Relationship and Due Process in DOLE Labor Standards Cases

Supreme Court ruling on DOLE jurisdiction, employer-employee relationship requirements, and due process in labor standards enforcement.

Child Abuse vs Slight Physical Injuries: The Intent Requirement in Philippine Law

When does a slap on a child become child abuse under RA 7610, and when is it only slight physical injuries? The Supreme Court clarifies the role of intent.

Forum Shopping: Simultaneous Appeal and Annulment of Judgment Constitutes Abuse

Philippine Supreme Court rules that pursuing an appeal and a petition for annulment of judgment simultaneously constitutes forum shopping and may warrant contempt.

Navigating Property Disputes: The Crucial Role of Assessed Value in Determining Court Jurisdiction

The Supreme Court clarifies res judicata and jurisdiction rules in property disputes, emphasizing the importance of assessed value in determining which court has authority.

Buy-Bust Operations: Where Entrapment Ends and Constitutional Rights Begin

The Supreme Court clarifies the line between valid entrapment in buy-bust operations and impermissible instigation, affirming a drug conviction under RA 9165.

Dereliction of Duty and the Duty of Promptness in Resolving Cases Filed by Indigents

The Supreme Court clarifies when a prosecutor's delay in resolving an indigent's complaint amounts to gross neglect of duty.

Equitable Title Prevails: Understanding Ownership Through Deeds of Sale and Possession

Explore how the Supreme Court ruled that equitable title, not just a deed, determines ownership in quieting of title cases.

Treachery in Criminal Law: How Philippine Courts Qualify a Killing as Murder

In People v. Avila, the Supreme Court explains when treachery qualifies a killing as murder, and why evident premeditation and abuse of superior strength failed.

Negligence on the Road: When Employer Liability Intersects With Employee Conduct

A Supreme Court ruling on bus driver dismissals clarifies negligence as just cause, procedural due process, and the limits of settlement authority.

Indefinite Preventive Suspension Is Constructive Dismissal: Employee Rights in the Philippines

The Supreme Court rules that an indefinite preventive suspension beyond 30 days amounts to constructive dismissal, entitling the employee to backwages and separation pay.