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Showing 5665–5688 of 19,293 articles for “eme”

Substantial vs Minor Breach of Contract: What Philippine Law Requires

Philippine law on when a contract breach justifies rescission: substantial vs minor violations explained through a Supreme Court ruling.

DARAB Jurisdiction Over Annulment of Land Sales Without DAR Clearance

The Supreme Court clarifies when the DARAB, not regular courts, has jurisdiction over annulment of land sales and title cancellation in agrarian reform cases.

Waiver of Due Process When Consent Cures Procedural Defects in Administrative Cases

A party who voluntarily participates in an administrative proceeding without objecting to procedural defects may be deemed to have waived the right to question them later.

Can the President Revoke a Mining Agreement? The Narra Nickel Ruling

The Supreme Court clarifies that the President's cancellation of a Financial or Technical Assistance Agreement is administrative, not quasi-judicial.

Rape Conviction Affirmed: Credibility of Witness Testimony and Proof Beyond Reasonable Doubt

Supreme Court affirms rape conviction, explaining how credible victim testimony alone can prove guilt beyond reasonable doubt.

Probable Cause and the Ombudsman's Discretion: Limits of Judicial Review

The Supreme Court affirms the Ombudsman's dismissal of criminal charges for lack of probable cause, underscoring the limits of judicial review over prosecutorial discretion.

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Preventive Suspension Limits and Employer Rights in Philippine Labor Law

The Supreme Court clarifies when employers may impose successive preventive suspensions and the rules on appeal bonds in labor cases.

Citizenship Denied When Earning Less Means Less Entitlement TO Naturalization

Dishonesty as Just Cause for Dismissal: Lessons from the Smart Communications Case

When a department head approved fictitious marketing projects and fake agencies, the Supreme Court upheld dismissal for loss of trust and confidence.

Preventive Suspension for Separate Offenses: Smart Communications v. Solidum

Supreme Court clarifies that employers may impose fresh preventive suspensions for newly discovered offenses, and explains the limits of the rule.

Permanent Total Disability for Seafarers: The 120-Day Rule and POEA-SEC Entitlement

When does a seafarer's disability become permanent and total? The Supreme Court clarifies the 120-day rule and POEA-SEC compensation in Island Overseas Transport v. Beja.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights in the Philippines

Philippine Supreme Court clarifies abandonment vs illegal dismissal in labor-only contracting cases involving security guards and agency-hired workers.

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Illegal Dismissal: Computing Separation Pay and Backwages Using Gross Monthly Pay

The Supreme Court clarifies how to compute separation pay and backwages for illegally dismissed employees, using gross monthly pay, inclusive of allowances and benefits.

Double Jeopardy and Civil Liability When Acquittal Does Not Erase Debt

A Philippine Supreme Court ruling on double jeopardy, finality of acquittal, and civil liability in estafa cases.

Filing the Right Case: Why Agrarian Dispute Jurisdiction Matters

A Supreme Court ruling clarifies why cancellation of CLOAs involving non-tenants belongs to the DAR Secretary, not the DARAB.

NCIP Jurisdiction: Protecting Indigenous Rights vs. Rights of Non-Indigenous Parties

The Supreme Court clarifies when the NCIP has jurisdiction over disputes involving indigenous peoples and non-indigenous parties under IPRA.

Procedural Lapses vs Substantial Justice: When Courts Must Look Beyond Deadlines

The Supreme Court clarifies when procedural rules bind litigants strictly and when courts may relax them in the interest of substantial justice.

Kidnapping With Rape: Intent Proven by Unlawful Taking of a Child

The Supreme Court affirms that taking a child without parental consent establishes intent to deprive liberty, convicting the offender of kidnapping with rape.

No Illegal Dismissal, No Separation Pay: Reassessing Employee Entitlements in Philippine Labor Law

The Supreme Court clarifies when a security guard's floating status becomes constructive dismissal and how quitclaims affect employee claims.

Who Hears CLOA Cancellation Cases? The DAR Secretary, Not DARAB, Rules

A Supreme Court ruling clarifies that DARAB lacks jurisdiction over CLOA cancellation cases without tenurial disputes; the DAR Secretary decides.

Simple Slander Conviction Upheld: Public Accusation of Theft and Malice

The Supreme Court affirms a Simple Slander conviction for publicly accusing someone of theft, explaining the elements, malice presumption, and penalties.

Upholding Ethical Standards: An Attorney's Duty to Avoid Delaying Tactics in Legal Proceedings

The Supreme Court suspends a lawyer for three months for employing dilatory tactics, reaffirming the duty to avoid delaying legal proceedings.