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Showing 5737–5760 of 19,293 articles for “eme”

Ancestral Domain Disputes NCIP Jurisdiction and the Rights of Non-Indigenous Parties

The Supreme Court clarifies when the NCIP has jurisdiction over ancestral domain disputes and when regular courts decide cases involving non-indigenous parties.

Limits of a General Power of Attorney Authority to Sell Real Property in the Philippines

Philippine Supreme Court clarifies that a general power of attorney does not authorize an agent to sell real property without a special power of attorney.

Final Liquidation Court Orders Prevail Over Collection Suits: Solidbank v. CA

A final liquidation court order cannot be overturned by a trial court in a separate collection suit, explains the Supreme Court in Solidbank v. CA.

Probable Cause and Judicial Discretion in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may re-determine probable cause and how judicial discretion must respect final rulings.

Temporary Layoffs in the Philippines: When Financial Stability Claims Fail Legal Scrutiny

Philippine Supreme Court clarifies when temporary layoffs are illegal, requiring employers to prove good faith and dire business exigency.

Murder Conviction Affirmed: Treachery, Alibi, and Damages in People v. Parba

Supreme Court affirms murder conviction based on positive identification, rejecting alibi and clarifying damages in treachery cases.

Prior Possession Prevails: Protecting Possessory Rights in Forcible Entry Cases

The Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases, protecting occupants from unlawful ejection.

When Can One Court Interfere With Another's Decisions? The Rule on Judicial Non-Interference

The Supreme Court explains why a Regional Trial Court cannot restrain the execution of an Ombudsman's decision in disciplinary cases.

Common Carriers and Passenger Safety: Defining the Scope of Liability

The Supreme Court clarifies when a bus company is liable for a passenger's death caused by a co-passenger, distinguishing extraordinary diligence from ordinary care.

Service of Summons on Corporations: Strict Compliance Required in the Philippines

Philippine Supreme Court clarifies that service of summons on corporations requires strict compliance with Rule 14, Section 11, listing only specific officers.

Service of Summons on Corporations: Why Strict Compliance Matters in Philippine Law

Philippine Supreme Court clarifies that service of summons on corporations must strictly follow Rule 14, Section 11; substantial compliance no longer applies.

Workers' Right to Self-Organization: When a Workers' Association Is Valid Despite Employer Objections

Supreme Court clarifies that workers with definite employers may form workers' associations for mutual aid, not just unions for collective bargaining.

Arrastre Operator Liability: Proving Diligence in Cargo Handling

Philippine Supreme Court ruling on arrastre operator negligence, burden of proof, and liability for damaged cargo under custody.

Ombudsman's Disciplinary Decisions Are Immediately Executory: Key Supreme Court Ruling

The Supreme Court confirms Ombudsman disciplinary decisions are immediately executory; courts cannot block their implementation.

Inducement in Homicide: When Words Lead to Criminal Liability

Explaining the Supreme Court's ruling in Ambagan v. People on when spoken words can make a person liable as principal by inducement in homicide.

Certiorari and Finality: When Courts Can Still Modify NLRC Decisions

The Supreme Court clarifies that a timely Rule 65 petition prevents an NLRC decision from becoming final and executory, allowing appellate modification.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Independent Contractor vs Labor-Only Contracting: When the Principal Is Not the Employer

Philippine Supreme Court clarifies when a contractor is truly independent, shielding the principal from employer liability.

Seafarer's Right to Disability Benefits When Employer Delays Post-Employment Medical Exam

Philippine Supreme Court clarifies employer duties and seafarer rights in post-employment medical examinations under the POEA-SEC.

Forcible Entry, Heir Substitution, and Judgment Immutability in Property Disputes

When can heirs substitute a deceased party in a forcible entry case? The Supreme Court explains the limits of judgment immutability.

When a Carrier's Delay Is a Fortuitous Event: Moral Damages in Breach of Carriage Contracts

The Supreme Court explains when moral damages are recoverable for breach of contract of carriage and why a typhoon-caused delay absolved Northwest Airlines.

Upholding Civil Liability: Death Does Not Erase Debt in B.P. 22 Cases

Philippine Supreme Court clarifies that criminal liability for B.P. 22 does not extinguish civil liability, which survives the offender's death.

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.