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Showing 5761–5784 of 19,293 articles for “eme”

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.

Flight Delay Liability: Fortuitous Events and Bad Faith in Breach of Contract

Philippine Supreme Court clarifies when airlines are liable for flight delays—fortuitous events and bad faith explained.

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.

Injunctions Protecting Rights Upholding Due Process and Ensuring Fair Legal Proceedings

The Supreme Court dismisses a direct challenge to Iloilo City's real property tax ordinance, reaffirming the need to exhaust administrative remedies and observe the hierarchy of courts.

Right to Top in Government Asset Sales: The Osmeña v. PSALM Ruling

Supreme Court clarifies when "right to top" provisions in government lease contracts violate public policy on competitive bidding.

Motion for Reconsideration: When Strict Compliance Is Not Required in Philippine Courts

Philippine Supreme Court clarifies when a motion for reconsideration before the NLRC may be excused before filing certiorari.

Treachery and Eyewitness Testimony: Conviction for Murder Beyond Reasonable Doubt

How the Supreme Court upheld a murder conviction based on eyewitness identification and treachery, rejecting alibi defenses.

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

Proving Illegal Dismissal: The Employee's Burden of Proof in Philippine Labor Law

In illegal dismissal cases, employees must first prove they were dismissed. The Supreme Court clarifies this burden in Tri-C General Services v. Matuto.

Demurrer to Evidence Dismissal Upheld for Insufficient Proof of Installment Sale and Insurable Interest

A Supreme Court ruling explains how a demurrer to evidence works and why a plaintiff who fails to prove his case can lose even before the defense presents evidence.

Beyond 120 Days: Seafarer’s Right to Permanent Total Disability Benefits

The Supreme Court clarifies when a seafarer is deemed permanently and totally disabled under the 120-day rule and POEA-SEC.

Corporate Identity Theft Protecting Your Brand Name Under Philippine Law

Learn how the Supreme Court protects corporate names from confusing similarity, and what businesses must prove to secure exclusive brand rights.

Unjust Enrichment in Lease Agreements When a Burnt Building Doesnt Excuse Rent

Philippine Supreme Court ruling on lessee liability for rent after a building on leased land burns down, explained in plain language.

Prescription in Labor Disputes: The Importance of Timely Execution of NLRC Decisions

A Supreme Court ruling on prescription periods for executing NLRC decisions and the consequences of delay in enforcing labor judgments.

Rape Conviction Upheld: Victim Testimony and Procedural Compliance in Rape Cases

The Supreme Court affirms the conviction of a father for qualified rape, underscoring the weight of credible victim testimony and the importance of procedural compliance.

Tenancy vs Ownership: Who Hears Agrarian Disputes?

The Supreme Court clarifies when a case is an agrarian dispute for DARAB and when it belongs in regular courts, using a Bulacan land case.

Navigating the Shoals of Forum Shopping: Dismissal of Damages Claim Reversed

The Supreme Court clarifies that forum shopping requires identity of causes of action, not just identity of parties.

Circumstantial Evidence and Murder Conviction: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for murder, applying the Rules of Court standard.

Just Compensation for Agrarian Reform: Balancing Landowner Rights and Social Justice

The Supreme Court clarifies how just compensation is computed in agrarian reform cases, balancing landowner rights with social justice.

Loan Restructuring Qualified Acceptance and the Absence of a Binding Agreement

When a borrower's "acceptance" of a bank's restructuring offer is qualified, it becomes a counter-offer, not a binding contract.

Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment

Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.

Construction Contracts and Legal Interest: Determining Liability in Government Projects

The Supreme Court clarifies when 6% legal interest applies to unpaid construction claims against government agencies and local governments.

Causal Connection Is Key in Seafarer Disability Claims for Work-Related Illnesses

Philippine Supreme Court clarifies that seafarers must prove a causal connection between their illness and work to receive disability benefits.

Premature Disability Claims: Seafarers Must Follow Medical Assessment Procedures

The Supreme Court clarifies when a seafarer's disability claim is premature and why following the POEA-SEC medical assessment procedure matters.