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Showing 6001–6024 of 19,293 articles for “eme”

Navigating Appeals Jurisdiction of the Court of Tax Appeals in Collection Cases

A Supreme Court ruling clarifies that the CTA has exclusive appellate jurisdiction over tax collection cases, and wrong appeals must be dismissed.

Intent to Gain in Theft: Proving Criminal Intent Beyond Reasonable Doubt

How Philippine courts establish intent to gain in theft cases, explained through the Supreme Court's ruling in Medina v. People.

Prior Possession Is Key in Philippine Forcible Entry Cases

Philippine forcible entry cases hinge on prior physical possession. The Supreme Court explains why in Alcedo v. Sagudang.

Upholding Workers Rights Interpreting Employment Contracts IN Favor OF Labor

The Supreme Court clarifies when a seafarer's disability becomes total and permanent, and how CBA conflict-resolution clauses bind the parties.

Breach of Trust: Understanding Malversation of Public Funds in the Philippines

The Supreme Court explains the elements of malversation under Article 217 of the Revised Penal Code, including the presumption of misappropriation when funds are not forthcoming upon demand.

CTA Has Exclusive Power Over Certiorari in Local Tax Cases, SC Rules

The Supreme Court clarifies that the CTA, not the CA, has exclusive jurisdiction over certiorari petitions assailing RTC interlocutory orders in local tax cases.

Reconveyance Actions Survive Death and Stand Apart from Estate Proceedings

Philippine Supreme Court clarifies that reconveyance actions survive a party's death and proceed independently of estate settlement proceedings.

Just Compensation in Eminent Domain: Balancing Judicial Discretion and Statutory Guidelines

The Supreme Court clarifies how courts must balance judicial discretion with statutory guidelines in determining just compensation for agrarian reform lands.

Breach of Contract and Unilateral Termination: The Talampas v. Moldex Realty Case

When can a party unilaterally terminate a contract? The Supreme Court explains in Talampas v. Moldex Realty.

Upholding Due Process and Proving Employer-Employee Relationship in Philippine Labor Cases

Philippine Supreme Court clarifies the burden of proof in illegal dismissal cases and the four-fold test for employer-employee relationship.

The Impact of a Lost Title: Protecting Property Rights and Innocent Purchasers

A Supreme Court ruling on lost titles clarifies when a court can issue a new owner's duplicate and how innocent purchasers are protected.

Writ of Kalikasan and Oil Pipeline Safety: The West Tower Case

A look at the Supreme Court's landmark ruling on the Writ of Kalikasan, environmental protection orders, and the safe operation of aging oil pipelines.

Party-List Seat Allocation: Supreme Court Upholds COMELEC’s Proportional Distribution

The Supreme Court affirms COMELEC’s party-list seat allocation under the BANAT formula, clarifying how additional seats are distributed proportionally.

Upholding Client Trust: Attorney Disbarred for Neglect, Non-Communication, and Practicing While Suspended

The Supreme Court disbarred a lawyer for neglecting a client's case, failing to return funds, and practicing law while under suspension.

Local Autonomy vs National Interest: Can Congress Override Local Taxing Power

The Supreme Court strikes down RA 9167 provisions that diverted local amusement taxes to a national agency, affirming local fiscal autonomy.

Unproven Claims When Government Contracts Lack Evidence Of Delivery

Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.

Registered Owner vs Actual Operator: Who Pays in Vehicle Accidents?

Philippine Supreme Court clarifies the registered-owner rule in vehicle accidents and the right to reimbursement via cross-claim against the actual operator.

Rape Conviction Upheld Despite Lack of Seclusion: People v. Nuyok

The Supreme Court affirms rape convictions based on circumstantial evidence, ruling that seclusion is not an element of the crime.

Taxing Times: Government Instrumentalities and Real Property Tax Exemptions in the Philippines

The Supreme Court clarifies when government instrumentalities like airport authorities are exempt from local real property taxes.

Res Judicata in Property Recovery Cases: What the Supreme Court's Lee v. Chong Ruling Means

The Supreme Court clarifies how res judicata bars repeated claims over the same property, even when a new case is framed differently.

Protecting Workers Employers Faulty Systems Cannot Justify Employee Penalties

Learn how the Supreme Court ruled that employers cannot penalize workers for systemic failures beyond their control.

Illegal Dismissal: Proving Just Cause at the Time of Termination

When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Just Compensation and Agrarian Reform: Applying RA 6657 to Lands Under PD 27

Philippine Supreme Court clarifies how RA 6657 governs just compensation for lands previously covered by PD 27, ensuring farmers receive fair value.