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Showing 6049–6072 of 19,293 articles for “eme”

Beyond the Lease: Determining the Limits of Compromise Agreement Execution in Property Disputes

The Supreme Court clarifies jurisdiction, prescription, and res judicata in accion publiciana, reinforcing the indefeasibility of Torrens titles.

Liberal Interpretation of Appeal Rules in Administrative Cases: The Neypes Fresh Period Rule Limitation

The Supreme Court clarifies that the Neypes fresh period rule applies only to judicial appeals, not administrative appeals like those before the Office of the President.

Perfecting Appeals: The Strict Requirements for Employers in Labor Disputes

Employers must strictly comply with appeal bond and deadline rules under Article 223 of the Labor Code or risk losing their appeal entirely.

When Fit-to-Work Assessments Prevail: Seafarer Disability Claims Under POEA-SEC

Philippine Supreme Court clarifies when a company-designated physician's fit-to-work declaration prevails over a seafarer's chosen doctor in disability claims.

Tenant Rights and Landowner Consent: Establishing Agricultural Tenancy in the Philippines

Philippine Supreme Court clarifies that landowner consent is essential to establish agricultural tenancy; mere cultivation does not create tenant rights.

Regular Employment vs Talent Contract: Defining Employer-Employee Relationships in Media

How the Supreme Court distinguished regular employees from talents in ABS-CBN's TV Patrol Bicol case, applying the control test.

Reconstitution of Title Requires Authentic Decree, Not Mere LRA Certification

Supreme Court clarifies that reconstitution of lost titles needs authentic sources; a decree unavailable in LRA records cannot support it.

Provisional Dismissal in Drug Cases: When Can the State Revive a Case?

The Supreme Court explains when a provisionally dismissed drug case may be revived without violating double jeopardy, and who may file the revival motion.

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Contracts

Philippine Supreme Court clarifies when a seafarer's partial disability becomes total and permanent under the POEA-SEC and Labor Code.

Accountability in Public Works: Grave Misconduct in Infrastructure Projects

Supreme Court reinstates dismissal of DPWH officials for grave misconduct over irregular change orders in road project.

Reinstatement During Appeal: Employer Must Pay Wages Until Final Reversal

Employers must pay reinstatement wages during appeal until the NLRC reversal becomes final. Learn the rule from Smart Communications v. Solidum.

Double Jeopardy and Provisional Dismissal: When Cases Can Be Reopened With Accused Consent

The Supreme Court explains when a provisionally dismissed criminal case can be revived without violating double jeopardy, and why accused consent matters.

Judicial Impropriety: A Judge's Debt and the Appearance of Justice

The Supreme Court fined a judge for failing to pay a debt, explaining the line between impropriety and willful failure to pay.

Second Marriages and SSS Benefits: Proving Legal Spousal Status for Social Security Claims

The Supreme Court clarifies that only a legal spouse qualifies for SSS death benefits, even if the member designated a second wife as beneficiary.

Upholding Judicial Integrity: The Duty of Candor in Court Investigations

The Supreme Court dismissed a clerk of court for gross neglect, grave misconduct, and serious dishonesty over unremitted judiciary funds.

Free Speech on Wheels: When Campaigning Rights Meet Public Utility Regulations in the Philippines

The Supreme Court struck down COMELEC's ban on campaign materials in PUVs and terminals, affirming free speech rights of owners.

Dismissal of Clerk of Court for Gross Neglect, Grave Misconduct, and Serious Dishonesty in Handling Judiciary

Supreme Court dismisses a clerk of court who failed to remit judiciary collections and submit financial reports, ruling that restitution does not erase administrative liability.

Breach of Duty and Dishonesty: Dismissal of a Court Clerk for Misappropriating Judiciary Funds

The Supreme Court dismissed a Clerk of Court for gross neglect of duty, grave misconduct, and serious dishonesty over unremitted judiciary funds.

Loss of Earning Capacity: The Necessity of Competent Proof in Philippine Criminal Law

Philippine Supreme Court clarifies that loss of earning capacity in criminal cases requires competent proof, not self-serving testimony.

Probable Cause and Estafa: Balancing Judicial Discretion and Individual Rights in Criminal Arrests

Learn how the Supreme Court balances probable cause requirements and individual rights in estafa cases, from arrest to attachment.

Notarial Misconduct: Scope of Authority and Ethical Obligations of Lawyers

Philippine Supreme Court clarifies lawyers' ethical duties in notarial practice and the scope of their authority in Davao Import Distributors v. Atty. Landero.

Cash Deposit or Counter Bond: The Only Ways to Discharge an Attachment in Philippine Courts

Philippine Supreme Court clarifies that only cash deposits or counter-bonds can discharge a writ of attachment—not real property.

When Can a Bank Deposit Real Property Instead of Cash to Lift an Attachment?

Philippine Supreme Court clarifies that under Rule 57, only cash deposit or counter-bond can lift a writ of attachment.

Enforceability of Compromise Agreements: A Pathway to Resolving Legal Disputes

Philippine Supreme Court approves compromise agreement in insurance dispute, showing how amicable settlements end litigation and become binding judgments.