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Showing 6121–6144 of 19,293 articles for “eme”

Negligence and Maritime Law: Res Ipsa Loquitur in Cargo Handling Disputes

When a hidden metal bar in a ship's cargo hold damages an arrastre operator's unloader, who pays? The Supreme Court applies res ipsa loquitur.

Workplace Boundaries: When Misconduct Crosses Into Sexual Harassment

A Supreme Court ruling clarifies when a supervisor's unwanted kiss is grave misconduct, not simple misconduct, in Philippine administrative law.

The Doctor's Dilemma: Hospital Liability in Medical Negligence Cases in the Philippines

Philippine Supreme Court ruling on medical negligence, physician-patient duty, and hospital solidary liability under Article 2180 of the Civil Code.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Quieting of Title: Courts Cannot Consider Outside Evidence in Determining Cause of Action

The Supreme Court clarifies that in resolving a motion to dismiss for failure to state a cause of action, courts must look only at the complaint's allegations.

Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law

When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.

Land Registration Requires Impeccable Proof of Alienability

The Supreme Court nullified a land registration judgment where applicants failed to present documentary proof that the property was alienable and disposable public land.

Upholding Employers Right TO Discipline Dishonesty AS Just Cause FOR Termination

Supreme Court rules that a nurse’s theft of hospital supplies is just cause for dismissal, reaffirming management prerogative to discipline dishonest employees.

Upholding Employee Rights Minor Infractions Dont Justify Dismissal

Philippine Supreme Court rules minor infractions like eating on duty or occasional tardiness do not justify employee dismissal.

Marital Consent IS KEY Voiding Property Sales Without Spousal Agreement

Learn when a sale of conjugal property without spousal consent can be voided under Philippine law, and what buyers must check.

Chain of Custody and Presumption of Regularity in Drug Cases: Tionco v. People

The Supreme Court affirms a drug conviction, clarifying that minor lapses in chain of custody do not automatically acquit an accused.

Assignment of Credit vs. Assumption of Liability: Clarifying a Bank's Role in Property Development

When a bank buys a developer's receivables, does it inherit the developer's obligations to buyers? The Supreme Court clarifies the distinction.

Breach of Marital Vows: Disbarment for Bigamous Marriage Justified

A lawyer who contracts a second marriage while his first remains valid commits gross immorality warranting disbarment, the Supreme Court ruled.

Untimely Appeal: The Finality of HLURB Decisions and Strict Appeal Periods

A Supreme Court ruling underscores that HLURB decisions become final if appeals to the Office of the President are filed late, even by a few days.

Slippage in Construction Contracts: Government Immunity and Contractor Accountability

Philippine Supreme Court ruling on government immunity in construction contracts and contractor liability for project delays and slippage.

When a Sale Is Really a Sale: Conditional Sale vs. Contract to Sell in Ejectment

A deed called "conditional" may still be an absolute sale. The Supreme Court explains when ownership passes, and why the wrong remedy can cost you your case.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

Reconstitution of Lost Titles: Supreme Court Clarifies Rules on Owner's Duplicate and ROD Certifications

Supreme Court clarifies when a lost owner's duplicate title and ROD certifications suffice for judicial reconstitution of a transfer certificate of title.

Intoxication and Consent: Examining the Boundaries of Rape in Philippine Law

Supreme Court ruling on when intoxication negates consent in rape cases, explaining the elements of rape and the burden of proof.

Law Firms and Conflict of Interest: Upholding Client Loyalty and Confidentiality

The Supreme Court holds law firms liable for conflict of interest when one lawyer takes a case against a former client of the firm.

Ombudsman’s Disciplinary Authority Over Public Officials Affirmed by Supreme Court

The Supreme Court affirms the Ombudsman’s power to directly impose administrative penalties, not just recommend them, on erring public officials.

Compromise Agreements Upholding Due Process and Party Rights in Contractual Disputes

Philippine Supreme Court ruling clarifies due process and party rights in compromise agreements within contractual disputes.

Expropriation: When Legal Interest and Consequential Damages Are Justified

The Supreme Court clarifies when legal interest and consequential damages apply in expropriation cases, and who pays transfer taxes.

When Sexual Harassment Claims Against Judges Fail: The Substantial Evidence Standard

The Supreme Court exonerated a judge accused of sexual harassment, clarifying the substantial evidence standard in administrative cases against members of the judiciary.