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Showing 7153–7176 of 19,293 articles for “eme”

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Forum Shopping and Government Funds: Rallos v. City of Cebu on Execution of Judgments

The Supreme Court dismisses a contempt petition for forum shopping and clarifies rules on executing money judgments against local governments.

Just Compensation and Voluntary Land Sales: Valuing Property Under Agrarian Reform

A landowner who accepts payment and transfers title under agrarian reform cannot later seek higher just compensation. The Supreme Court explains.

Chain of Custody Safeguarding Drug Evidence in Philippine Law

Philippine Supreme Court clarifies strict chain of custody rules for drug evidence under RA 9165, requiring police compliance and integrity preservation.

Just Compensation and Land Valuation: Fairness in Agrarian Reform

When a landowner accepts the government's valuation and transfers title, can they later seek a higher price? The Supreme Court clarifies.

Balancing Company Rules and Employee Rights: The Doctrine of Proportionate Penalty in Illegal Dismissal Cases

When does a company rule violation justify dismissal? The Supreme Court clarifies the doctrine of proportionate penalty in illegal dismissal cases.

Death of Accused Pending Appeal Extinguishes Criminal Liability and Civil Liability Ex Delicto

The Supreme Court clarifies that an accused's death before final judgment extinguishes criminal liability and civil liability arising from the offense.

Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions

Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.

Moral Ascendancy in Rape Cases: Supreme Court Affirms Stepfather's Conviction

The Supreme Court affirms a stepfather's rape conviction, explaining moral ascendancy, victim-survivor credibility, and increased damages in G.R. No. 271812.

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

Res Judicata Bars Repeated Litigation Over Same Land Ownership

Philippine Supreme Court ruling explains how res judicata prevents endless litigation over the same property and title.

Tax Treaty Relief vs. BIR Rules: When Administrative Deadlines Cannot Defeat Treaty Benefits

Supreme Court rules that failure to file a prior tax treaty relief application with the BIR does not automatically forfeit a taxpayer's right to preferential rates under an international tax treaty.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

Dismissal for Loss of Confidence: When a Validly Dismissed Employee Cannot Claim Retirement Pay

The Supreme Court ruled that an employee lawfully dismissed for serious misconduct and loss of confidence cannot be awarded retirement benefits as a measure of social justice.

Grave Negligence and Public Office Accountability for Improper Land Use in Infrastructure Projects

When can a city engineer be criminally liable for a public works project built on private land? The Supreme Court explains gross inexcusable negligence under R.A. 3019.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Trust Receipts vs Loans: When Intent Defines the Contract

Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Finality vs Fairness: How Illegal Dismissal Awards Are Computed Up to Final Judgment

The Supreme Court clarifies that backwages and separation pay in illegal dismissal cases are computed up to finality of judgment, not just the labor arbiter's decision date.

Barangay Election Protests: Finality of Decisions and Execution Pending Appeal

The Supreme Court clarifies the rules on execution pending appeal in barangay election protests, emphasizing finality and proper procedure.

Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law

Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.

Union Disaffiliation and Employee Rights in Collective Bargaining: A Philippine Supreme Court Ruling

Philippine Supreme Court ruling on a local union's right to disaffiliate from its mother federation and the effect on collective bargaining and check-off.

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.