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Showing 7249–7272 of 19,293 articles for “eme”

Self-Defense Claims and the Degree of Injury: When Assault Becomes Attempted Murder

A Supreme Court ruling clarifies self-defense burdens, treachery, and why a non-fatal wound means attempted, not frustrated, murder.

Double Dipping Denied Retirement Benefits VS Separation PAY IN Redundancy Cases

Due Process in Employee Dismissal: Nominal Damages for Procedural Lapses

Philippine Supreme Court clarifies that dismissing an employee for just cause still requires procedural due process, or the employer pays nominal damages.

No Separation Pay for Employees Dismissed for Cause: Key Labor Ruling

Philippine Supreme Court clarifies that employees validly dismissed for just causes like breach of trust are not entitled to separation pay.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Piercing the Veil: Determining Employer Status in Labor Disputes

When is a manpower agency a mere labor-only contractor? The Supreme Court clarifies the test for true employer status in labor disputes.

Quantum Meruit and Attorneys Fees in the Philippines: Filing Claims After Case Finality

Philippine Supreme Court ruling on recovering attorney's fees via quantum meruit after a case becomes final, with timing rules.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.

Gross Negligence in Cash Advances Is Breach of Public Trust: Bacasmas v. Sandiganbayan

Public officials who approve irregular cash advances face graft liability. The Supreme Court explains gross negligence, bad faith, and conspiracy in Bacasmas v. Sandiganbayan.

Sheriffs' Misconduct Over Levied Vehicle: Grave Abuse of Public Trust

When sheriffs used a levied vehicle for personal errands and lost it, the Supreme Court imposed the ultimate administrative penalty.

Disbarment for Lawyer’s Fraudulent Sale of Client’s Property

Supreme Court disbars lawyer who misrepresented ownership of clients’ land, sold it, and kept proceeds, violating Rule 1.01 of the CPR.

Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases

Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.

Heirship Disputes Must Be Resolved in Special Proceedings, Not Ordinary Civil Actions

Philippine Supreme Court clarifies that determining legal heirs requires a special proceeding, not an ordinary action for reconveyance.

When Is Employee Dismissal for Abandonment Justified Under Philippine Law

Philippine Supreme Court clarifies the two elements of abandonment of employment and when dismissal is legally justified.

Simulated Sales: When Intent to Transfer Ownership Is Absent

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Formaran v. Ong as a guide.

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Reasonable Doubt: When Inconsistent Police Testimony Overturns a Drug Sale Conviction

The Supreme Court acquits a drug suspect after police witnesses gave conflicting accounts of a buy-bust operation, breaking the chain of custody.

Corporate Authority and Double Taxation: Lessons from Swedish Match Philippines

Supreme Court clarifies rules on corporate authority in tax refund cases and double taxation under local business tax ordinances.

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.

Seafarers Disability Claims: POEA-SEC Governs Absent Proof of CBA Benefits

Supreme Court clarifies when POEA-SEC, not a CBA, governs seafarer disability pay; proof requirements for claiming superior CBA benefits.

Management Prerogative vs Constructive Dismissal: Limits of Employee Transfers

When is a job transfer a valid management prerogative and when does it become constructive dismissal? The Supreme Court clarifies in Peckson v. Robinsons Supermarket.

Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers

Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.

When Kin Turn Killers: Conspiracy and Defense of Relatives in Philippine Murder Law

The Supreme Court affirms murder convictions of three relatives, clarifying conspiracy and the defense of relatives under Article 11 of the Revised Penal Code.

Subrogation Rights Prescription Period For Insurers Seeking Reimbursement

Philippine Supreme Court clarifies that an insurer's subrogation claim prescribes in 10 years, not 4, under Article 1144 of the Civil Code.