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Showing 7681–7704 of 19,294 articles for “eme”

Fresh Period Rule in Criminal Appeals: Protecting the Accused's Right to Appeal

The Supreme Court applies the fresh period rule to criminal appeals, ensuring accused persons get a full 15 days to appeal after denial of reconsideration.

How Conspiracy and Abuse of Superior Strength Shape Murder Liability in Philippine Law

A Supreme Court ruling explains how conspiracy and abuse of superior strength are proven in murder cases, and why each participant bears equal liability.

Fresh Period Rule in Criminal Appeals: Rodriguez v. People Explained

The Supreme Court clarifies that the fresh period rule applies to criminal appeals, giving convicted accused a full 15 days from denial of reconsideration.

Bank Liability for Altered Checks and Employee Misconduct: Lessons from Westmont Bank v. Dela Rosa-Ramos

Philippine Supreme Court clarifies when banks are liable for altered checks and negligent employees, and how depositor contributory negligence affects damages.

Finality vs Justice: Reconciling Immutability of Judgments With Equitable Labor Standards

The Supreme Court clarifies when a final judgment can be reconsidered, balancing the doctrine of immutability with the rights of illegally dismissed employees.

Extending Option to Purchase in Government Contracts: When Amendments Are Valid

Supreme Court explains when extending an option to purchase in a government contract is a valid amendment, not a new procurement requiring public bidding.

Due Process in Homeowners Association Expulsions: Lessons from Arroyo v. Rosal Homeowners Association

Supreme Court clarifies due process requirements for homeowners association expulsion and eviction under the Community Mortgage Program.

Airline Liability for Breach of Contract When Confirmed Bookings Are Cancelled

Philippine Supreme Court ruling on airline liability when confirmed bookings are cancelled, covering damages, joint liability, and passenger rights.

Rape Conviction Stands: How Courts Weigh Inconsistencies in Victim Testimony

Supreme Court affirms rape conviction, explaining why minor inconsistencies in a victim's testimony do not destroy credibility.

Dismissal of Appeal: Fugitive Status Bars Access to Judicial Relief

A Supreme Court ruling explains why an accused who jumps bail loses the right to appeal and seek relief from the courts.

Civilian Courts Prevail Over Military Tribunals for Non-Service-Connected Crimes

Supreme Court clarifies that military personnel accused of murder face trial in civilian courts, not court-martial, under R.A. 7055.

Construction Contract Disputes: Owner's Change Orders Justify Contractor's Delay in Payment Claims

Philippine Supreme Court rules contractor entitled to payment despite delays caused by owner's change orders and additional works.

Payment to Authorized Agent Extinguishes Debt Even After Contract Termination

Philippine Supreme Court ruling on when payment to an authorized agent extinguishes a debtor's obligation, and how courts treat issues tried with implied consent.

Breach of Trust: Upholding Employers' Right to Terminate Managerial Employees in the Philippines

Philippine Supreme Court clarifies when employers may validly terminate managerial employees for breach of trust, examining the legal standards and evidentiary requirements.

Judicial Accountability: The Price of Delay in Rendering Decisions

This article examines the Supreme Court's ruling on the consequences of delayed decisions and the importance of judicial accountability in the Philippine legal system.

Default Judgments: Balancing Procedural Rules and Fairness in Philippine Courts

The Supreme Court clarifies when courts may declare a defendant in default for late answers, balancing strict procedural rules against fairness.

Novation Requires Clear Intent: Upholding Lease Agreements in Philippine Law

Philippine Supreme Court clarifies that novation of a lease into a deposit requires clear intent, not mere inference from circumstances.

Contractual Obligations vs Agrarian Reform: Upholding Lease Agreements in Agricultural Land Disputes

Supreme Court rules on binding lease addendums in agrarian reform lands, emphasizing contract mutuality and prescription under RA 3844.

Loss of Trust and Confidence: When Can Philippine Employers Dismiss Managerial Employees?

The Supreme Court in Manese v. Jollibee clarifies the less stringent standard for dismissing managerial employees for loss of trust and confidence.

Accountability in Armed Robbery and Kidnapping: Defining Roles and Liabilities

A look at how Philippine courts assign criminal liability to each participant in armed robbery and kidnapping-for-ransom, based on a 2012 Supreme Court ruling.

Norkis Trading v. Buenavista: Labor-Only Contracting and Employer Status

Learn how the Supreme Court ruled on labor-only contracting, employer status, and the binding effect of DOLE findings in Norkis Trading v. Buenavista.

Buy-Bust Operations and Chain of Custody in Drug Cases: Key Lessons

A Supreme Court ruling explains why strict compliance with chain of custody rules matters—and when minor lapses won't defeat a drug conviction.

Heir Exclusion and Property Sale: Validity and Rights in Estate Settlements

Learn how excluding heirs voids an extrajudicial settlement, the sale's partial validity, and heirs' rights in estate distribution.

Accountability for Band Robbery and Kidnapping: Upholding Victim Rights and Public Safety

Supreme Court affirms convictions for robbery by a band and kidnapping for ransom, clarifying penalties, damages, and the weight of witness credibility.