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Showing 9193–9216 of 19,295 articles for “eme”

Burden of Proof in Conspiracy: Protecting Employees from Unjust Dismissal

When employers claim conspiracy to justify dismissal, the Supreme Court requires clear and convincing evidence, not mere assumptions. Learn from Sargasso v. NLRC.

GSIS Contributions: Can Dismissed Government Employees Recover Their Personal Shares?

Philippine Supreme Court ruling on whether dismissed government employees can recover personal GSIS contributions and premiums.

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

VAT Refund Denied for Failure to Print "Zero-Rated" on Invoices

Philippine Supreme Court rules that failure to print "zero-rated" on sales invoices bars VAT refund claims, even for exporters.

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

Deceptive Recruitment Estafa Conviction Affirmed for False Promise of Overseas Employment

Supreme Court affirms estafa conviction of an unlicensed recruiter who falsely promised overseas employment and collected fees from victims.

Custody Agreements Contrary to Child's Best Interests Are Void

Philippine Supreme Court ruling on joint custody agreements for children under seven and the best interests standard.

Insubordination and Due Process: Understanding Employee Rights in Disciplinary Actions

The Supreme Court clarifies when a suspension order is valid, what due process requires, and when defiance justifies dismissal under Philippine law.

Docket Fees and Estoppel in Lease Termination: Metrobank v. Perez

Supreme Court clarifies when late payment of docket fees is allowed and when a party is barred from raising jurisdiction.

Piercing the Form: How Allegations Determine Parties in HLURB Disputes

The Supreme Court clarifies that allegations in a complaint, not its title, determine who are parties to an HLURB case.

Estafa and the Essence of Deceit: Delgado v. People Explained

The Supreme Court affirms that false pretenses, not ownership of funds, define estafa under Article 315 of the Revised Penal Code.

Arrastre Operator's Duty of Care: Liability for Lost Cargo After Delivery

When is an arrastre operator liable for lost cargo? The Supreme Court clarifies the duty of care and limits of liability in Asian Terminals v. Daehan.

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

When Lawyers' Lives Lack Integrity: Disbarment for Gross Immorality and Multiple Marriages

The Supreme Court disbarred two lawyers for gross immorality involving bigamous marriages and illicit affairs, reaffirming that good moral character is a continuing requirement for lawyers.

Kidnapping With Rape: Consent, Sweetheart Theory, and the Madsali Case

The Madsali case clarifies when a against her will—language sufficient to charge kidnapping. Since AAA was a minor, was detained for more than three days, and was raped during the detention, all eleme

Board Resolution Not Always Required for Corporate Verification in Appeals

Philippine Supreme Court clarifies when corporate officers may sign verification and certification against forum shopping without a board resolution.

Psychological Incapacity: When Personality Disorders Do Not Nullify a Marriage

The Supreme Court clarifies that a diagnosis of personality disorders alone does not prove psychological incapacity under Article 36 of the Family Code.

Adverse Claim vs Execution Sale: Protecting Prior Registered Rights Over Land

The Supreme Court ruled that a levy on execution is subordinate to valid encumbrances already annotated on the title, and that an adverse claim gives constructive notice to all.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Illegal Recruitment and Estafa: Distinguishing Roles and Defining Accountability

When do employees of an illegal recruiter face criminal liability? The Supreme Court clarifies the rules on conspiracy, syndicate, and penalties.

Loss of Trust and Confidence as Valid Cause for Dismissal: Bibiana Farms v. Lado

Supreme Court clarifies when loss of trust and confidence justifies dismissal and what procedural due process requires in employee termination.

Perfected Sales vs Contracts to Sell: Ownership Transfer and Good Faith in Property Disputes

Philippine Supreme Court clarifies the difference between a contract of sale and a contract to sell, and how good faith determines ownership in double sales.

Customs Bonds: Contractual Obligations vs Tax Collection Cases

Supreme Court clarifies that suits on customs bonds are contractual, not tax collection cases, so appeals go to the Court of Appeals.