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Showing 9361–9384 of 19,295 articles for “eme”

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Drug Testing on the High Seas: Upholding Seafarer Dismissal for Marijuana Use

Supreme Court rules on seafarer dismissal for positive marijuana test, due process, and drug test evidence in maritime cases.

Employee vs Corporate Officer: Who Hears Illegal Dismissal Cases?

The Supreme Court clarifies when a company administrator is a regular employee, not a corporate officer, for labor jurisdiction purposes.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Just Compensation Land Valuation Under Agrarian Reform Requires Independent Judicial Assessment

Philippine Supreme Court rules trial courts must independently determine just compensation in agrarian reform cases, not merely adopt DARAB valuations.

Upholding Foreclosure Validity When Technicalities Yield to Substantial Compliance

Supreme Court clarifies that minor defects in posting certificates don't invalidate extrajudicial foreclosure when publication and notice requirements are substantially met.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies that habeas corpus in child custody cases requires a full trial to determine the child's best interests, not just the child's production in court.

Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity

Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.

Probable Cause and Warrantless Searches: Safeguarding Rights in Drug Cases

The Supreme Court explains when roadside warrantless searches are valid in drug cases and how probable cause protects accused persons' rights.

CBA Renegotiation Preserving Workers Rights TO Union Representation

Philippine Supreme Court ruling on how CBA renegotiation affects the 60-day freedom period for certification elections and union representation rights.

Positive Identification Prevails Over Alibi in Philippine Murder Conviction

How the Supreme Court affirmed a murder conviction, ruling that credible eyewitness identification outweighs the inherently weak defense of alibi.

Ejectment Cases: When Courts May Admit Evidence Not in the Pleadings

Supreme Court clarifies when trial courts may admit evidence not raised in pleadings, and how prior titles prevail in ejectment disputes.

Supreme Court Clarifies Plaintiff's Duty to Set Case for Pre-Trial After Answer

The Supreme Court affirms dismissal of a case for failure to prosecute, clarifying that plaintiffs must promptly set cases for pre-trial after the last pleading is filed.

Electric Cooperative Liable for Injuries from Uninsulated High-Voltage Wires

Philippine Supreme Court holds electric cooperative negligent for uninsulated high-voltage lines over a home, affirming damages for electrocution injuries.

When a Transfer Becomes Constructive Dismissal: Limits on Management Prerogative

Philippine Supreme Court clarifies when an employee transfer crosses the line from valid management prerogative to constructive dismissal, requiring reinstatement and backwages.

Premature Campaigning: The Fine Line Between Aspiring and Declared Candidacy in Philippine Elections

The Supreme Court clarifies when a person becomes a candidate for election law purposes, and what this means for premature campaigning rules.

Zero-Rated Sales and VAT Refund Eligibility for Power Generation Companies

Explaining the Supreme Court's ruling in San Roque Power Corp. v. CIR on VAT refunds for zero-rated sales by power generators.

Ejectment Actions Ownership Disputes DO NOT Suspend Ejectment Proceedings

Filing an ownership dispute does not suspend an ejectment case. The Supreme Court explains why in Samonte v. Century Savings Bank.

Due Process, Jurisdiction, and Provisional Remedies in Philippine Criminal Law

A look at Villamor v. People on due process, jurisdiction, and provisional remedies in Philippine criminal procedure.

Negligence and Employer Liability in Vehicular Accidents: Res Ipsa Loquitur Explained

When a bus collides with a jeepney at a highway intersection, who is at fault? The Supreme Court explains res ipsa loquitur and employer liability.

Retention Rights Under Agrarian Reform: Balancing Land Ownership and Social Justice

The Supreme Court clarifies when landowners can retain land under agrarian reform, applying restrictions from LOI 474 to RA 6657.

Electric Cooperative's Negligence in Power Line Installation: Proximate Cause Ruling

Supreme Court affirms liability of electric cooperative for electrocution injuries, applying proximate cause and foreseeability tests in negligence cases.

St. Luke's v. Fadrigo: Loss of Trust and Confidence Needs Substantial Evidence

In St. Luke's Medical Center v. Fadrigo, the Supreme Court rules that dismissal for breach of trust must rest on substantial evidence.

Defining Expertise Qualifications for Judiciary's Information Systems Leadership

The Supreme Court clarifies qualification standards for MISO leadership, balancing legal expertise with ICT proficiency.