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Showing 9817–9840 of 19,295 articles for “eme”

Breach of Trust vs Estafa: Delineating Fiduciary Duty in Investment Transactions

When does an investment house's failure to return funds become estafa? The Supreme Court clarifies the line between fiduciary duty and mere debtor-creditor relations.

Derivative Suits vs Corporate Liquidation: Protecting Corporate Assets and Stockholder Rights

Philippine Supreme Court clarifies the distinction between derivative suits and corporate liquidation proceedings in stockholder disputes.

Balancing Justice AND Procedure When Timeliness Gives WAY TO Equitable Outcomes

When a one-day delay in filing a motion could have cost a complainant his civil claim, the Supreme Court showed when equity may prevail over strict procedural rules.

Tenant Rights Consent AND Sharing Requirements IN Agricultural Land Disputes

When is a land dispute agrarian or civil? The Supreme Court clarifies DARAB jurisdiction and the rules on tenancy.

Court Jurisdiction in Property Disputes: Agrarian Reform vs Civil Action

Supreme Court clarifies when property disputes fall under regular courts rather than DARAB, using jurisdictional rules.

Boundary Disputes and Local Autonomy: Clarifying Jurisdiction in the Philippines

The Supreme Court clarifies which body settles boundary disputes between LGUs in Metro Manila, and when courts may intervene.

DST on Deposit on Stock Subscription: When Is It Due?

The Supreme Court clarifies when documentary stamp tax applies to deposits on stock subscription, distinguishing them from actual stock subscriptions.

Independent Contractor vs Employee: Control Test in Consultancy Agreements

The Supreme Court clarifies when a consultant is an independent contractor, not an employee, using the four-fold test and control test.

Breach of Trust Justifies Dismissal Safeguarding Employer Confidence in Managerial Roles

Learn when loss of trust and confidence justifies dismissing managerial employees under Philippine labor law, based on a Supreme Court ruling.

Forcible Entry: Prior Physical Possession Is the Decisive Factor

Philippine Supreme Court clarifies that forcible entry cases hinge on prior physical possession, not tax declarations or ownership claims.

Supreme Court Dismisses Judge for Gross Immorality in Extramarital Affair Case

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and child, while suspending him from law practice for three years.

CSC Disciplinary Power Over State University Employees Affirmed Despite Board Autonomy

Supreme Court affirms CSC's authority to discipline state university employees, clarifying that board autonomy does not divest the Commission of jurisdiction.

Oath of Office Defines Authority: Upholding Appointments Before Succession in Public Office

When does an outgoing official lose appointing power? The Supreme Court rules on oath, succession, and valid promotions.

Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal

Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.

Breach of Contract and Delay Damages in Construction Projects: Uy v. Public Estates Authority

A Supreme Court ruling on contractor claims for delay damages, standby equipment costs, and the strict written-change-order rule under Article 1724.

Loss of Trust When Employee Criticism Doesnt Justify Dismissal

Philippine Supreme Court rules that loss of trust and confidence requires willful breach, not mere criticism or suspicion.

Redemption Rights Strict Tender Of Full Payment Required In Foreclosure Cases

Philippine Supreme Court ruling on strict tender of full payment for property redemption after extrajudicial foreclosure.

Constructive Dismissal When Unpaid Wages Create an Unjust Working Environment

Philippine Supreme Court ruling on procedural rules in labor cases, backwages, and reinstatement obligations of employers pending appeal.

Protecting Children: Defining and Punishing Child Abuse Under Philippine Law

The Supreme Court clarifies when sexual abuse of a minor falls under RA 7610 and how courts determine the true nature of the crime charged.

Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case

The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.

Surety Bond Liability and Contract Changes in Construction Disputes: Stronghold v. Tokyu

When a construction contract changes, does a surety bond still hold? The Supreme Court explains in Stronghold v. Tokyu.

Carnapping Penalties: The Critical Importance of Allegations in the Information

In Andres v. People, the Supreme Court lowered a carnapping penalty because the Information failed to allege the qualifying circumstances proven at trial.

Perfected Contract to Sell vs Cancellation for Default: Lessons from Traders Royal Bank v. Cuison

When is a contract to sell perfected, and when can a seller cancel it for default? The Supreme Court clarifies in Traders Royal Bank v. Cuison.

Separation of Proceedings: Annulment Case Cannot Delay Writ of Possession

Supreme Court rules consolidation of annulment case with writ of possession petition is grave abuse, delays foreclosure remedy.