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Showing 10081–10104 of 19,295 articles for “eme”

Double Jeopardy and Police Accountability: When Amending an Information Is Allowed

Explaining when an amended criminal information does not trigger double jeopardy, through a Philippine Supreme Court ruling on police killings.

Certiorari and Summary Procedure: When Dismissal for Failure to Prosecute Is Too Harsh

A look at when Philippine courts may relax procedural rules on dismissal for failure to prosecute, based on a 2009 Supreme Court ruling.

Psychological Incapacity Reassessing Marital Nullity Under Article 36 of the Family Code

The Supreme Court clarifies that psychological incapacity under Article 36 need not fit rigid molds, urging a case-by-case, totality-of-circumstances approach.

Failure to Prosecute: When Dismissal Is Too Severe a Sanction

Explaining when courts may relax procedural rules on failure to prosecute, based on a 2009 Supreme Court ruling.

Senate Authority vs Individual Rights: Defining Limits of Legislative Inquiries in the Philippines

The Supreme Court clarifies the scope of Senate inquiry powers in Dela Paz v. Senate Committee on Foreign Relations, balancing legislative authority with individual rights.

Labor-Only Contracting: When a Principal Becomes the True Employer

Supreme Court ruling on labor-only contracting and when a principal becomes the true employer of contractual workers.

Upholding Ethical Conduct: Disciplining Court Employees for Unprofessional Behavior

The Supreme Court reminds court employees that courtesy and self-restraint are duties of public service, disciplining two sheriffs for verbal abuse of a litigant.

Malversation Conviction Upheld: Signature on Audit Report as Evidence of Accountability

The Supreme Court holds that a municipal treasurer's signature on a COA cash examination report is an acknowledgment of accountability for public funds.

Upholding Contingent Attorneys Fees When ARE They Enforceable

When are contingent attorney's fees enforceable in Philippine labor cases? The Supreme Court clarifies the rules in Masmud v. NLRC.

Falsifying Personal Data Sheets: Dishonesty in Public Service and Its Penalties

The Supreme Court ruled that falsifying entries in a government employee's Personal Data Sheet constitutes dishonesty, but mitigating circumstances may reduce the penalty of dismissal.

Res Judicata and Forum Shopping: When Repeated Lawsuits Over the Same Land Dispute Are Barred

Philippine Supreme Court explains forum shopping rules and when dismissal for failure to prosecute is too severe a sanction.

Defining the Employer: Coca-Cola's Control Over Contracted Salesmen

When is a contractor a labor-only contractor? The Supreme Court clarifies employer liability and control over contracted salesmen.

Construction Disputes THE Role OF Independent Experts IN Resolving Deductive Cost Disagreements

Enforcing Final Judgments: Accounting for Unlawful Rental Collection After Foreclosure

Philippine Supreme Court clarifies that final judgments may be executed even if the exact amount is unstated, allowing courts to conduct hearings for accounting.

Due Process in Electricity Disconnection: Why Law Enforcement Presence Matters

Philippine Supreme Court ruling on RA 7832: electricity disconnection for meter tampering requires law enforcement or ERB representative presence.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Perfected Sales Obligations Arise Upon Delivery Despite Documentation Disputes

Supreme Court clarifies that delivery of goods perfects a sale, making payment due even if invoices and purchase orders are disputed.

Sheriffs Must Execute Court Orders Promptly: Accountability in the Judiciary

A sheriff's delay in implementing a writ of demolition leads to suspension, underscoring the duty to execute court orders promptly and efficiently.

Court Personnel and Delay in Executing Writs: Domingo v. Malana

The Supreme Court suspended a sheriff for delaying a writ of demolition, reminding court personnel that judgments left unexecuted are rendered inutile.

Deceptive Recruitment Liability FOR Illegal Recruitment AND Estafa

Learn how a fake overseas job scheme triggered both illegal recruitment and estafa charges, and the penalties imposed.

Distinguishing Homicide From Robbery With Homicide Intent IS KEY

The Supreme Court clarifies when a killing is mere homicide, not robbery with homicide, and explains the intent requirement.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Domingo v. Malana

A sheriff's delay in executing a writ of demolition is administrative misconduct. Learn the rules and accountability standards from this Philippine Supreme Court case.

VFA Constitutionality Upheld: Balancing Sovereignty and International Agreements

The Supreme Court upheld the Visiting Forces Agreement as constitutional while striking down detention agreements that violated its terms.

Due Process in Employee Dismissal: Balancing Notice and Opportunity to Be Heard

Philippine Supreme Court clarifies the twin notice requirement in employee dismissal—opportunity to be heard, not actual hearing, is the essence of due process.