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Showing 10345–10368 of 19,295 articles for “eme”

Seafarer Dismissal Upheld: Totality of Infractions and Due Process in Maritime Cases

Philippine Supreme Court upholds seafarer's dismissal based on totality of infractions, but awards nominal damages for lack of due process.

When a Lawyer's Private Misconduct Warrants Disbarment: The Arnobit Case

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for the practice of law.

Supreme Court on Homicide Conviction and Credibility of Witness Testimony

The Supreme Court upholds a homicide conviction, explaining how courts weigh witness credibility and medical evidence in criminal cases.

Procedural Compliance and Corporate Rehabilitation: Ensuring Fair Adjudication of Appeals

The Supreme Court reminds appellate courts that procedural rules serve justice, not frustrate it, in corporate rehabilitation appeals.

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

The Supreme Court explains the difference between valid buy-bust entrapment and a mere frame-up in drug cases, and what evidence convicts.

Upholding Ethical Conduct Court Employee Penalized FOR Discourteous Behavior AND Misconduct

The Supreme Court ruled that a court employee's discourteous behavior and misconduct warrant disciplinary action, reaffirming strict ethical standards for judiciary personnel.

Pharmacists' Negligence: The High Standard of Care in Dispensing Medicine

When a pharmacist gives the wrong medicine, that mistake is negligence. The Supreme Court explains the high standard of care for drugstores in Mercury Drug v. De Leon.

Tax Assessment Validity: Balancing Revenue Collection and Taxpayer Rights in Evidence Disputes

The Supreme Court clarifies that illegally obtained documents do not automatically invalidate tax assessments, balancing BIR collection powers with taxpayer protections.

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

Falsification of Documents and Dishonesty: Dismissal from Public Service

Supreme Court affirms dismissal of court employee for falsifying a CSC eligibility certificate and lying in his Personal Data Sheet.

Lawyer Disbarred for Gross Immoral Conduct: Abandoning Wife and Children

Supreme Court disbars lawyer who abandoned his wife and 12 children to cohabit with another woman, ruling gross immoral conduct warrants the ultimate penalty.

Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap

Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.

Parol Evidence Rule in Philippine Contracts: When Verbal Agreements Cannot Alter Written Terms

Philippine Supreme Court clarifies when the parol evidence rule applies and why subsequent verbal agreements to modify written contracts require credible proof.

When Shipowner Negligence Sinks the Limited Liability Defense in Philippine Maritime Law

Philippine Supreme Court clarifies when shipowners lose the limited liability rule due to actual negligence in cargo loss cases.

When Lawyers Fall Short: Disbarment for Gross Immoral Conduct

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for membership in the bar.

Intent to Gain in Robbery: When Helping a Neighbor Is Not a Crime

The Supreme Court acquitted a man of robbery for helping a neighbor move property, ruling that intent to gain must be proven beyond reasonable doubt.

Mortgage Validity Good Faith Requirement When Dealing With Agents

Lease vs Land Reform: Tenant Rights to Crops and Improvements Under CARP

When the government acquires land under CARP, who owns the standing crops and improvements—the landowner or the tenant? The Supreme Court clarifies.

Judicial Independence vs Ethical Boundaries: The Meralco-GSIS Case

The Supreme Court's ruling on CA justices in the Meralco-GSIS case clarifies the ethical limits of judicial independence and propriety.

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Preventive Suspension of Public Officials: When a Case Becomes Moot

Explore when a challenge to preventive suspension becomes moot, using the Supreme Court's ruling in Radaza v. Court of Appeals.

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection

When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.

When a Wrong Remedy Costs an Appeal: The Deus v. People Doctrine on Liberal Construction

The Supreme Court reminds courts to relax procedural rules when an unrepresented accused files the wrong remedy, protecting the right to liberty.