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Showing 10369–10392 of 19,295 articles for “eme”

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court explains why courts dismiss cases filed before administrative appeals are exhausted, using Oporto v. NPC.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Automatic Lease Cancellation: Non-Payment of Rent Triggers Termination

A Supreme Court ruling confirms that a lease clause allowing automatic cancellation for unpaid rent takes effect by itself, leaving the lessee without any right to damages.

Water District Directors' Per Diems Are Their Only Compensation

The Supreme Court ruled that water district directors may receive only per diems under PD 198, but those who acted in good faith need not refund disallowed benefits.

When the Ombudsman Must Yield to School Superintendents in Teacher Cases

The Supreme Court clarifies overlapping jurisdiction over administrative cases against public school teachers, and when the Ombudsman may still act.

Grave Misconduct and Dismissal of Court Personnel: Acquittal in Criminal Case Does Not Bar Administrative Liab

The Supreme Court explains why a court aide's acquittal in a rape case did not prevent his dismissal for grave misconduct from judicial service.

Regular Employment vs Fixed-Term Contracts: Security of Tenure for Electric Cooperative Linemen

When do fixed-term contracts mask regular employment? The Supreme Court clarifies security of tenure rules for linemen in Agusan del Norte Electric Cooperative v. Cagampang.

Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages

Project Employee or Regular Employee? Court Rules on Repeated Rehiring and Termination Reports

Supreme Court clarifies when project employees become regular employees, emphasizing employer burden to prove project status and file termination reports.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Due Process and Fair Play: When a Lawyer's Oversight Is Not Malice

When can a lawyer be disciplined for lapses in court? The Supreme Court explains the line between honest error and misconduct.

Court Stenographers' Duty of Diligence: Lessons from a One-Year Suspension

A Supreme Court ruling on a stenographer's suspension for inefficiency, loafing, and false logbook entries underscores accountability in the judiciary.

Accountability for Kidnapping: Conspiracy, Confessions, and Justice in People v. Muit

Supreme Court affirms convictions for kidnapping and carnapping, explaining conspiracy, interlocking confessions, and penalties.

Illegal Recruitment: Simple vs Large Scale — A Crucial Distinction in Philippine Law

The Supreme Court clarifies when illegal recruitment becomes large scale, and why the number of victims matters in Philippine criminal law.

Probable Cause vs. Proof of Conspiracy: Lessons from Victorias Milling v. Padilla

The Supreme Court clarifies that judges need only probable cause, not proof beyond reasonable doubt, to find conspiracy at the warrant stage.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Due Process Prevails: Demotion Without Notice Violates Employee Rights in the Philippines

Philippine Supreme Court rules on due process in employee discipline, examining demotion without notice and seafarer abandonment cases.

Protecting the Young: Statutory Rape Conviction and the Weakness of Alibi

A Supreme Court ruling affirms that alibi cannot defeat positive identification in statutory rape cases involving minors.

Conspiracy and Liability in Rape: Understanding Shared Criminal Intent

Philippine Supreme Court clarifies conspiracy rules in rape cases, explaining when co-accused share criminal liability.

Finality Prevails: Nullifying Titles and Reverting Illegally Acquired Public Lands

The Supreme Court reaffirms that final judgments on land title nullification and reversion to public domain are immutable and must be executed.

Compromise Agreements Upholding Contractual Freedom To Settle Disputes Out of Court

The Supreme Court approved a compromise agreement ending a subrogation dispute, affirming parties' freedom to settle litigation through mutual concessions.

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.