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Showing 11161–11184 of 19,296 articles for “eme”

Eminent Domain and Just Compensation: Why Courts—Not Agencies—Fix Fair Value

Supreme Court clarifies that RTCs, not DAR adjudicators, have original jurisdiction over just compensation in agrarian expropriation cases.

Bail and State Witness Rules in Murder and Parricide Cases: The Valerio Case

The Supreme Court clarifies when bail may be denied and when an accused may be discharged as state witness in murder and parricide cases.

Salary Reclassification in Government: Actual Duties vs Official Position

Philippine Supreme Court ruling on whether actual duties or official position title governs government salary reclassification under EO 189.

Compressed Workweek Legality in the Philippines: Economic Downturn vs. Workers' Rights

The Supreme Court ruled that a company cannot cut workdays to three per week just because it suffered losses—financial hardship must be proven with convincing evidence.

The Fresh Period Rule: Reinterpreting Appeal Deadlines for Fair Adjudication

The Supreme Court clarifies the fresh period rule, allowing appeals within 15 days from denial of reconsideration, promoting substantial justice.

Contractual Obligations and Third Party Rights in Property Lease Disputes

Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.

Guilty Plea Improvidence Evidence Trumps Error IN Child Rape Case

Supreme Court clarifies when an improvident guilty plea in a capital offense does not invalidate a rape conviction.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.

Debt-to-Equity Conversions and Stockholder Rights in Sequestered Corporations

The Supreme Court clarifies that ordinary courts lose jurisdiction over disputes involving sequestered corporations, which must be heard by the Sandiganbayan.

Reasonable Doubt and Prior Inconsistent Actions in Philippine Rape Cases

How the Supreme Court weighed credibility, prior sexual history, and the sweetheart defense in a rape conviction.

Rape Conviction Upheld Despite Victim's Mental Incapacity: People v. Constantino

The Supreme Court affirmed a rape conviction where the victim had the mental age of a child, clarifying that mental incapacity negates consent under Philippine law.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Duterte v. Kingswood: Burden of Proof in Disease-Based Dismissals

Philippine Supreme Court clarifies that employers, not employees, must secure a health authority certification to validly terminate on disease grounds.

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.

Government Liability When Illegal Land Seizure Requires Just Compensation

Supreme Court ruling on government liability for illegally seized property, default judgments, and limits on monetary awards.

Burden of Proof in Illegal Dismissal Cases: Employer's Duty to Certify Illness

In Duterte v. Kingswood Trading, the Supreme Court held the employer, not the worker, must prove that illness justified a dismissal.

Real Property Tax Exemption: Government Instrumentalities vs. Beneficial Use by Private Entities

When does a government agency's real property tax exemption end? The Supreme Court clarifies the rule on leased government properties.

Shares of Stock and Due Diligence: Examining the Duty to Verify Ownership in Legal Disputes

A look at Jimmy T. Go v. Abrogar, where the Supreme Court ruled on the duty to verify share ownership before claiming attachment rights.

Binding Amicable Settlements: Understanding Repudiation in Barangay Justice

When is a barangay amicable settlement binding? The Supreme Court explains repudiation rules under the Local Government Code.

Motion for Reconsideration: An Essential Step Before Certiorari

Learn why the Supreme Court requires a motion for reconsideration before filing a petition for certiorari, and the exceptions to this rule.