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Showing 12457–12480 of 19,297 articles for “eme”

Constructive Dismissal Claims Require Proof of Employer Knowledge and Inaction

Supreme Court clarifies that voluntary resignation stands unless the employee proves the employer knew of intolerable conditions and did nothing.

Fatal Flaws in Philippine Wills: Why Proper Attestation and Acknowledgment Are Non-Negotiable

Learn why the Supreme Court denied probate of a notarial will with three fatal defects under the Civil Code's formal requirements for wills.

Lost Votes Lost Mandates: Why Proper Comelec Rehearing Procedures Matter in Philippine Elections

A tied Comelec vote on a mayoral proclamation was resolved by "re-consultation" instead of a rehearing. The Supreme Court explains why procedure matters.

Jumping Bail in the Philippines: Why Absconding Can Cost You Your Appeal — Lessons from Alva v. Court of Appea

Can fleeing while on bail kill your appeal? The Supreme Court says yes. Learn the rules from Alva v. Court of Appeals.

Beyond 30 Days When Preventive Suspension Becomes Constructive Dismissal

Philippine Supreme Court clarifies that preventive suspension beyond 30 days can constitute constructive dismissal, entitling employees to reinstatement and backwages.

Seafarer Disability Claims: Heart Condition and Fitness for Sea Duty After Bypass Surgery

Philippine Supreme Court ruling on seafarer permanent total disability benefits after heart bypass surgery under the 1996 POEA Standard Employment Contract.

Lost Your Case ON A Technicality Understanding Verification AND Certification IN Philippine Courts

A Supreme Court ruling explains why failing to verify a petition or certify against forum shopping can end a case before it begins.

Regular vs Project Employees: Understanding Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies the test for regular vs project employee status, security of tenure, and the two-notice rule in illegal dismissal cases.

Optional Retirement vs Financial Assistance: Employee Rights and Employer Prerogatives in Philippine Labor Law

Philippine Supreme Court clarifies when optional retirement is an employer's prerogative and when financial assistance may still be granted as an equitable concession.

Undue Injury and Bad Faith: Key Elements in Philippine Anti-Graft Cases

Explaining the Bustillo v. Sandiganbayan ruling on mandatory suspension and the interpretation of fraud in anti-graft cases.

When a Court Employee's Misconduct Outside the Courtroom Leads to Dismissal

The Supreme Court dismissed a court cashier for tampering with official receipts and misappropriating judiciary funds, reaffirming that integrity is required of all court personnel.

Beyond the Case Title: Why Complaint Allegations Dictate Court Jurisdiction in Philippine Ejectment Cases

Philippine Supreme Court clarifies that the allegations in a complaint, not its title, determine whether a case is for ejectment or collection of sum of money.

Preventing Spurious Bail Bonds: Court Employee Accountability in the Philippines

The Supreme Court holds court personnel accountable for negligence that allowed spurious bail bonds and release orders to free detained prisoners.

Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank

When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.

Judicial Conduct and Mental Fitness: When Can a Philippine Judge Be Removed From Office

The Supreme Court clarifies the line between judicial misconduct and mental incapacity in removing a judge from office.

Upholding Integrity: Public Officials Held Accountable for Dishonesty and Misconduct

The Supreme Court reinstates the Ombudsman's ruling against a school principal for dishonesty, grave misconduct, and prohibited private practice under R.A. 6713.

AWOL in the Philippines: When Absence Means Job Loss — A Supreme Court Case Analysis

A look at how Philippine law treats AWOL (absence without official leave) in employment, based on a Supreme Court decision.

Judicial Admissions in Philippine Courts: How Your Statements Can Decide Your Case

Learn how judicial admissions work in Philippine courts and why your statements in pleadings can bind you and decide your case.

Trademark Ownership in the Philippines: Why Prior Use Beats Registration Alone

The Supreme Court explains why actual use in commerce, not mere registration, determines trademark ownership under Philippine law.

Prima Facie Evidence in Disbarment Cases: Protecting Lawyers From Baseless Accusations

Learn how the Supreme Court protects lawyers from baseless disbarment complaints, requiring prima facie evidence before full investigation proceeds.

Due Process for Probationary Employees Navigating Termination and Notice Requirements in Philippine Labor Law

Understand the due process rights of probationary employees in the Philippines, including termination rules, notice requirements, and legal remedies.

Reckless Driving and Property Damage: Understanding Liability for Negligence on Philippine Roads

When a bus swerves and damages property, who pays? This case clarifies reckless imprudence, actual damages, and the sudden emergency rule.

Breach of Trust: Understanding Lawyer Misconduct and Disciplinary Actions in the Philippines

When do a lawyer's personal dealings become grounds for disbarment? The Supreme Court clarifies the high bar for professional misconduct cases.

Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion

Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.