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Showing 14905–14928 of 19,299 articles for “eme”

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines

A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.

Upholding Contractual Obligations THE Importance OF Book Value IN Share Purchase Agreements

Distinguishing Murder from Kidnapping: Intent to Kill vs Deprivation of Liberty in Philippine Law

Philippine Supreme Court clarifies the line between murder and kidnapping, focusing on intent to kill versus deprivation of liberty.

Rape Charge Reduced to Acts of Lasciviousness Under the Child Abuse Law

When the prosecution failed to prove carnal knowledge, the Supreme Court convicted the accused of acts of lasciviousness under the Child Abuse Law instead of rape.

The Particularity Requirement Balancing Privacy and Law Enforcement in Search Warrants

Supreme Court acquits in credit card fraud case, ruling that items not listed in a search warrant and not in plain view cannot be seized or used as evidence.

Conspiracy Unmasked When Silence Implies Guilt IN Murder AND Kidnapping Cases

The Supreme Court explains how circumstantial evidence and silence can establish conspiracy in murder and kidnapping cases.

Rape Conviction Intact Hymen AND THE Nuances OF Attempted VS Consummated Rape Under Philippine LAW

Philippine Supreme Court clarifies that an intact hymen does not negate consummated rape, and distinguishes attempted from consummated rape.

Judicial Accountability: The Duty to Decide Cases Promptly and the Price of Gross Inefficiency

The Supreme Court fined a retired judge P50,000 for gross inefficiency after he failed to decide 49 cases within the reglementary period.

Court Employee Reprimanded for Willful Failure to Pay Just Debts

The Supreme Court holds a judiciary employee liable for willful failure to pay debts, stressing that court personnel must uphold integrity in both public and private conduct.

Breach of Trust in Employment: When Loss of Confidence Justifies Termination

Explaining when Philippine employers may validly dismiss employees for breach of trust, based on a Supreme Court ruling on cashiers and tellers.

Union Registration Validity and Challenges in Philippine Labor Context

Philippine Supreme Court clarifies that a registered union's legal personality cannot be collaterally attacked in certification election cases.

Rape Conviction Affirmed: Why Victim Credibility and Corroborating Evidence Matter

Supreme Court affirms rape conviction, highlighting victim credibility, corroborating medical evidence, and mandatory civil indemnity in sexual assault cases.

Judicial Efficiency: Resolving Motions Within Prescribed Deadlines

The Supreme Court reminds judges that delaying motions beyond 90 days is gross inefficiency, as shown in Visbal vs. Buban.

Judicial Accountability: Gross Ignorance of Law in Issuing Erroneous Orders

When do a judge's errors become sanctionable? The Supreme Court explains in this administrative case involving a writ of seizure and a warrant of arrest.

Plain View Doctrine and Warrantless Searches in Drug Possession Cases

When can police search a vehicle without a warrant? The Supreme Court explains the plain view doctrine and moving vehicle exception in drug cases.

Retroactive Regular Employment: When Prior Service Counts Toward Benefits

Philippine Supreme Court ruling on when prior contractual service counts toward regular employment and CBA benefits under labor law.

Barangay Election Substitution After Candidate's Death: The People's Mandate Prevails

Supreme Court allows substitution of deceased barangay election candidates, honoring voter will over technical rules.

Judicial Accountability: Delay in Rendering Decisions Constitutes Gross Inefficiency

Supreme Court holds judges accountable for delayed decisions, ruling that failure to decide cases within 90 days is gross inefficiency.

When an Affidavit of Desistance Fails: Upholding Witness Testimony in Criminal Cases

The Supreme Court explains why a belated affidavit of desistance cannot overturn a conviction based on credible witness testimony.

Breach of Trust: Revisiting Intrafamilial Rape and the Limits of Legal Proof

The Supreme Court affirms a rape conviction despite an intact hymen, but reduces the death penalty to reclusion perpetua for a defective information.

Affidavits of Desistance: When Do They Overturn a Guilty Verdict?

When can an affidavit of desistance overturn a guilty verdict? The Supreme Court explains in Santos v. People.

Why Judges Must Decide Cases on Time: The Arbis Administrative Case

The Supreme Court fined a retired judge for delayed decisions, underscoring the constitutional duty to resolve cases promptly.

Balancing Privacy and Law Enforcement: Warrantless Searches of Moving Vehicles in Drug Cases

The Supreme Court explains when warrantless searches of moving vehicles and plain view seizures are valid in drug cases.