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Showing 17257–17280 of 19,299 articles for “eme”

Strikes and Dismissal: When Illegal Acts Forfeit Employment Status in the Philippines

Philippine Supreme Court ruling on when illegal strikes and violent acts during a strike can lead to valid dismissal or forfeiture of employment.

Rape Conviction Stands Even If Accused Claims Consensual Affair

A claim of a romantic relationship does not negate rape if force was used. The Supreme Court explains why consent matters.

Attachment and Fraud: When Promises Fail to Secure Preliminary Remedies

Philippine Supreme Court ruling on when fraud justifies preliminary attachment and limits on dissolving the writ.

Contractor's Lien vs. Insolvency: Enforcement Rights in Construction Disputes

The Supreme Court clarifies when a contractor's lien under Article 2242 of the Civil Code can be enforced, and the proper remedy for wrongful attachment.

Distinguishing Homicide From Robbery With Homicide: Intent Is the Decisive Factor

The Supreme Court explains when taking a victim's property after a killing is theft, not robbery with homicide.

Contractors Lien vs Preliminary Attachment: Rights in Construction Disputes

Philippine Supreme Court clarifies when a contractor's lien applies and how preliminary attachment works in construction payment disputes.

Continued Possession Prevents Prescription in Land Reconveyance Cases

Philippine Supreme Court ruling: an action for reconveyance cannot be barred by prescription when the plaintiff remains in possession of the disputed land.

Lease Renewal Clauses: Mutual Consent vs Unilateral Option Under Philippine Law

Philippine Supreme Court clarifies when a lease renewal clause requires mutual consent rather than a unilateral lessee option, with practical guidance.

Power Rate Differentials: ERB Authority to Protect Utility Companies Upheld

Supreme Court affirms ERB power to set rate differentials favoring utilities over direct industrial customers of NAPOCOR.

Overtaking at a Curve: Determining Negligence and Liability in Vehicular Accidents

Philippine Supreme Court ruling on overtaking at curves, negligence presumption, and common carrier liability for passenger deaths.

Living Wills and Inheritance Rights: When Relatives Can Intervene in Estate Proceedings

Explains when a testator may probate a will during lifetime, and when relatives or creditors may intervene in estate settlement.

Wage Order Obligations: Contractor and Principal Liability in Security Service Agreements

Philippine Supreme Court clarifies when security agencies can recover wage order increases from principals under solidary liability rules.

Title Reconstitution AND Jurisdictional Requirements Heirs OF Ragua VS Court OF Appeals

Moral Damages for Defamation: When Insulting Words Violate Human Dignity

The Supreme Court affirms moral damages for public humiliation under Article 26 of the Civil Code, protecting human dignity beyond criminal defamation.

When Self Defense Fails: Unlawful Aggression as a Prerequisite in Homicide Cases

Philippine Supreme Court ruling on why self-defense fails when unlawful aggression ceases, using a police officer's homicide conviction as the key example.

Statutory Rape Conviction Upheld Despite Lack of Physical Evidence

The Supreme Court affirms a statutory rape conviction, ruling that an intact hymen and lack of physical injuries do not negate carnal knowledge.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Power Rate Differentials: When Regulators May Favor Utilities Over Direct Consumers

Philippine Supreme Court ruling on ERB authority to set power rate differentials between utilities and direct industrial consumers.

Positive Identification Prevails Over Alibi in Murder Conviction

Supreme Court affirms murder conviction where eyewitness positively identified the accused, rejecting alibi and denial defenses. Learn the legal rules.

Positive Identification Overrides Alibi: Examining Witness Credibility and Delayed Reporting in Criminal Convi

The Supreme Court affirms a homicide conviction, rejecting self-defense, and clarifies the rules on witness credibility and delayed reporting.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Exit Polls and Free Expression: The ABS-CBN v. Comelec Ruling

The Supreme Court ruled that Comelec cannot totally ban exit polls, as they are protected by freedom of speech and of the press.

Life Insurance Contracts: When Does an Application Become a Binding Agreement

Philippine Supreme Court explains when a life insurance application becomes a binding contract, using Perez v. BF Lifeman as guide.

Diplomatic Immunity vs Defamation: The Liang Case and Limits of Official Acts

Philippine Supreme Court ruling on ADB staff immunity, defamation, and why diplomatic immunity is not absolute for criminal acts.