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Showing 3841–3864 of 19,256 articles for “eme”

Eminent Domain Prompt Payment Mandate FOR Government Infrastructure Projects

Supreme Court clarifies RA 8974's 100% zonal value prompt payment rule applies to inverse condemnation cases for government projects.

Lawyer Suspended for Signing Falsified Deed in Family Property Sale

Supreme Court suspends lawyer for six months for signing a deed of sale containing falsehoods, reaffirming lawyers' duty to uphold truth.

Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases

The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.

When Lawyers Sign False Documents: A Cautionary Tale from the Supreme Court

A lawyer's suspension for signing a deed with false statements shows why attorneys must uphold the law, not just their client's wishes.

Extraordinary Diligence: Carrier Liability for Misdelivered Goods

When a courier delivers to the wrong person, the shipment is legally "lost." The Supreme Court explains carrier liability and the limits of air waybill exemptions.

Seafarer Death Benefits: When Illness Is Not Work-Related Under the POEA Contract

The Supreme Court denies death benefits to a seafarer's heirs, ruling lung cancer from smoking was not work-related and death occurred beyond the contract term.

Reassessing Criminal Liability From Murder to Homicide Based on Evidence of Intent and Treachery

The Supreme Court clarifies when a killing is murder or homicide, requiring proof of treachery and intent beyond reasonable doubt.

Barangay Dispute Resolution Lawyers Barred From Lupon Appearances

The Supreme Court clarifies that lawyers cannot appear before the Lupon Tagapamayapa, preserving the informal, conciliatory character of barangay justice.

Understanding the Burden of Proof in Insanity Defense and Mental State at the Time of the Crime

Philippine Supreme Court clarifies the burden of proof for insanity defense and mental state in criminal cases, using People v. Rupal as a guide.

Entrapment vs Instigation: Defining the Boundaries of Drug Law Enforcement in the Philippines

The Supreme Court clarifies the distinction between entrapment and instigation in drug cases, upholding a buy-bust conviction under RA 9165.

Courts Must Independently Evaluate Evidence Before Allowing Amendment of Criminal Information

Supreme Court rules trial courts commit grave abuse of discretion when they approve amended criminal informations without independently assessing the evidence.

Accountability in Public Works: Good Faith and Due Diligence in Government Contracts

The Supreme Court clarifies when public officials may invoke good faith and reliance on subordinates in government contracts, and when they must verify.

Prescription of SALN Violations Under RA 6713: When the Eight-Year Period Runs

The Supreme Court clarifies when the prescriptive period for failing to file SALNs under RA 6713 begins—from commission, not discovery.

Protecting Minors THE Supreme Court ON Rape Credibility AND THE Weight OF A Childs Testimony

Tenancy Rights: Establishing a Bona Fide Tenant Under Agrarian Law

The Supreme Court clarifies how courts determine DARAB jurisdiction and what allegations establish a bona fide tenant in agrarian disputes.

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Probable Cause and Graft Liability When a Governor's Request Shapes Public Bidding

Supreme Court ruling on graft liability of DPWH-ARMM officials for irregularities in infrastructure projects, including premature contractor mobilization.

Ransom and Restraint: Defining Kidnapping for Extortion in the Philippines

The Supreme Court clarifies the elements of kidnapping for ransom under Article 267, showing how extortion and deprivation of liberty define the crime.

Graft and Corruption: Public Officials' Liability and the Limits of Good Faith Reliance

When can public officials be held liable for graft despite claiming good faith reliance on subordinates? The Supreme Court clarifies the limits.

Tenancy Rights vs. Co-Ownership: Proving Agricultural Tenancy in Land Disputes

The Supreme Court clarifies that tenancy is a legal relationship that must be proven by substantial evidence, not presumed from mere occupation.

Proving Tenancy in Philippine Agrarian Law: Evidence and Burden of Proof

Philippine Supreme Court ruling on what evidence is needed to prove agricultural tenancy and why certifications alone do not establish tenancy rights.

Establishing Tenancy Requires Concrete Evidence: Landowner Rights Upheld

Supreme Court rules tenancy cannot be presumed; claimants must prove all elements with substantial evidence, not mere certifications.

Self-Defense vs. Treachery: The Boundaries of Justifiable Homicide in Philippine Law

The Supreme Court clarifies when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Receiving Money from Bondsmen Is Grave Misconduct for Court Personnel

Court employees cannot receive money from litigants, even as voluntary "token" gifts. The Supreme Court explains why in Perez v. Roxas.