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Showing 3865–3888 of 19,256 articles for “eme”

Preliminary Mandatory Injunction: The Clear Right Imperative in Lease Disputes

Philippine Supreme Court clarifies when a preliminary mandatory injunction may issue in lease disputes, requiring a clear legal right.

Judicial Discretion vs Legal Mandates: Balancing Urgency and Procedure in TRO Extensions

A Supreme Court ruling on a judge's administrative liability clarifies the strict limits of 72-hour TRO extensions and the proper handling of weekend bail applications.

Travel Authority Requirements for Court Personnel: Lessons from a 30-Day Suspension

Court personnel must secure travel authority before going abroad. A utility worker's 13 unauthorized trips led to a 30-day suspension.

Contractual Obligations Prevail: Storage Fees Due Despite Customs Hold Order

Supreme Court clarifies that a Bureau of Customs hold order does not relieve a consignee from paying arrastre storage fees under its contract.

BOC Hold-Order Does Not Excuse Consignee From Paying Arrastre Storage Fees

Supreme Court rules a Bureau of Customs Hold-Order does not transfer liability for storage fees from the consignee to the BOC.

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory, reinforcing strict chain of custody rules.

Mortgage in Good Faith: How Banks Are Protected in Registered Land Transactions in the Philippines

The Supreme Court explains when a bank-mortgagee in good faith is protected even if the mortgagor's title came from a forged deed.

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect over broken chain of custody and missing witnesses, underscoring the need for strict compliance with Section 21 of RA 9165.

Positive Identification Prevails Over Alibi in Direct Assault with Murder Case

Supreme Court affirms conviction for direct assault with murder, ruling positive identification by an eyewitness outweighs denial and alibi defenses.

Presumption of Consideration: Bank's Good Faith Upholds Mortgage Despite Forged Deed Claim

Supreme Court rules a bank's good faith reliance on a Torrens title protects its mortgage even if the prior deed was allegedly forged.

Broken Chains: Safeguarding Rights in Drug Possession Cases Through Procedural Compliance

Philippine Supreme Court acquits drug accused over police procedural lapses in Section 21 chain of custody, reinforcing rights protection.

Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court defines the strict personal appearance requirement for notarization and the penalties for violating notarial rules.

Probable Cause in Deposit Insurance Claims: Lessons from PDIC v. Gidwani

The Supreme Court reinstates probable cause findings against Manu Gidwani for estafa and money laundering, clarifying standards for preliminary investigations in deposit insurance fraud cases.

Finality of Judgment vs Supervening Events: Computing Backwages and Separation Pay in Illegal Dismissal Cases

Learn how Philippine courts compute backwages and separation pay when reinstatement becomes impossible due to supervening events after judgment finality.

Upholding Integrity in Notarial Duty: Consequences of Improper Acknowledgment in Philippine Law

The Supreme Court suspends a notary public for notarizing a deed without the seller's husband personally appearing—a reminder that notarization is never a routinary act.

Substantial Compliance Prevails Over Procedural Defects in Annulment Petitions

Supreme Court rules substantial compliance cures defective verification and certification in annulment cases, prioritizing substantive justice.

Compromised Evidence Safeguarding Drug Case Integrity Through Chain Of Custody

Philippine Supreme Court acquits drug suspect after police breached Section 21 chain of custody rules, stressing evidence integrity matters.

Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition

Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.

Lawyer Suspended for Neglecting Client's Ejectment Case Despite Full Payment of Fees

Supreme Court suspends lawyer for six months for failing to file an ejectment case after accepting full payment, despite client's forgiveness and settlement.

Ouster by Quo Warranto Challenging the Eligibility of an Impeachable Officer in the Philippines

Explaining the Supreme Court's 2018 ruling that quo warranto, not just impeachment, can oust an ineligible impeachable officer.

Annulment of Mortgage and Jurisdiction: When Is an Action Beyond Pecuniary Estimation?

The Supreme Court clarifies when an action to annul a real estate mortgage is incapable of pecuniary estimation, affecting which court has jurisdiction.

Quo Warranto Challenging the Eligibility of Impeachable Officers in the Philippines

The Supreme Court explains why quo warranto, not just impeachment, can oust an ineligible impeachable officer like the Chief Justice.

Due Process in Attorney Discipline: The Right to Fair Opportunity to Defend

The Supreme Court reminds us that even in disbarment cases, a lawyer must be given a fair opportunity to defend.