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Showing 4153–4176 of 19,256 articles for “eme”

Finality of Judgments: Why Procedural Rules Matter in Philippine Litigation

A Supreme Court ruling on how improper service of a motion for reconsideration can make a judgment final and executory, barring recovery.

Supreme Court on Self-Defense and Treachery in Homicide Cases

The High Court clarifies when self-defense fails and why treachery cannot be presumed in killings.

Self-Defense Claims and the Limits of Justification: The Panerio Case

The Supreme Court clarifies when self-defense fails and why multiple wounds negate it, reducing murder to homicide.

Finality of Judgments: Why Procedural Rules on Service of Motions Cannot Be Ignored

A bank's appeal was dismissed for defective service of its motion for reconsideration. The Supreme Court explains why procedural rules matter.

Self-Defense and Unlawful Aggression: Key Lessons from a Philippine Homicide Case

When does self-defense hold in Philippine homicide cases? The Supreme Court explains the crucial element of unlawful aggression.

Child Witness with Cerebral Palsy: Competency in Rape and Homicide Cases

Explore how the Supreme Court ruled that a child with cerebral palsy can be a competent witness in rape and homicide cases.

Unregistered Business High Court Affirms Illegal Dismissal For Sham Redundancy Scheme

Supreme Court rules a company's unregistered Philippine office cannot use a sham redundancy scheme to illegally dismiss an employee.

Child Witness With Cerebral Palsy: Competency and the Pursuit of Justice

The Supreme Court affirms that a child with cerebral palsy can be a competent witness, provided she can perceive and communicate her perceptions.

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Upholding Ethical Conduct Attorney Suspended For Harassment And Misrepresentation

The Supreme Court suspends a lawyer for two years for harassing opposing counsel, misrepresenting facts, and attributing unsupported motives to a judge.

Land Registration Proving Ownership for Public Land Acquisition

The Supreme Court clarifies what evidence is needed to register public land, and the limits on corporations acquiring such land.

UCPB Liability as Assignee in Real Estate Development: What Buyers Should Know

Supreme Court ruling clarifies when a bank-assignee of receivables becomes liable to condominium buyers for a developer's failure to complete a project.

Dismissal for Immoral Conduct: Upholding Decency in the Judiciary

The Supreme Court dismisses a process server for exposing himself to a janitress, ruling it disgraceful and immoral conduct—a second offense warranting the severest penalty.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Corporate Liability vs Individual Responsibility: Clarifying Boundaries in Contractual Obligations

Supreme Court clarifies when a bank-assignee of receivables becomes liable to condominium buyers, distinguishing joint from solidary liability.

Just Compensation and Legal Interest in Expropriation: What Property Owners Should Know

Philippine Supreme Court clarifies interest rates on unpaid just compensation in expropriation cases, protecting property owners' rights.

Equipoise Rule in Illegal Dismissal Cases: When Doubt Favors the Employee

The Supreme Court clarifies the equipoise rule in illegal dismissal cases, holding that when evidence is balanced, doubt must favor the employee.

Safeguarding Children: Distinguishing Sexual Abuse and Rape in Philippine Law

The Supreme Court clarifies that rape under the Revised Penal Code and sexual abuse under RA 7610 are separate crimes, and a single act can give rise to both offenses without violating double jeopardy

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Mootness Doctrine: When Final Judgments Render Procedural Issues Irrelevant

Philippine Supreme Court explains how a final and executory judgment in the main case makes procedural disputes moot and academic.

Protecting Seafarers: Timely Disability Assessments and Employer Duties in Maritime Law

Learn how the Supreme Court protects seafarers' disability claims when company doctors miss the 120-day assessment deadline.

Seafarer Disability Claims: The 120-Day Rule and Timely Medical Assessment

Philippine Supreme Court clarifies the 120-day and 240-day periods for company-designated physician assessments in seafarer disability claims, and the burden on employers to justify extensions.

Can Pathological Gambling Nullify a Marriage? The Singson Ruling on Psychological Incapacity

The Supreme Court in Singson v. Singson clarifies when pathological gambling can—and cannot—nullify a marriage under Article 36 of the Family Code.

When Court Errors Are Judicial, Not Administrative: Lessons from Tallado v. Racoma

The Supreme Court clarifies when errors by judges are judicial matters for appeal, not administrative complaints. Learn the distinction and its practical implications.