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Showing 4465–4488 of 19,256 articles for “eme”

Prior Possession Prevails in Forcible Entry: Key Lessons from Spouses Fahrenbach v. Pangilinan

The Supreme Court explains why prior physical possession, not ownership, decides forcible entry cases, and why tacking possession does not apply.

Insurance Subrogation: Establishing Insurer's Rights Against Third-Party Carriers

Philippine Supreme Court clarifies when insurers can recover from carriers via subrogation, and when presenting the insurance policy is required.

Seafarers Disability Claims: Proving the Link Between Work Conditions and Illness

Explaining the Supreme Court's ruling in Atienza v. Orophil Shipping on work-relatedness, compensability, and the 120-day rule for seafarers' disability claims.

Sheriff's Duty to Properly Handle and Liquidate Funds in Court-Ordered Actions

Philippine Supreme Court clarifies sheriffs must deposit execution expenses with the Clerk of Court, not receive direct payments.

Compromised Chain of Custody Safeguarding Rights in Drug Cases

When police break the chain of custody in drug cases, the Supreme Court will acquit. Learn the rules from People v. Ceralde.

Barangay Conciliation Residency Requirements FOR Filing Court Cases IN THE Philippines

Understand the residency requirements for barangay conciliation before filing court cases in the Philippines, explained through a recent Supreme Court ruling.

Illegitimate Children’s Rights: Mother’s Surname and Parental Authority in the Philippines

The Supreme Court clarifies that illegitimate children use their mother’s surname and are under her sole parental authority, voiding a father’s unilateral birth registration.

Tax Sale Deposit Rule: When Section 267 of the Local Government Code Does Not Apply

Supreme Court clarifies when the Section 267 deposit requirement for tax sale challenges does not apply, remanding Beaumont case for trial.

Vicarious Liability: When Employers Are Liable for Employee Torts

Philippine Supreme Court clarifies when employers are vicariously liable for employee torts under Article 2180, and how due diligence in selection and supervision can defeat liability.

Chain of Custody Imperative: Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect, underscoring that strict compliance with Section 21, RA 9165 is vital to preserve evidence integrity.

Burden of Proof in Illegal Dismissal: Employer's Duty vs. Security Guard's Claim

Who bears the burden of proof in illegal dismissal cases? The Supreme Court clarifies the rules on voluntary resignation vs. constructive dismissal.

Emancipation Patents and Land Reclassification: Protecting Landowner Rights in Agrarian Reform

The Supreme Court clarifies when emancipation patents may be cancelled, protecting landowners whose properties were reclassified before agrarian reform coverage.

Seafarer Disability Claims and the 240-Day Rule: What the Supreme Court Says

Learn how the 240-day rule and medical assessments shape seafarer disability claims under Philippine law.

Prescriptive Periods in Cargo Claims: COGSA vs. Bill of Lading Stipulations

When a bill of lading sets a shorter prescriptive period than COGSA, which governs cargo damage claims? The Supreme Court clarifies.

Proving Land Ownership: Registration, Possession, and Government Approval

The Supreme Court clarifies what it takes to register public land: proof of possession since 1945 and DENR Secretary-approved classification.

Breach of Contract of Carriage: When Moral Damages Require Fraud or Bad Faith

Philippine Supreme Court clarifies when injured bus passengers may recover moral damages for breach of contract of carriage—only upon proof of fraud or bad faith.

Homeowners Association Elections: Clarifying Final Judgments and Upholding Order

Supreme Court explains when a final judgment may be clarified in homeowners association election disputes, upholding the Office of the President's clarificatory resolution.

Judicial Accountability: When Compassion Cannot Override Duty in Court Fund Shortages

Supreme Court dismisses clerk of court for fund shortages and falsification, balancing compassion with the judiciary's strict accountability standards.

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.

Eminent Domain and Just Compensation: Valuing Property at the Time of Taking

Explaining the Supreme Court ruling that just compensation for expropriated property is valued at the time of taking, not when the complaint is filed.

Court Employees' Misappropriation of Funds: Administrative Liability and Penalties

Explore the Supreme Court's ruling on court employees found guilty of dishonesty and grave misconduct for misappropriating judiciary funds.

The Lingering Shadow of Disappearance: Navigating the Amparo Writ and the Limits of Investigation

The Supreme Court explains when an amparo case may be archived and the PNP relieved from investigation duties.

Dismissal Based on Uncorroborated Report Violates Due Process in Seafarer Cases

Supreme Court rules a seafarer's dismissal based on an uncorroborated captain's report violates due process and just cause requirements.

Seafarer Rights Illegal Dismissal and the Importance of Due Process

A seafarer's dismissal requires just cause and due process. The Supreme Court explains both in this landmark ruling.