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Showing 4633–4656 of 19,256 articles for “eme”

Waiver of Defenses: How Untimely Pleadings Shape Construction Disputes

A contractor's unpaid claim was revived by the Supreme Court, which ruled that defenses not raised in the answer are deemed waived under Rule 9.

Death of Accused Before Final Conviction Extinguishes Criminal Liability

Philippine Supreme Court explains how an accused's death before final judgment extinguishes criminal and civil liability ex delicto under Article 89 of the RPC.

Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales

Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.

When Can Courts Interfere With Ombudsman Probable Cause Findings

The Supreme Court explains the limits of judicial review over Ombudsman probable cause findings in anti-graft cases against public officers.

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Constitutional Limits on Alien Land Ownership: Reversion of Property Acquired in Violation of the Constitution

Philippine Supreme Court ruling on reversion of land acquired by aliens in violation of the constitutional ban on foreign land ownership.

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure

The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.

Promissory Notes Enforceability and the Limits of Contractual Interpretation

Supreme Court clarifies that a creditor must prove the exact deficiency amount with supporting evidence, not just present a bare statement of account.

Cyber Libel Prescription: One Year, Not 15, and Why Unsigned Resolutions Are Not Doctrine

The Supreme Court settles that cyber libel prescribes in one year and clarifies that unsigned resolutions are not binding precedent.

When a Judge Falls Short: Gross Immorality, Dismissal, and Bar Sanctions

The Supreme Court dismissed a judge for gross immorality over an extramarital affair, suspending him from law practice for three years.

Derivative Suits and Intra-Corporate Controversies Jurisdiction Clarified

The Supreme Court clarifies the distinction between derivative suits and intra-corporate controversies, and which court has jurisdiction over each.

When Social Media Abuse Raises the Penalty Under RA 9262 and the Cybercrime Law

The Supreme Court clarifies when using Facebook to commit psychological abuse triggers a higher penalty under RA 9262 and RA 10175.

Robbery With Homicide Positive Identification Over Alibi

Supreme Court rules positive identification prevails over alibi in robbery with homicide, affirming conviction based on credible eyewitness testimony.

Due Process in Reproductive Health: FDA Must Hear Opposition to Contraceptives

The Supreme Court ruled that the FDA must observe due process—notice and hearing—when certifying contraceptive drugs, affirming the remand in the RH Law case.

Moral Ascendancy in Statutory Rape: Redefining Intimidation in Familial Abuse Cases

Philippine Supreme Court clarifies that moral ascendancy replaces force or intimidation in rape by a common-law father, protecting minor victims.

Seafarers Disability Timelines: 120-Day Rule for Medical Assessment and Benefits

Learn the 120-day and 240-day rules for seafarer disability assessment under Philippine law, explained through a Supreme Court ruling.

Breach of Contract and Nominal Damages When Extraordinary Diligence Falls Short

When a shipper breaches a contract but the insurer fails to prove actual loss, the Supreme Court awards nominal damages instead.

Equitable Estoppel and Tax Refund Claims: The Exception to the 120+30-Day Rule

Explains the Supreme Court's ruling in Visayas Geothermal Power Co. v. CIR, applying equitable estoppel to the 120+30-day tax refund rule.

Bank Liability for Counterfeit Currency: Due Diligence and Customer Protection

When a bank releases counterfeit foreign currency, when is it liable for damages? The Supreme Court clarifies the standard of diligence.

Agrarian Reform Retention Rights and Tenant Protection Under CARP

The Supreme Court explains landowner retention limits, tenant options, and procedural requirements under the Comprehensive Agrarian Reform Law.

Protecting Public Interest: Fraudulent Land Patents and Prior Rights of Occupancy

Philippine Supreme Court ruling on tenant redemption rights, public property protection, and the limits of agrarian reform adjudication.

Voluntary Retirement VS Illegal Dismissal Understanding Employee Consent IN Retirement Plans

Piercing the Corporate Veil: When Courts Hold Individuals Accountable for Corporate Wrongdoing

Explaining the Supreme Court's ruling in California Manufacturing v. Advanced Technology System on when courts may pierce the corporate veil and apply legal compensation.