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Showing 4657–4680 of 19,256 articles for “eme”

Senior Citizen and PWD Discounts: Police Power, Not Unconstitutional Taking

The Supreme Court upholds the 20% discount for senior citizens and PWDs as a valid exercise of police power, not an unconstitutional taking of property.

Tolerance Ends Land Recovery and the Limits of Procedural Technicalities in Property Disputes

Philippine Supreme Court ruling on recovery of possession, tolerance, and why procedural technicalities cannot defeat a registered owner's substantive rights.

Negotiable Instruments and the Presumption of Delivery: Protecting Payees’ Rights

The Supreme Court clarifies that dismissal for lack of cause of action requires trial, and that delivery of negotiable instruments is presumed under Section 16 of the NIL.

Bigamy and Void Ab Initio Marriages: The Crucial Role of Legal Standing in Philippine Law

A Supreme Court ruling on bigamy highlights why only the Solicitor General can appeal criminal dismissals, not private complainants.

Forged Endorsements and the Presumption of Delivery in Negotiable Instruments

A look at Asia Brewery v. Equitable PCI Bank on the presumption of delivery and when courts may dismiss for lack of cause of action.

Senior Citizen and PWD Discounts: Police Power, Not Eminent Domain

The Supreme Court upheld the 20% senior citizen and PWD medicine discounts as a valid exercise of police power, not eminent domain requiring just compensation.

Replevin and Vehicle Sales: When Entrusting Your Car Makes You Lose Ownership

A Supreme Court ruling on replevin clarifies when entrusting a vehicle to an agent for sale transfers ownership, and what claimants must prove.

Piercing the Corporate Veil: When Can Stockholders Be Held Liable for Corporate Debts

The Supreme Court clarifies that stockholders of a close corporation are not automatically personally liable for corporate debts, explaining the limits of piercing the corporate veil.

Contempt of Court for Defying a Corporate Rehabilitation Order in the Philippines

The Supreme Court affirms contempt charges against BIR officials who pursued deficiency tax claims despite a corporate rehabilitation Commencement Order.

Piercing the Corporate Veil: When Can a Stockholder’s Assets Answer for Corporate Debts

The Supreme Court clarifies that stockholders are not automatically liable for corporate debts, even in close corporations, and explains when personal assets may be reached.

Disbarment Complaint Dismissed for Insufficient Evidence: The Burden of Proof in Administrative Cases

The Supreme Court dismissed a disbarment complaint against Atty. Johan Tabuzo, ruling that complainants must present substantial evidence, not just self-serving affidavits.

UST v. Samahang Manggagawa ng UST: When Repeated Hires Make Workers Regular Employees

The Supreme Court clarifies when repeated fixed-term hires for maintenance work create regular employment, not project employment, under the Labor Code.

Replevin Actions: Proving Ownership and Rightful Possession in Philippine Law

Philippine Supreme Court clarifies that replevin requires proof of ownership or rightful possession, not just a claim of wrongful detention.

Protecting Victims: How Family Can Petition for Protection Orders Under the Anti-VAWC Law

The Supreme Court clarifies that a victim's family can file for protection orders under the Anti-VAWC Law, even after a criminal complaint is dismissed.

When Attorney Negligence Doesnt Equal Extrinsic Fraud Protecting Final Judgments

The Supreme Court clarifies that a lawyer's negligence, without malice or connivance with the adverse party, does not constitute extrinsic fraud to annul final judgments.

Credit Card Debt Collection: Proving the Basis of Claims in Philippine Courts

Philippine Supreme Court ruling on credit card collection cases: creditors must prove the basis of claims, not just submit a statement of account.

Redundancy and Fair Compensation: Balancing Business Needs and Employee Rights in Termination

The Supreme Court clarifies when redundancy dismissals are valid and when separation pay falls short of the Labor Code's requirements.

COA Disallowance of Irregular Government Funds: Good Faith Restitution Rule Explained

Supreme Court rules on COA disallowance of DBP car subsidy, clarifying when good faith excuses refund of disallowed government benefits.

Notarizing Without Personal Appearance: The Cost of a Notary's Lapse

The Supreme Court suspends a lawyer-notary for six months and permanently bars him from notarial commission for notarizing a deed without the parties' personal appearance.

Judicial Accountability: Timely Decisions and Ethical Conduct on the Bench

The Supreme Court holds judges accountable for delayed decisions and retirement violations, imposing fines on a retired judge.

Acts of Lasciviousness Under RA 7610: Scope of Child Sexual Abuse Defined

The Supreme Court clarifies when acts of lasciviousness fall under RA 7610's child abuse provisions, not just the Revised Penal Code.

Navigating NCIP Jurisdiction in Indigenous Peoples Rights Disputes

The Supreme Court clarifies when the NCIP has jurisdiction over ancestral domain disputes and when regular courts take over.

Forum Shopping and Probable Cause: Safeguards Against Abuse in Anti-Money Laundering Cases

The Supreme Court clarifies the limits of freeze orders and bank inquiries in AMLA cases, penalizing forum shopping and demanding real probable cause.

Excise Tax on Cigarette Bundles: The Sin Tax Law and Packaging Rules

The Supreme Court ruled that excise tax applies to a 20-stick bundle as a whole, not to individual 5s or 10s pouches.