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Showing 5161–5184 of 19,257 articles for “eme”

B.P. 22 Penalties: Supreme Court Tempers Imprisonment for Bouncing Checks

The Supreme Court clarifies that imprisonment for B.P. 22 violations must be proportionate and not excessive, modifying a 51-year sentence.

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.

Electoral Protests and Mootness: When Expiration of Term Limits Ends the Case

The Supreme Court explains why an electoral protest becomes moot when the contested term expires, using the Roxas v. Binay case as an example.

The 20-Lender Rule and Deposit Substitutes in Philippine Bonds Explained

The Supreme Court clarifies the 20-lender rule for deposit substitutes and the 20% final withholding tax on government bonds.

Possession Disputes When Foreclosure Sales Meet Adverse Claims

When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.

Bouncing Back Acquittal in BP 22 Cases Hinges on Proof of Notice of Dishonor

Supreme Court acquits BP 22 accused where prosecution failed to prove written notice of dishonor was received by the drawer.

Possession vs Ownership: Resolving Land Disputes in Ejectment Cases

In ejectment cases, physical possession matters more than ownership. The Supreme Court explains in Echanes v. Hailar.

Eyewitness Testimony Prevails Over Denial and Alibi in Murder and Attempted Murder Conviction

The Supreme Court affirms a murder and attempted murder conviction, ruling that a police officer's positive eyewitness identification outweighs the accused's denial and alibi.

Psychological Incapacity Under Article 36: What Republic v. Pangasinan Teaches Us

The Supreme Court clarifies the strict requirements for proving psychological incapacity to nullify a marriage under Article 36 of the Family Code.

Ejectment Cases: Proving Tolerance and the Limits of Possession Claims

Philippine Supreme Court ruling on unlawful detainer, tolerance, and why ownership claims don't decide who keeps physical possession.

Tax Exemption for PAGCOR Licensees: Understanding the Scope of PD 1869

The Supreme Court clarifies that PAGCOR licensees remain exempt from corporate income tax on gaming operations under PD 1869.

Psychological Incapacity and Marriage Nullity: Why Medically Rooted Afflictions Must Be Proven

In Republic v. Pangasinan, the Supreme Court rejected a marriage nullity plea for failure to prove a medically rooted, incurable psychological incapacity.

Torrens Title vs Actual Possession: Ownership Rights in Unlawful Detainer Cases

Philippine Supreme Court ruling on how Torrens title and actual possession affect unlawful detainer cases, explained in plain language.

Franchise Tax vs Real Property Tax: Clarifying NGCP's Tax Liabilities

Supreme Court clarifies when NGCP's franchise tax covers real property taxes and when local governments may still collect them.

Clerks of Court Must Transmit Appeal Records on Time: A Lesson from Tecson v. Asuncion-Roxas

A clerk of court's one-year delay in transmitting criminal appeal records to the CA constitutes gross neglect of duty, the Supreme Court rules.

Torrens Title vs Actual Possession: Resolving Property Disputes in Unlawful Detainer Cases

The Supreme Court clarifies that in unlawful detainer cases, actual possession—not Torrens title—determines who stays on the property.

Rescission Rights Enforcing Compromise Agreements In Property Sales

When a buyer defaults on a court-approved compromise agreement, the seller may rescind and enforce the original contract without a separate action.

Lawyer Disbarred for Misusing Client Funds and Soliciting Bribe

Supreme Court disciplines lawyer for absconding with client money and offering to bribe a judge, reaffirming ethical duties.

Lawyer Suspended for Abusive Language in Demand Letter: A Lesson in Professional Conduct

The Supreme Court suspends a lawyer for using abusive, offensive language in a demand letter, reaffirming Rule 8.01 of the CPR.

Proportionality in Dismissal: Balancing Employee Misconduct and Length of Service

When is dismissal too harsh a penalty? The Supreme Court explains the rule of proportionality in labor cases.

Mitigating Dismissal Proportionality in Disciplinary Actions for Rank and File Employees

When is dismissal too harsh for a first-time offense? The Supreme Court clarifies the rule on dishonesty and grave misconduct in public service.

Ethical Boundaries: Lawyers' Duty to Avoid Abusive Language in Professional Dealings

The Supreme Court reminds lawyers that demand letters must remain respectful, not abusive or defamatory, under Rule 8.01 of the CPR.

Caveat Emptor: The Risk Borne by a Buyer in Bad Faith in Property Transactions

A buyer who fails to verify a seller's title bears the loss. The Supreme Court explains caveat emptor and bad faith in Ranara v. De Los Angeles.

Lawyer Suspended for Taking Client Funds Without Securing US Visas

A Supreme Court ruling on lawyer discipline shows why attorneys must account for client funds and charge only reasonable fees.