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Showing 5377–5400 of 19,258 articles for “eme”

Lawyer Suspended for Conflict of Interest: When a Former Client Becomes an Adversary

The Supreme Court suspended a lawyer for six months for representing siblings against a former client, violating Rule 15.03 of the Code of Professional Responsibility.

Forum Shopping Requisites and Exceptions in Tax Litigation: Commissioner of Customs v. Pilipinas Shell

The Supreme Court clarifies the three elements of forum shopping and when filing separate cases in different courts is allowed.

Credibility of a Rape Survivor's Positive Identification and Corroborating Evidence in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how a victim's credible, positive identification and corroborating evidence outweigh defenses of denial and minor inconsistencies.

When Can a Sheriff Accept a Voluntary Surrender? Scope of Authority Explained

The Supreme Court clarifies that sheriffs cannot accept an accused's voluntary surrender without a court order, ruling it simple misconduct.

Replevin vs Employer-Employee Relationship: Clarifying Jurisdiction in Car Financing Disputes

Supreme Court clarifies that replevin actions arising from car financing agreements are civil in nature, not labor disputes, regardless of employer-employee ties.

Sale vs Donation: How Courts Determine the True Intent Behind Property Transfers

Philippine Supreme Court explains how to distinguish a simulated donation from a real sale, and why building a house on another's land does not create co-ownership.

Treachery in Criminal Law: Ensuring Justice for Victims of Violent Crimes in the Philippines

When an accused dies pending appeal, criminal liability ends—but civil liability may survive. Learn the rules from a recent Supreme Court ruling.

Untimely Appeal: When Delays in Filing Cost Levi's Its Trademark Protection

The Supreme Court rules that failing to perfect a timely appeal to the Court of Appeals is jurisdictional, costing Levi Strauss its TAB DEVICE trademark.

Accountability in the Judiciary: When Delayed Justice Leads to Administrative Fines

The Supreme Court fined a judge equivalent to three months' salary for undue delay in deciding cases and insubordination, underscoring judicial accountability.

Estafa Through Falsification: When Deceit and Forged Documents Overlap

Philippine Supreme Court ruling on estafa through falsification of public documents, explaining deceit, forged signatures, and criminal liability.

Forfeiture vs Foreclosure: Due Process in Ill-Gotten Wealth Cases

The Supreme Court rules that the State, as subrogee-creditor of forfeited assets, cannot sell mortgaged shares without foreclosure proceedings.

Balancing Corporate Development and Residents' Rights: Defining Cause of Action in Land Disputes

Philippine Supreme Court clarifies when evicted residents have a cause of action for damages against corporate developers in land disputes.

Annulment of Sheriff's Sale Based on Alleged Loan Payment: Key Lessons from Domingo v. Molina

The Supreme Court clarifies when a sale of conjugal property by a surviving spouse is valid, and the proper remedy for co-owners.

Home Lot Entitlement in Agrarian Disputes: Landholder Obligations and Tenant Rights

Who must provide home lots to agrarian tenants? The Supreme Court clarifies landholder obligations and tenant rights in a 2016 ruling.

Tax Amnesty Administrative Rules Cannot Override Statutory Law

Supreme Court ruling on ING Bank v. CIR: BIR revenue circulars cannot override the Tax Amnesty Act of 2007.

Death Abates Criminal Liability: Extinguishment of Penalties and Civil Obligations in Philippine Law

Explaining the Supreme Court rule that death extinguishes criminal liability and penalties, and its effect on civil liability in Philippine criminal cases.

COLA Benefits and Government Employment: Understanding Integrated Salaries Under R.A. 6758

The Supreme Court clarifies when Cost of Living Allowance is deemed integrated into government salaries under R.A. 6758, and why back pay is unauthorized.

Determining Good Faith Remand FOR Trial ON Property Ownership Disputes

When can the Supreme Court remand a property dispute for trial? Learn from Toledo v. Court of Appeals on good faith buyers.

Upholding Ethical Standards: Dismissal for Dishonesty in Public Service

Philippine Supreme Court ruling on dismissal for dishonesty in public service, explaining ethical standards and consequences for government employees.

Attorney Accountability for Defamatory Imputations Against Courts

Supreme Court suspends two lawyers for a checkbook entry implying the Sandiganbayan took a P2M bribe for a TRO.

CIBAC Party-List Dispute: Resolving Authority Over Nominees and Electoral Contest Jurisdiction

Supreme Court settles who may validly nominate party-list representatives and clarifies when the HRET, not COMELEC, has jurisdiction over election contests.

Voluntary Resignation vs Illegal Dismissal: Retrenchment and Employee Rights

When does a resignation during retrenchment become illegal dismissal? The Supreme Court clarifies the rules on voluntary resignation and employee rights.

Notice Requirement in Business Closure: Protecting Employee Rights

Learn the 30-day notice rule for business closure under Philippine labor law, and what counts as compliance.

Judicial Accountability: Neglect of Duty and the Limits of Medical Justification

The Supreme Court holds that a judge's poor health cannot excuse gross neglect of duty, imposing fines on a retired judge for delays.