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Showing 5809–5832 of 19,258 articles for “eme”

Beyond the Sale: Illegal Delivery of Drugs Under Philippine Law

The Supreme Court clarifies that handing over drugs without payment is illegal delivery under RA 9165, not mere possession.

Rape Conviction Affirmed Conspiracy AND THE Standard OF Proof Beyond Reasonable Doubt

Explore how the Supreme Court acquitted a drug suspect, emphasizing that a valid warrantless arrest must precede any search incident to arrest.

Injunctions Against POEA Orders: Balancing Agency Authority and Judicial Review

When can courts enjoin POEA orders? The Supreme Court clarifies the limits of agency authority and judicial power in Principalia.

Maysilo Estate Dispute Upholding Torrens System Integrity IN Land Title Conflicts

Philippine Supreme Court ruling on Torrens title indefeasibility in unlawful detainer cases, protecting registered owners from collateral attacks.

False Legal Credentials and a Lawyer's Duty of Candor to the Court

The Supreme Court suspended a lawyer for two years for using another counsel's professional details in pleadings, underscoring the duty of candor.

Excise Tax Refunds on Petroleum Products Sold to Tax-Exempt Entities in the Philippines

The Supreme Court clarifies when oil companies can claim excise tax refunds for fuel sold to tax-exempt entities like Clark Development Corporation.

When the COMELEC Cannot Decide: The Legal Effect of a Split Vote

Explaining the Supreme Court ruling on what happens when the COMELEC en banc fails to muster a majority vote in election cases.

Equitable Estoppel in VAT Refund Claims: Protection Against BIR Rulings

The Supreme Court protects taxpayers who relied on BIR Ruling No. DA-489-03, allowing premature VAT refund claims during the window period.

VAT Refund Claims: The 120-Day Rule, Equitable Estoppel, and the San Roque Window

The Supreme Court clarifies when a premature VAT refund claim may still prosper under the San Roque doctrine and equitable estoppel.

Executive Judge’s Power to Act on Defective Judicial Inhibition Orders

SC clarifies that an executive judge may return a defective voluntary inhibition order to the judge, without usurping the Supreme Court’s sole power to reverse it.

Tenancy Rights: Why Landowner Consent Is Essential in Agricultural Leasehold

The Supreme Court clarifies that landowner consent is essential to create agricultural tenancy, rejecting implied tenancy claims without it.

Attorney Suspension Case Dismissed: Res Judicata and Burden of Proof in Administrative Cases

Supreme Court dismisses administrative complaint against lawyer, applying res judicata and the clear preponderance of evidence standard in disciplinary proceedings.

Specific Performance vs Rescission: Upholding Contractual Obligations in Land Sales

Philippine Supreme Court clarifies when specific performance prevails over rescission in land sales, protecting the injured party's choice of remedy.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Reinstatement to the Bar: Proving Remorse and Reformation After Disbarment

The Supreme Court denies a disbarred lawyer's petition for reinstatement, clarifying the strict standards for proving remorse, reformation, and fitness to rejoin the Bar.

Right of Way and Land Ownership: Who May Demand an Easement Under Philippine Law

The Supreme Court clarifies that only owners or holders of real rights may demand an easement of right-of-way, and prescription over public lands requires prior State classification.

Reckless Driving and Criminal Intent: Establishing Liability in Vehicular Accidents

Philippine Supreme Court clarifies when reckless driving rises to criminal negligence versus mere administrative liability in vehicular accidents.

Beyond Forgetfulness: Insubordination vs. Violations of Office Rules in Philippine Jurisprudence

Philippine Supreme Court clarifies the distinction between insubordination and mere violations of office rules in administrative cases.

Beyond the Rules: Distinguishing Insubordination From Simple Violation of Office Policies

Philippine Supreme Court ruling clarifies when defiance of an illegal office order is not insubordination, and what makes a detail valid.

Personnel Actions and the Courts: When CSC Jurisdiction Yields to Judicial Review

Philippine Supreme Court ruling on when courts may hear personnel actions involving public officers despite CSC jurisdiction.

Navigating Disability Benefits: The Significance of Timely Medical Assessments for Seafarers

A Supreme Court ruling clarifies that seafarers may claim disability benefits for work-related illnesses even without a prompt company physician assessment.

Retirement Fund Obligations: When a Company Is Liable for Employee Separation Pay

Philippine Supreme Court ruling on when a principal company becomes liable for separation pay of a contractor's employees, explained in plain language.

Vault Custodian's Judicial Admission Proves Qualified Theft in Gemmary Pawnshop Case

Supreme Court affirms qualified theft conviction of pawnshop vault custodian, ruling her judicial admission and breach of trust suffice for reclusion perpetua.

Malicious Prosecution: When Filing a Criminal Complaint Backfires

Philippine Supreme Court ruling on malicious prosecution, damages, and employer liability for unfounded criminal charges against employees.