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Showing 5905–5928 of 19,258 articles for “eme”

Venue in Deficiency Claims: A Personal Action After Foreclosure

The Supreme Court clarifies that an action to recover a mortgage deficiency after extrajudicial foreclosure is a personal action, not a real action.

SEC Revocation of Securities Registration: Due Process in Administrative Regulation

Supreme Court clarifies when SEC may revoke securities registration without a separate hearing, distinguishing regulatory from quasi-judicial powers.

SEC Revocation of Securities Registration: Due Process in Corporate Filings

Supreme Court clarifies when SEC may revoke a corporation's securities registration for reportorial lapses without a separate hearing.

SEC Revocation of Securities Registration: When Due Process Is Satisfied

Supreme Court clarifies when SEC revocation of securities registration complies with due process, and what issuers must do.

SEC Regulatory Powers: Revocation of Securities Registration and Due Process

Supreme Court clarifies SEC's regulatory power to revoke securities registration and what due process requires in administrative proceedings.

Exhaustion of Administrative Remedies and CTA Jurisdiction in Tax Disputes

The Supreme Court clarifies that the CTA cannot review the CIR's quasi-legislative interpretation of tax laws, and taxpayers must exhaust administrative remedies first.

Mergers and Documentary Stamp Tax: Clarifying Tax Exemptions for Corporate Restructuring

Supreme Court clarifies that real property transfers pursuant to a merger are not subject to documentary stamp tax under the NIRC.

Bigamy and the Second Spouse: Liability as an Accomplice Under Philippine Law

When can a second spouse be held liable for bigamy in the Philippines? The Supreme Court clarifies the rules on accomplice liability and marriage validity.

Finality Prevails: Enforcing Court Decisions Despite Technicalities in Land Disputes

Philippine Supreme Court ruling on finality of judgments in land disputes, explaining why technicalities cannot defeat a final and executory decision.

Clerk of Court Penalized for Gross Neglect in Handling Court Funds

Supreme Court rules a clerk of court's failure to remit collections and document cash bonds constitutes gross neglect of duty, not simple neglect.

Losing Appeal Rights: Justifiable Cause and Timely Surrender After Conviction

Philippine Supreme Court ruling on when a convicted accused loses appeal rights by missing promulgation without justifiable cause.

When Is Rice Smuggling SC Clarifies Forfeiture Rules FOR Vessels AND Cargoes

Supreme Court clarifies when rice shipments and vessels may be forfeited for smuggling, requiring probable cause and lawful importation proof.

Bigamy Conviction Upheld Despite Void Second Marriage Understanding Fraud AND Legal Consequences

Supreme Court affirms bigamy conviction of second spouse who knowingly married a man with a subsisting marriage, ruling she cannot escape liability by claiming her own fraudulent marriage was void.

Dismissal of Administrative Complaint Against Justice for Lack of Substantiated Evidence

Supreme Court dismisses administrative complaint against CA Justice Marilyn Lagura-Yap, ruling that unsubstantiated allegations of judicial fraud cannot prosper without clear and convincing evidence.

Ransom Receipt as Proof of Conspiracy in Kidnapping for Ransom Cases

Supreme Court affirms that receiving ransom money during an ongoing kidnapping establishes conspiracy and liability as a principal.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions

When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.

Perfecting Appeals: Strict Compliance With Bond Requirements in Labor Disputes

Learn why the Supreme Court requires strict compliance with appeal bond requirements in labor cases, and how failing to post a proper surety bond can make a judgment final and executory.

BP 22 Acquittal: Why Actual Receipt of Notice of Dishonor Is Critical

In Robert Chua v. People, the Supreme Court acquitted a BP 22 accused because prosecutors failed to prove actual receipt of the notice of dishonor.

Compromise Agreements Upholding Obligations AND Preventing Evasion

Land Registration: Proving Alienability Beyond Survey Plan Annotations

The Supreme Court clarifies what evidence proves a land is alienable and disposable for registration, examining survey plan annotations and certifications.

Rape Conviction Upheld: Victim Testimony Prevails Over Minor Inconsistencies

Supreme Court affirms rape conviction, ruling that minor inconsistencies in victim testimony do not impair credibility when the essential facts are clearly established.

Preliminary Injunctions, Grave Abuse of Discretion, and Protection of Substantive Rights

When can a court issue a preliminary injunction against a foreclosure purchaser? Learn the rules from a 2015 Supreme Court ruling.

Consent and Doubt: When Inconsistent Testimony Leads to Acquittal in Rape Cases

The Supreme Court acquits a rape accused, ruling that inconsistent victim testimony and doubtful circumstances create reasonable doubt.