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Showing 6025–6048 of 19,258 articles for “eme”

Docket Fees and Ethics: When Omitting Damages in a Complaint Is Not Unethical

The Supreme Court clarifies when a lawyer's omission of damages in a complaint prayer crosses the line into unethical conduct.

Government Contracts and Procurement: Why Funding Rules and Indispensable Parties Matter

Philippine Supreme Court ruling on local government loans, procurement funding requirements, and the need to implead indispensable parties in taxpayer suits.

Public Officials and Conduct Prejudicial to the Best Interest of the Service: Defining the Boundaries

When does a public official's private act become an administrative offense? The Supreme Court clarifies the line between misconduct and conduct prejudicial to the best interest of the service.

Formal Offer of Evidence Required: Heirs' Unpresented Deeds Fail in Partition Case

Supreme Court affirms that evidence not formally offered cannot be considered, even in inheritance disputes over land partition.

Illegal Dismissal and Abandonment: What Employers Must Prove and How Separation Pay Is Computed

Learn the requisites of abandonment as a defense to illegal dismissal, and how the Supreme Court computes separation pay in lieu of reinstatement.

Indispensable Parties in Loan Disputes: The Land Bank v. Cacayuran Rule

Why failing to implead an indispensable party voids court rulings in loan agreement disputes, explained through Land Bank v. Cacayuran.

Barangay Settlement Enforcement: MCTC Jurisdiction and the 10-Day Rule

Learn how the Supreme Court clarified enforcement of barangay amicable settlements, including MCTC jurisdiction and the binding 10-day repudiation period.

Tañon Strait Case: Presidential Authority and Protecting Philippine Waters

The Supreme Court's Tañon Strait ruling clarifies presidential authority over service contracts and environmental protection in Philippine waters.

Just Compensation in Eminent Domain: Value at Time of Taking Plus Interest for Delay

Philippine Supreme Court clarifies that just compensation is based on fair market value at the time of taking, plus legal interest for delayed payment.

Public Bidding vs Direct Contracting: Supreme Court on COMELEC's PCOS Procurement

Supreme Court rules COMELEC gravely abused discretion in direct contracting with Smartmatic for PCOS repair, reaffirming public bidding as general rule.

HLURB Request Not Required for Real Estate Firm Rehabilitation

Supreme Court clarifies HLURB request is not a condition precedent for rehabilitating real estate firms, and 180-day rule is not absolute.

Fair Play in Legal Practice: Limits on Filing Criminal Charges to Gain Advantage in Civil Cases

When does a lawyer cross the line by filing criminal charges during a civil case? The Supreme Court explains the test under Rule 19.01.

Corporate Responsibility Enforcing Contracts Despite Technicalities

Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.

Torrens Title Imprescriptibility and Recovery of Possession: Supapo v. De Jesus

Supreme Court rules Torrens title holders can recover possession anytime; registered land cannot be acquired by prescription or adverse possession.

Seafarers Must Comply With Timely Medical Reporting To Claim Disability Benefits

Philippine Supreme Court ruling on why seafarers must undergo post-employment medical exams within three days to claim disability benefits.

Regular Employment vs Talent Contract: Defining Employer-Employee Relationships in Media

How the Supreme Court distinguished regular employees from talents in ABS-CBN's TV Patrol Bicol case, applying the control test.

Beyond the Lease: Determining the Limits of Compromise Agreement Execution in Property Disputes

The Supreme Court clarifies jurisdiction, prescription, and res judicata in accion publiciana, reinforcing the indefeasibility of Torrens titles.

Rape With a Deadly Weapon: When the Charge Must Be Upgraded to Qualified Rape

The Supreme Court clarifies when rape with a deadly weapon or by multiple offenders becomes qualified rape, raising the penalty.

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Tenant Rights and Landowner Consent: Establishing Agricultural Tenancy in the Philippines

Philippine Supreme Court clarifies that landowner consent is essential to establish agricultural tenancy; mere cultivation does not create tenant rights.

Perfecting Appeals: The Strict Requirements for Employers in Labor Disputes

Employers must strictly comply with appeal bond and deadline rules under Article 223 of the Labor Code or risk losing their appeal entirely.

Liberal Interpretation of Appeal Rules in Administrative Cases: The Neypes Fresh Period Rule Limitation

The Supreme Court clarifies that the Neypes fresh period rule applies only to judicial appeals, not administrative appeals like those before the Office of the President.

When Fit-to-Work Assessments Prevail: Seafarer Disability Claims Under POEA-SEC

Philippine Supreme Court clarifies when a company-designated physician's fit-to-work declaration prevails over a seafarer's chosen doctor in disability claims.

Treachery and Self-Defense: Understanding the Elements of Murder in Philippine Law

The Supreme Court explains treachery and self-defense in murder cases, using People v. Samuya as a guide.