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Showing 6193–6216 of 19,258 articles for “eme”

Chain of Custody in Drug Cases: Why Unmarked Evidence Means Acquittal

The Supreme Court acquits a drug suspect because police failed to mark seized sachets, breaking the chain of custody and casting doubt on the evidence.

Tax Collection: Government's Right to Collect Taxes Limited by Prescription

Supreme Court rules BIR's right to collect assessed taxes prescribes in three years; inaction bars collection.

Agrarian Reform vs Acquisitive Prescription: Resolving Land Ownership Disputes in the Philippines

When agrarian reform and acquisitive prescription collide, the Supreme Court clarifies which principle governs land ownership disputes.

Foreclosure Sales Strict Compliance With Publication Requirements

Philippine Supreme Court rules that failure to strictly comply with publication requirements in extrajudicial foreclosure sales invalidates the sale and makes the notary public liable for damages.

Just Compensation in Agrarian Reform: Valuing Land at the Time of Taking

Philippine Supreme Court clarifies that agrarian reform just compensation must be valued at the time of taking, not at later dates.

Upholding Honesty in Legal Practice: Consequences for Submitting False Affidavits

The Supreme Court suspends a lawyer for six months for submitting a falsified affidavit in court, reaffirming the duty of candor and integrity in legal practice.

Attorney Negligence and Breach of Duty: When a Lawyer's Inaction Costs a Client the Case

A Supreme Court ruling on lawyer accountability: negligence and lack of candor lead to a two-year suspension from practice.

Environmental Law Upholding Power Plant Construction Despite Procedural Lapses

Supreme Court clarifies the writ of kalikasan's scope and upholds a coal plant's ECC despite procedural lapses in its issuance.

Adverse Possession and Land Registration: Clarifying Requirements for Imperfect Titles

Supreme Court clarifies that possession before a land's classification as alienable and disposable counts toward confirming imperfect title under Section 14(1).

Land Title Registration: Possession Before Land Classification Counts

Supreme Court clarifies that possession before a land's classification as alienable and disposable can count toward original registration.

Tax Refund Claims: Proving Excess Creditable Withholding Tax Without Quarterly ITRs

Supreme Court rules quarterly ITRs of succeeding year are not indispensable in proving excess creditable withholding tax refund claims.

Earnest Money Misconceptions When A Deposit Doesnt Guarantee A Sale

The Supreme Court clarifies that earnest money only binds a seller after a contract of sale is perfected—not before consent is given.

Challenging Drug Convictions: Scrutinizing Police Conduct and Evidence in Illegal Drug Cases

The Supreme Court affirms drug convictions, explaining how courts weigh police testimony, buy-bust operations, and the presumption of regularity.

Earnest Money and Perfected Sales: When Payment Cannot Bind a Reluctant Seller

The Supreme Court explains when earnest money cannot create a binding contract of sale, protecting property owners from irregular payment schemes.

Project-Based Employment: Defining Scope and Duration in Philippine Labor Law

The Supreme Court clarifies when project-based employment is valid, focusing on the determinable duration and scope of the project.

Defining Disability Seafarers Rights TO Full Compensation Under Poea SEC

Supreme Court clarifies when a seafarer with a Grade 8 disability rating is entitled to total and permanent disability compensation under the POEA SEC.

Finality of Settlements: How Quitclaims Impact Employment Disputes

Philippine Supreme Court clarifies when quitclaims are valid and binding in labor disputes, protecting employees from waivers made under duress.

Upholding Competence and Diligence: Attorney Suspended for Neglect of Client's Case

A lawyer's suspension from practice does not end his duty to clients. The Supreme Court suspends Atty. Baterina for gross negligence.

Procedural Rigidity vs Substantial Justice: Navigating the Rules of Court in COA Appeals

A Supreme Court ruling on Fortune Life Insurance clarifies why strict compliance with Rule 64 deadlines and proof of service requirements is mandatory in COA appeals.

Attorneys Fees THE Right TO Claim After Final Judgment

A lawyer can claim attorney's fees even after final judgment. The Supreme Court explains when and how.

Circumstantial Evidence in Theft Cases: When It Is Not Enough to Convict

The Supreme Court acquits a theft convict, explaining when circumstantial evidence fails to prove guilt beyond reasonable doubt.

Client Responsibility: The Binding Nature of Counsel Negligence in Philippine Law

When does a lawyer's mistake bind the client? The Supreme Court explains the rule on counsel negligence and the client's duty to monitor cases.

Upholding Property Rights When Caretaking Doesnt Equal Tenancy

The Supreme Court clarifies when a caretaker is not a tenant, and why the regular courts, not the DARAB, have jurisdiction over ejectment.

When Tenancy Claims Fail: Ejectment Jurisdiction After Corporate Revocation

The Supreme Court clarifies when an ejectment case stays with regular courts despite tenancy defenses, and how corporate dissolution affects legal standing.