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Showing 6913–6936 of 19,262 articles for “eme”

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Staying Execution in Ejectment Cases: Perfecting Appeals and Supersedeas Bonds

Learn the three requirements to stay execution in ejectment cases: perfect appeal, post supersedeas bond, deposit rentals.

Ownership Disputes and Wrongful Property Levy: Why Registration Prevails Under Philippine Law

A Supreme Court ruling on why unregistered sales lose to registered titles and levies, and what buyers must prove to claim good faith.

Treachery in Criminal Law: How It Elevates Murder Charges in the Philippines

Learn how treachery qualifies killing into murder under Philippine law, explained through a Supreme Court ruling.

Buy-Bust Operations: Warrantless Arrests and the Chain of Custody Rule in Drug Cases

The Supreme Court acquits a drug suspect because police failed to preserve the chain of custody, explaining the rules on buy-bust operations and evidence.

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

Regular Seasonal Employment in the Sugar Industry: What Workers Should Know

The Supreme Court clarifies the distinction between regular seasonal employees and regular permanent workers in the sugar milling industry.

Compromise Agreements and Case Dismissal: Lessons from RCBC v. BDO

How parties in a long-running arbitration dispute ended their cases through compromise agreements, and what this means for Philippine litigation.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.

VAT Refund Timeliness: Strict Deadlines for Appealing BIR Decisions

Philippine Supreme Court clarifies mandatory 120+30 day periods for VAT refund judicial claims, citing CBK Power v. CIR.

Just Compensation in Agrarian Reform: Courts Must Follow the DAR Formula

The Supreme Court clarifies that agrarian courts must apply Section 17 of RA 6657 and DAR AO 5-98 when fixing just compensation for expropriated land.

Illegal Strikes and Employee Rights: What the Supreme Court Actually Said

A Supreme Court ruling on illegal strikes shows how the right to strike is protected but never absolute, and how participation can carry consequences.

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Judicial Independence vs Prompt Resolution: Balancing Justice and Timeliness in Court Decisions

A Supreme Court ruling on a judge's delayed ruling clarifies the balance between judicial independence and the mandatory 90-day period for resolving cases.

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

Constructive Dismissal Demotion and Unfulfilled Reinstatement Undermine Labor Rights

SC rules on constructive dismissal via demotion, reinstatement impossibility, and early retirement requiring explicit employee consent.

Seafarer's Basketball Injury Compensable Under Bunkhouse Rule and Personal Comfort Doctrine

Supreme Court rules seafarers injured during onboard recreational activities like basketball are entitled to disability benefits under the Bunkhouse Rule.