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Showing 7441–7464 of 19,266 articles for “eme”

Contempt of Court: Safeguarding Due Process in Indirect Contempt Proceedings

The Supreme Court fined a judge P10,000 for ordering a litigant jailed for indirect contempt without a written charge, an opportunity to comment, or a hearing.

Liberal Interpretation of Procedural Rules Ensures Substantive Justice in Administrative Appeals

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in administrative appeals.

When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking

Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.

Upholding Client Trust: Attorney's Neglect and Misrepresentation Lead to Suspension

A lawyer who misleads clients about case status violates the Code of Professional Responsibility and faces suspension, as shown in this Supreme Court ruling.

Piercing the Corporate Veil: When Banks Are Not Liable for Subsidiary Debts

The Supreme Court clarifies when courts may—and may not—pierce the corporate veil to hold parent banks liable for subsidiary debts.

Loss of Confidence in Dismissal Cases: Employers Must Substantiate the Breach of Trust

Philippine Supreme Court clarifies that loss of trust and confidence requires clear, convincing proof, not mere allegations.

Beyond Labels: Conviction for Rape Stands Despite Mislabeling in Information

Philippine Supreme Court clarifies that mislabeling a crime in the Information doesn't invalidate a conviction if the facts alleged constitute the offense charged.

When Police Power Oversteps: The Marikina Fence Ordinance and Property Rights

The Supreme Court struck down Marikina's fence ordinance as an oppressive exercise of police power, protecting private property and privacy rights.

Dismissal for Misconduct When Neglect and Delay Cost Judicial Positions

A municipal treasurer's dismissal for serious dishonesty and grave misconduct was upheld despite procedural lapses, as the Supreme Court ruled on appeal rules and substantial justice.

Digital Ballots As Primary Evidence Protecting Electoral Integrity In The Philippines

The Supreme Court ruled that digital ballot images from PCOS machines are functional equivalents of physical ballots, protecting elections from tampering.

Judgment in Absentia: Balancing Due Process and Timely Justice in Philippine Law

The Supreme Court clarifies when judgment in absentia is valid, the limits of appeal, and how courts correct illegal penalties despite finality.

Public Easements in Land Disputes: Private Rights vs Public Welfare

The Supreme Court clarifies that 3-meter easements along rivers and streams are public property, limiting private landowner rights.

Retirement Bars Administrative Action: Jurisdictional Limits in Philippine Law

When a judge retires before an administrative complaint is filed, the Court loses jurisdiction to penalize him. This article explains the rule.

Lawyer Suspended for Failing to Appeal Client's Quo Warranto Case

Supreme Court suspends lawyer for three months for gross negligence in failing to appeal a quo warranto decision, causing client's removal from office.

Navigating VAT Refund Claims: Prescriptive Periods and Equitable Estoppel in Philippine Tax Law

Philippine Supreme Court clarifies the two-year prescriptive period for VAT refund claims and the mandatory 120-day waiting period before judicial appeal.

When Can Government Agencies Represent Themselves? The Solicitor General's Exclusive Mandate

Explaining the Supreme Court ruling in Republic v. Cuizon on when government agencies may appear in court without the Solicitor General.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Unexplained Wealth and SALN Omissions: Balancing Dishonesty and Simple Negligence in Public Office

Philippine Supreme Court ruling on freeze orders, unexplained wealth, and SALN omissions in public office explained in plain language.

Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure

A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.

Management Prerogative vs Unfair Labor Practice: When Cost-Cutting is Lawful

Supreme Court clarifies when a manpower rationalization program is valid management prerogative, not unfair labor practice.

Cultivation and Compliance: Land Ownership Under Agrarian Reform

The Supreme Court clarifies that a Certificate of Land Transfer confers only an inchoate right—full ownership requires compliance with agrarian reform conditions.

Consumer Rights vs Electric Utilities: Supreme Court Upholds Damages for Breach of Compromise Agreement

Supreme Court rules electric cooperatives must honor compromise agreements, awarding damages to consumers for repeated billing harassment and disconnection threats.

Proof Beyond Reasonable Doubt: The Necessity of an Unbroken Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect because the prosecution failed to prove an unbroken chain of custody, underscoring the strict evidentiary standard.

Stock Certificate Delay: When Rescission of Share Sale Is Allowed

Philippine Supreme Court clarifies rescission rules for delayed stock certificate issuance and who must return payments in share sales.