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Showing 7465–7488 of 19,266 articles for “eme”

Judicial Efficiency: How the Supreme Court Sanctions Undue Delay in Courts

The Supreme Court fined a judge P40,000 for gross inefficiency after failing to decide dozens of cases within the 90-day period required by the Constitution.

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.

Dispensing With the Confidential Informant: Upholding Buy-Bust Operations in Drug Cases

The Supreme Court clarifies that a confidential informant's testimony is not indispensable in drug cases when police officers personally witness the illegal sale.

Abandonment in Land Reversion Cases: Safeguarding Public Land Rights

The Supreme Court clarifies when a reversion suit may be dismissed for abandonment, protecting the State's power to recover public land.

Corporate Reorganization, Presidential Alter Ego Doctrine, and Security of Tenure Limits

Supreme Court clarifies when government corporate boards may reorganize, reassign officers, and drop employees for poor performance without violating tenure.

Annulment of Judgment: Extrinsic Fraud and Due Process in Property Disputes

When a property owner loses title without notice, annulment of judgment may lie. The Supreme Court clarifies extrinsic fraud and due process rules.

Annulment of Judgment Protects Due Process in Property Disputes

Supreme Court clarifies that failure to state "extrinsic fraud" verbatim does not doom a petition for annulment of judgment.

Certiorari vs. Appeal: Choosing the Right Legal Remedy in the Philippines

The Supreme Court clarifies when to use certiorari versus appeal, and why pursuing both remedies simultaneously can be fatal to a case.

Protecting Land Ownership: The Limits of Good Faith in Real Estate Transactions

The Supreme Court clarifies when a property owner's claim of fraud in a real estate mortgage fails for lack of evidence.

Balancing Zealous Advocacy AND Honest Conduct Limits TO Protecting Client Interests

A lawyer’s duty to protect a client has limits: the Supreme Court reprimands counsel for using false statements in demand letters.

Anonymous Complaints Against Judges: Evidence Rules and Due Process in Administrative Cases

The Supreme Court clarifies when anonymous complaints against judges may prosper and how due process protects judges in administrative proceedings.

Accountability in Conspiracy: Shared Criminal Intent Under Philippine Law

How Philippine courts infer conspiracy from concerted acts, making each participant equally liable for murder even without direct evidence of a prior agreement.

Grave Neglect of Duty in Public Office: The Samson De Leon Case

When does a public official's inaction become grave neglect of duty? The Supreme Court clarifies the standard in this administrative law case.

Stare Decisis in Indigenous Land Claims: Upholding Prior Rulings on the Busol Watershed

The Supreme Court applies stare decisis to reverse an injunction favoring indigenous land claims in the Busol Watershed, following an earlier ruling.

Void Writ of Execution: Supreme Court Nullifies Property Seizure and Auction

A void writ of execution invalidates all actions taken under it, including property levies and auction sales. Learn the rules.

Accommodation Mortgages: Validity Upheld Despite Claims of Fraud

When is a real estate mortgage valid despite claims of fraud? The Supreme Court explains accommodation mortgages and the burden of proof.

Just Compensation and Timely Payment: Landowners' Right to Interest for Delayed Agrarian Reform Payments

Philippine Supreme Court clarifies when landowners may claim 12% interest on delayed just compensation in agrarian reform cases.

Gross Receipts Tax and the 20% Final Withholding Tax on Bank Income

The Supreme Court has ruled that the 20% final withholding tax on a bank's passive interest income forms part of its gross receipts for gross receipts tax purposes.

Abandonment vs. Illegal Dismissal: Employer's Burden of Proof in Philippine Labor Law

When does absence become abandonment? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases.

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Challenging Residency Claims: The Supreme Court on Election Eligibility

A candidate's one-year residency requirement for local office demands clear proof of domicile, not just property ownership or voter registration.

Protecting Seafarers: Upholding Disability Claims Despite Company Doctor's Assessment

Supreme Court rules seafarers can dispute company-designated physician's fitness assessment with independent medical evidence, protecting their disability claims.

Good Faith and Land Titles: Protecting Innocent Purchasers in Real Estate Disputes

When is a bank a mortgagee in good faith? The Supreme Court clarifies the rules on forged deeds and land titles.

SEP Clearance and the Limits of Certiorari: When Administrative Action Is Not Quasi-Judicial

The Supreme Court clarifies when an SEP Clearance from the Palawan Council is an administrative act, not a quasi-judicial one, and why certiorari is the wrong remedy.