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Showing 7633–7656 of 19,267 articles for “eme”

When a Lawyer's Admission in Court Binds the Client: Lessons from Chung v. Mondragon

A client's fate can hinge on counsel's admissions in court. Learn how the Supreme Court applied this rule in quieting of title cases.

Default Judgment Set Aside: Premature Declaration Violates Defendant's Right to Answer

Supreme Court rules a defendant cannot be declared in default while a motion to dismiss is pending, as the answer period is suspended.

Probable Cause and Judicial Discretion: Safeguarding Against Unjust Prosecution

The Supreme Court affirms a trial judge's dismissal of murder cases for lack of probable cause, clarifying judicial discretion in warrant issuance.

Chain of Custody in Drug Sale Convictions: What People v. Aneslag Teaches

The Supreme Court explains why preserving the integrity of seized drugs matters more than strict procedural compliance in drug cases.

Credit Card Obligations Without Signed Agreements: When Interest Rates Bind

Supreme Court rules on credit card debt when no signed agreement exists, and when interest charges may be unenforceable.

Judicial Clemency After Dismissal: Remorse, Reformation, and Public Service

The Supreme Court explains when a dismissed judge may return to government service and claim leave credits.

Upholding Ethical Conduct Liability for Grave Misconduct Despite Reliance on Subordinates

Philippine Supreme Court clarifies when reliance on subordinates excuses government officials from administrative liability for ghost projects.

Judicial Clemency Reintegrating Errant Public Servants AND Restoring Forfeited Rights

When can a dismissed judge return to government service? The Supreme Court explains judicial clemency and restoration of benefits.

Mortgagee in Good Faith Doctrine Protects Banks Despite Simulated Property Sales

Philippine Supreme Court rules banks can retain mortgage rights even when mortgagors' titles trace back to simulated sales, if bank acted in good faith.

Jurisdiction Defined: Mixed Questions of Law and Fact in Appeals

The Supreme Court clarifies when an appeal raises mixed questions of law and fact, and why jurisdiction depends on the nature of the issues raised.

Prohibited Pleadings in Intra-Corporate Disputes: Dismissal Motions and Board Resolutions

Philippine Supreme Court clarifies that motions to dismiss are prohibited pleadings in intra-corporate disputes, even when backed by board resolutions.

Diplomatic Immunity vs Personal Accountability: The Limits of Privilege

Philippine Supreme Court ruling on diplomatic immunity, privacy rights, and personal liability for damages under the Civil Code.

Rape Conviction Upheld Despite Lack of Visible Physical Injuries Protecting Victims of Sexual Violence

Philippine Supreme Court ruling clarifies that an intact hymen does not negate rape, and explains the distinction between rape by sexual intercourse and rape by sexual assault.

Self-Defense and Proximate Cause: When a Killing Is Homicide, Not Murder

Philippine Supreme Court clarifies self-defense requirements and treachery in homicide cases, reducing murder conviction to homicide.

Technical Malversation: Good Faith Is No Defense for Misapplying Public Funds

A mayor diverted food for malnourished children to calamity victims. The Supreme Court ruled this is technical malversation—good faith is no defense.

Laches and Land Ownership: Registered Titles Prevail Despite Delayed Action

The Supreme Court clarifies that laches cannot bar a registered landowner's right to recover property, reaffirming the strength of Torrens titles.

Invasion of Privacy, Diplomats, and the Limits of Official Duty

Philippine Supreme Court ruling on diplomatic residence privacy, damages for invasion of privacy, and procedural rules in Rule 45 petitions.

Delayed Remittance of Judiciary Funds: Accountability of Court Personnel Explained

The Supreme Court clarifies that delayed remittance of court collections is neglect of duty, even if shortages are later fully restituted.

Self-Defense vs Homicide: Understanding Criminal Intent in Philippine Law

The Supreme Court clarifies when self-defense fails and homicide stands, explaining unlawful aggression, dying declarations, and criminal liability.

Self-Defense and Proximate Cause in Homicide: Lessons from Belbis v. People

The Supreme Court clarifies when self-defense fails and how proximate cause links stab wounds to death in homicide cases.

Judicial Accountability: The Consequences of Undue Delay in Resolving Cases

A judge's failure to resolve a motion within 90 days is gross inefficiency. The Supreme Court explains the consequences.

Order of Battle and the Writ of Amparo: Proving a Real Threat to Life, Liberty, and Security

The Supreme Court clarifies when inclusion in a military Order of Battle amounts to a real threat warranting amparo protection.

Protecting OFWs: Examining the Constitutionality of the Migrant Workers Act

The Supreme Court upheld key provisions of the Migrant Workers Act, affirming the State's power to protect overseas Filipino workers.

Unraveling Sequestration When Government Claims Meet Private Property Rights IN THE Philippines

The Supreme Court upheld key provisions of the Migrant Workers Act, including illegal recruitment penalties and the joint liability rule for corporate officers.