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Showing 7873–7896 of 19,267 articles for “eme”

Estate Administration: The Administrator's Right to Examine Documents for Estate Properties

A Supreme Court ruling on an estate administrator's power to compel production of documents believed to reveal properties belonging to the decedent's estate.

Liquidation vs Length of Service: Defining Retirement Benefits in Philippine Banking

Supreme Court ruling on whether bank liquidation periods count in computing retirement benefits for Philippine bank employees.

Stare Decisis in Real Estate Disputes: When a Prior Ruling Binds Later Bank Cases

The Supreme Court applies stare decisis to dismiss a bank's reconveyance case, ruling that a prior finding of a void warehousing agreement binds all similar cases.

Proving Delivery and Payment in a Contract of Sale: Lessons from Asian Construction v. Mendoza

A seller need not attach invoices to a complaint, but must prove delivery. Learn the rules from a 2012 Supreme Court ruling.

Mortgage Rights vs Property Transfer: Foreclosure Options for Second Mortgagees

When a mortgaged property is sold to the first mortgagee, can the second mortgagee still foreclose? The Supreme Court explains the limits.

Admissions in Pleadings: How Statements in Answers Can Determine Court Judgments

A Supreme Court ruling explains how admissions in answers can justify summary judgment and shape the final amount awarded.

Regulatory Fees vs Tax Exemption: What Educational Institutions Must Know

The Supreme Court clarifies when educational institutions are exempt from government impositions, distinguishing regulatory fees from taxes.

Tenant Estoppel and Tacita Reconduccion in Unlawful Detainer: Samelo v. Manotok Services

Philippine Supreme Court ruling on tenant estoppel, implied lease renewal, and interest in unlawful detainer cases.

Novation Nullified: Why Payment Agreements Don't Automatically Erase Original Loan Obligations

Philippine Supreme Court clarifies when a new payment agreement novates an old loan—and when it doesn't, in Heirs of Franco v. Gonzales.

Just Compensation in Agrarian Reform: Balancing Landowner Rights and Social Justice

The Supreme Court clarifies how just compensation is determined in agrarian reform cases, balancing landowner rights with the state's social justice mandate.

When Can a Clerk of Court Refuse a Pleading? Ministerial Duty vs. Discretion

Philippine Supreme Court clarifies that clerks of court have a ministerial duty to receive pleadings; only judges may judge their sufficiency.

Defining Agrarian Disputes When Land Ownership Claims Fall Outside DARAB Jurisdiction

The Supreme Court clarifies that ownership disputes over land, absent tenurial arrangements, are not agrarian disputes and belong to regular courts.

Electoral Jurisdiction: When COMELEC’s Authority Ends and HRET Begins

The Supreme Court clarifies the boundary between COMELEC and HRET jurisdiction over election disputes involving proclaimed congressmen.

Balancing Development and Ecology: The Imperative of Environmental Impact Assessments in Reclamation Projects

The Supreme Court underscores the mandatory nature of environmental impact assessments and consultations in reclamation projects, balancing development with ecological protection.

Dishonesty in Civil Service Exams: Impersonation Leads to Dismissal and Perpetual Disqualification

The Supreme Court dismisses a court stenographer for letting someone take her Civil Service exam, ruling it is dishonesty with grave penalties.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for anti-graft cases begins, using a landmark Marcos-era case.

Electoral Tribunals Authority Challenging A Legislators Qualifications After Proclamation

The Supreme Court clarifies that once a congressional candidate is proclaimed, only the HRET, not COMELEC, may rule on qualifications.

Failure to Account for Trust Property as Evidence of Estafa

Philippine Supreme Court ruling on how failure to return property held in trust can prove estafa under Article 315 of the Revised Penal Code.

Expropriation for Socialized Housing: Balancing Public Needs and Private Property Rights

The Supreme Court clarifies the strict requirements local governments must meet before expropriating private land for socialized housing under R.A. 7279.

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Forfeiture in Plunder Cases: Tracing Ill-Gotten Wealth and Protecting State Interests

Explaining how the Supreme Court upheld the forfeiture of assets traceable to plunder, including shares held by third parties, under RA 7080.

Moral Ascendancy and Rape Credibility: Lessons from an Incest Conviction

How the Supreme Court weighed a father's moral ascendancy over his daughter in affirming an incest rape conviction.

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Reasonable Doubt Prevails: Illegal Possession of Dangerous Drugs and the Credibility of Testimony

In People v. Maraorao, the Supreme Court acquitted an accused after finding a glaring inconsistency in the arresting officer's testimony on who held the bag of shabu.