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Showing 8641–8664 of 19,269 articles for “eme”

Reconstituted Land Titles vs. Prior Sales: How the Supreme Court Upholds a Buyer's Right

The Supreme Court ruled that a reconstituted title does not erase a prior registered sale, and that laches does not bar a buyer who acted promptly to protect his land.

Bank Not Liable for Employee's Promise to Seller: Relativity of Contracts in Loan Proceeds Release

Supreme Court rules bank not subsidiarily liable for employee's alleged promise to pay seller directly from loan proceeds, citing relativity of contracts.

Diminution of Benefits, Union Authority, and Validity of MOA in Financial Distress

Philippine Supreme Court ruling on when a Memorandum of Agreement reducing employee benefits is valid despite financial distress and union ratification issues.

Upholding LLDA Authority Enforcing Environmental Standards in Laguna de Bay

Supreme Court affirms LLDA's power to impose fines for effluent violations, reinforcing environmental enforcement in Laguna de Bay region.

Exhaustion of Administrative Remedies: A Prerequisite to Judicial Intervention in Environmental Cases

The Supreme Court rules that parties must exhaust administrative remedies before seeking judicial intervention, even when challenging an agency's power to impose fines.

Piercing the Corporate Veil: When Are Corporate Officers Personally Liable for Labor Claims?

Philippine Supreme Court clarifies when corporate officers may be held personally liable for illegal dismissal awards, requiring clear proof of bad faith.

Resignation Does Not Erase Grave Misconduct: Court Stenographer's Administrative Liability

Supreme Court rules resignation does not absolve court personnel of administrative liability for grave misconduct like soliciting money.

Judicial Misconduct and Sexual Harassment: Violating the Code of Judicial Conduct

A Supreme Court ruling holds that a judge who sexually assaulted a litigant in his own home is guilty of gross misconduct, even after retirement from the bench.

Transparency in Elections: The Right to Review Source Codes for Automated Election Systems

The Supreme Court ruled that COMELEC must make AES source codes available for independent review under R.A. 9369.

When Presidential Power Meets University Autonomy: The CMU Land Case

The Supreme Court struck down a presidential proclamation taking state university land for IP distribution, affirming academic autonomy and vested property rights.

Retail Trade Liberalization: Balancing Economic Growth and Filipino Control

The Supreme Court upheld the Retail Trade Liberalization Act of 2000, ruling that the Constitution does not mandate a Filipino monopoly over the economy.

Irrevocable Donations: When a “Donation Mortis Causa” Is Really Inter Vivos

Philippine Supreme Court clarifies when an irrevocable donation labeled "mortis causa" is actually a donation inter vivos, with practical legal implications.

Judicial Inhibition: Proving Bias Through Concrete Evidence, Not Mere Suspicion

The Supreme Court clarifies when judges must inhibit from cases, requiring concrete evidence of bias beyond mere suspicion or spousal relationships.

Counsel's Negligence and Missed Appeal Deadlines: When Excuses Fail in Philippine Courts

Philippine Supreme Court clarifies when a lawyer's negligence excuses a missed appeal deadline, and when clients remain bound by counsel's mistakes.

Judicial Review and Abuse of Discretion: Safeguarding Rights in Administrative Penalties

A look at Laurel v. SSS on when Rule 65 certiorari is the correct remedy against final administrative penalties.

Reinstatement Rights of Police Officers After Acquittal: The Roaquin Case

When can a discharged police officer demand reinstatement and back pay after acquittal? The Supreme Court explains in Calinisan v. Roaquin.

Defining the Boundaries of Attempted Rape: Intent vs. Action in Philippine Law

Philippine Supreme Court clarifies when lewd acts cross the line from acts of lasciviousness to attempted rape, examining intent and overt acts.

Res Ipsa Loquitur and Surgeon Liability for Anesthesiologist Negligence

When can a surgeon be held liable for an anesthesiologist's negligence? The Supreme Court's ruling in Bontilao v. Gerona clarifies the limits of res ipsa loquitur and the captain-of-the-ship doctrine

Bank Cashier's Liability for Negligence in Approving Fraudulent Deposits

Supreme Court ruling on a government bank cashier's grave misconduct for approving fraudulent second-endorsed check deposits to a personal account.

Challenging Drug Convictions: Evidence and Chain of Custody in Buy-Bust Operations

How the Supreme Court assessed evidence and chain of custody in a drug buy-bust case, and what it means for criminal defenses.

Sandiganbayan Jurisdiction Over Local Officials Violating the Auditing Code

Supreme Court clarifies Sandiganbayan jurisdiction over local officials below Salary Grade 27 charged with Auditing Code violations.

Arraignment Delay Denied: Why Speedy Trial Rights Trump Second Motions for Reconsideration

Philippine Supreme Court clarifies when a second motion for reconsideration may be denied to protect the accused's right to speedy trial.

When Death of the Accused Before Final Judgment Extinguishes Criminal and Civil Liability

Philippine Supreme Court explains how an accused's death before final judgment extinguishes criminal liability and civil liability ex delicto under the Revised Penal Code.

Bail and Burden of Proof: When Courts Can Grant Bail in Murder Cases

Philippine Supreme Court clarifies bail in murder cases: burden of proof, evidentiary standards, and when courts may grant bail.