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Showing 8929–8952 of 19,272 articles for “eme”

Finality of Judgment Bars Post-Disbarment Motions: Supreme Court Enforces Restitution Order

Supreme Court enforces disbarred lawyer's restitution order, citing finality of judgment and citing him for indirect contempt.

Lawyer's Courtroom Conduct: When Advocacy Crosses Into Gross Misconduct

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and disobeying IBP orders, clarifying ethical limits of advocacy.

Illegal Dismissal and Optional Retirement: When a Demotion Does Not End Employment

Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and the rights of managerial employees in the Philippines.

Lawyer Disbarred for Neglecting Client and Misappropriating Funds Faces Contempt

Supreme Court denies lawyer's bid to reverse disbarment, cites him for contempt, and orders execution to return misappropriated client funds.

Island Provinces and the Constitution: The Dinagat Islands Creation Case

The Supreme Court struck down Republic Act No. 9355 creating Dinagat Islands province for failing population and land area requirements under the Local Government Code.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court denies a disbarred lawyer's attempt to reopen a final judgment, citing the doctrine of immutability of judgment and citing him for indirect contempt.

Lawyer Negligence and the Duty of Diligence and Communication in Philippine Legal Practice

Philippine Supreme Court clarifies lawyers' duties of diligence and communication, examining a case where attorney negligence led to disciplinary action.

Buy-Bust Operations and Chain of Custody: Key Lessons from People v. Joel Roa

Learn how the Supreme Court upheld a drug conviction, explaining buy-bust validity, PDEA coordination, and chain of custody rules under RA 9165.

Timely Justice Determining THE Correct Appeal Method IN Land Valuation Cases

Learn how the Supreme Court resolved the proper appeal method and interest computation in land valuation cases under CARP.

Conspiracy and Drug Sales: Establishing Intent and Upholding the Presumption of Regularity

A Supreme Court ruling on how concerted acts prove conspiracy in illegal drug sales and when police regularity is presumed.

Safeguarding Suffrage: The Right to Information in Philippine Elections

The Supreme Court compels Comelec to disclose election preparations, affirming the people's right to information on matters of public concern.

Compromise Agreements: How Party Autonomy Ends Civil Disputes in the Philippines

The Supreme Court affirms that compromise agreements validly executed by parties are encouraged and binding, provided they are not contrary to law, morals, or public policy.

Coalition Registration Deadlines Are Mandatory in Philippine Election Law

Supreme Court rules COMELEC deadlines for coalition registration are mandatory, not merely directory, in Liberal Party v. COMELEC.

Writ of Possession in Foreclosure: When Issuance Is Ministerial

Philippine Supreme Court clarifies that writ of possession issuance after foreclosure is ministerial, not discretionary, for the purchaser.

Constructive Possession When Holding Isnt Always Having IN Illegal Firearm Cases

Philippine Supreme Court explains constructive possession in illegal firearm cases—what it means, how it is proven, and why custody by another person may still be possession.

Oral Partition of Land: Proving Agreements and Challenging Ownership Claims

Philippine Supreme Court ruling on proving oral partition of inherited land, parol evidence rule, and where to litigate ownership claims in expropriation.

Fair Market Value vs Arbitrary Pricing: Protecting Option to Purchase Agreements in Philippine Law

Philippine Supreme Court clarifies that "fair market value" in option to purchase agreements cannot be arbitrarily set by the grantor.

Navigating Libel in the Digital Age: Defining Jurisdiction in Online Defamation

The Supreme Court clarifies where online libel cases may be filed, ruling that mere internet access does not determine venue.

Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings

Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.

Robbery With Rape Conviction: Victim Testimony Prevails Over Alibi Defense

Supreme Court affirms robbery with rape conviction, holding that a victim's positive identification prevails over an accused's weak alibi defense.

Tax Assessments: Strict Compliance With Waiver Requirements Protects Taxpayers

Waivers extending the tax assessment period must strictly follow BIR rules. Learn how defects invalidate waivers and protect taxpayers from late assessments.

Forum Shopping and Dismissed Cases: What the Benedicto Ruling Means for Refiled Complaints

The Supreme Court clarifies when a withdrawn case must be disclosed in a certification against forum shopping, and what litis pendentia requires.

Rape Conviction Upheld: Victim Testimony and Positive Identification in Philippine Law

Supreme Court affirms rape conviction, ruling that a victim's positive identification and credible testimony can overcome alibi and denial defenses.

Finality Prevails Reaffirming HRET Discretion in Electoral Protests

Supreme Court affirms HRET's discretion in ballot revision and upholds finality of judgments in election protests.