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Showing 9169–9192 of 19,273 articles for “eme”

Prior Physical Possession Prevails in Forcible Entry Cases: Lagazo v. Soriano

Philippine Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases. Learn the rule from Lagazo v. Soriano.

Ombudsman Cannot Intervene in Appeals of Its Own Decisions: Impartiality in Administrative Cases

The Supreme Court rules the Ombudsman cannot intervene in appeals of its own decisions, preserving impartiality in administrative cases.

Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution

The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.

The Weight of Eyewitness Testimony: Evaluating Credibility in Vehicular Negligence Cases

How Philippine courts weigh eyewitness accounts and evidence in vehicular negligence cases, explained through a recent Supreme Court ruling.

Loss of Confidence as a Valid Ground for Dismissal: When Employers Can Terminate Trusted Employees

The Supreme Court clarifies when loss of confidence justifies dismissing managerial employees, requiring only some basis, not proof beyond reasonable doubt.

Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers

When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.

Eminent Domain and Just Compensation: Lessons from City of Iloilo v. Javellana

The Supreme Court clarifies when just compensation is reckoned in expropriation cases and penalizes the government for delayed payment.

Inventory of Estate: Donated Property Must Be Included for Collation Among Heirs

Supreme Court rules donated property must be included in estate inventory for collation, even if the deed was not notarized or registered.

Perpetual Employment Contracts: Labor Rights and Management Prerogatives Under Philippine Law

The Supreme Court rules on perpetual employment contracts, labor arbiter jurisdiction, and the balance between worker protection and management rights.

Supreme Court Upholds Judiciary’s Exclusive Power Over Legal Fees, Denies GSIS Exemption

The Supreme Court denies GSIS’s claim of exemption from legal fees, affirming the judiciary’s exclusive rule-making power under the Constitution.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Parricide Conviction Upheld: Circumstantial Evidence and Defenses of Accident and Intoxication

Supreme Court affirms parricide conviction based on circumstantial evidence, rejecting defenses of accident and intoxication in spousal killing.

Contractual Obligations Survey Requirement Prevails Over Rescission Rights IN Land Sale Agreements

Supreme Court rules survey obligation in land sale contracts prevails over rescission rights, clarifying breach requirements under Philippine law.

Separation of Powers: Court Upholds Its Authority Over Sequestered SMC Shares

The Supreme Court reaffirms the separation of powers doctrine in denying reconsideration of its ruling allowing the conversion of sequestered SMC shares.

In Land Sales, Survey Duty Prevails Over Payment Deadlines

Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.

Safeguarding Elections: Upholding Comelec’s Discretion in Automated Election System Implementation

The Supreme Court affirms Comelec’s discretion in awarding the 2010 automated election project, rejecting speculative challenges to the PCOS system.

Supreme Court Nullifies Dinagat Islands Creation: Land Area and Population Rules Under the Local Government Co

The Supreme Court struck down R.A. 9355 creating Dinagat Islands for failing the Local Government Code's land area and population requirements.

Entrapment vs Instigation: Defining the Boundaries in Drug Sale Convictions

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug cases, affirming a buy-bust conviction.

Burden of Proof in Conspiracy: Protecting Employees from Unjust Dismissal

When employers claim conspiracy to justify dismissal, the Supreme Court requires clear and convincing evidence, not mere assumptions. Learn from Sargasso v. NLRC.

GSIS Contributions: Can Dismissed Government Employees Recover Their Personal Shares?

Philippine Supreme Court ruling on whether dismissed government employees can recover personal GSIS contributions and premiums.

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

VAT Refund Denied for Failure to Print "Zero-Rated" on Invoices

Philippine Supreme Court rules that failure to print "zero-rated" on sales invoices bars VAT refund claims, even for exporters.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.