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Showing 9673–9696 of 19,275 articles for “eme”

Retention Rights Under Agrarian Reform: Landowner's Duty of Full Disclosure

Philippine Supreme Court ruling on agrarian retention rights, emphasizing a landowner's duty of full disclosure in retention applications.

Breach of Trust and Confidence: Upholding Termination of Supervisory Employees in the Philippines

Philippine Supreme Court ruling on valid dismissal of supervisory employees for breach of trust and confidence in Coca-Cola Bottlers case.

Torrens System Prevails: Registered Land Protected Against Adverse Claims

When registered land is sold to innocent buyers, claims of long possession cannot defeat the Torrens title, the Supreme Court rules.

Proof Beyond Reasonable Doubt in Conspiracy and Murder: The Maliao Case

A look at how the Supreme Court distinguished conspiracy from mere accomplice liability in a rape-with-homicide case.

Practicing Law During Suspension: Judicial Ethics and Integrity

A judge's preventive suspension does not lift the ban on private law practice. The Supreme Court explains why.

Letters of Intent: When a Preliminary Document Is Not a Contract of Sale in Philippine Law

Philippine Supreme Court clarifies when a Letter of Intent remains a mere declaration of intention, not a binding contract to sell or conditional sale.

Proportional Representation in the Commission on Appointments: What Drilon v. De Venecia Means for Political P

The Supreme Court explains when political parties can demand seats in the Commission on Appointments and the proper remedy for violations.

Accomplice Liability in Rape With Homicide: Clarifying the Degree of Participation

The Supreme Court clarifies when a witness to a crime becomes an accomplice, not a principal, in rape with homicide.

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When must a bank verify checks before encashing them? The Supreme Court clarifies banks' duty of extraordinary diligence and the last clear chance doctrine.

Illegal Dismissal vs AWOL: When a Security Guard's Absence Is Not Abandonment

Supreme Court ruling clarifies when a worker's absence is illegal dismissal, not AWOL or abandonment, and the rules on off-detail status.

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

Just Compensation for Right-of-Way Easement: Full Market Value, Not 10% Fee

When power lines cross private land, owners may get full market value, not just a 10% easement fee.

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When a bank encashes checks with obvious irregularities, it may bear liability. The Supreme Court explains the duty of care.

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Breach of Contract and Damages: Airline's Duty to Honor Ticket Terms

The Supreme Court held an airline liable for breach of contract and damages after it refused to honor the rebooking terms printed on a passenger's ticket.

Citizenship Threshold Ensuring Elected Officials Meet Constitutional Requirements

The Supreme Court clarifies that citizenship is a continuing qualification for House members, and only the HRET may judge such contests after proclamation.

Voluntary Appearance and Summons: Protecting Property Rights in Philippine Courts

Philippine Supreme Court clarifies when a defendant's court filings waive defective summons, protecting property rights in quieting title cases.

Real Party in Interest Rule: Standing in Land Dispute Resolutions

The Supreme Court clarifies that an administrative agency that resolves a land dispute lacks standing to appeal, as it is not a real party in interest.

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

Death and Legal Representation: How Estate Claims Proceed in Philippine Courts

Philippine Supreme Court ruling on estate claims, probate jurisdiction, and why the value of the decedent's estate determines which court hears the case.

Overcoming Technicalities: How Election Errors Can Be Corrected Beyond Deadlines to Uphold the People's Will

The Supreme Court affirms COMELEC's power to correct election errors even after deadlines, ensuring the true will of the electorate prevails over technicalities.

Judicial Restraint Limits on Contempt Power and Due Process Rights

The Supreme Court fines a judge P40,000 for citing a driver in contempt over a parking space, stressing restraint and due process in contempt cases.

Due Process vs Abandonment: Balancing Employee Rights in Termination Cases

Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.

Mining Rights and Corporate Authorization: The Crucial Role of Proper Board Authority in Legal Actions

A Supreme Court ruling on why corporations must secure proper board authorization for legal certifications, and the strict rules on mining disputes.