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Showing 10105–10128 of 19,277 articles for “eme”

Lost Inheritance: Proving Kinship in Property Disputes

Philippine Supreme Court ruling on why heirs must prove kinship to claim inherited property, and the limits of Torrens title challenges.

Revocability of Irrevocable Powers of Attorney: Agrarian Reform Limits on Tenant Rights

Supreme Court clarifies when an irrevocable power of attorney over agrarian reform land may still be challenged and revoked.

Quasi-Delict Liability in Vehicular Accidents: What the Supreme Court Ruling Means

Learn how the Supreme Court applied quasi-delict rules in a vehicular accident case, clarifying negligence, vicarious liability, and damages.

Entrapment vs Instigation: When Buy-Bust Operations Are Valid in Philippine Drug Cases

Philippine Supreme Court explains the difference between valid entrapment and unlawful instigation in buy-bust operations, using Cruz v. People.

Statutory Rape: Protecting Children and Ensuring Due Process in Criminal Law

A father's conviction for statutory rape upheld, but due process requires every element—including relationship—be alleged in the information.

Ancestral Domain vs Public Land: Resolving Indigenous Land Claims in Forest Reservations

Supreme Court clarifies NCIP jurisdiction over ancestral land claims but upholds protection of forest reservations from private claims.

Retrenchment Requisites: When Economic Downturn Does Not Justify Dismissal

Philippine Supreme Court clarifies the strict requisites for valid retrenchment, including proof of losses and 30-day notice rules.

Supervisory Negligence: Clerks of Court Held Accountable for Monitoring Court Funds

Philippine Supreme Court holds clerks of court liable for simple neglect of duty for failing to supervise a cashier who misappropriated court funds.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Navigating Investment Incentives: The Finality of BOI Decisions and Appellate Procedure

The Supreme Court ruled that a denial of an income tax holiday by the Board of Investments must be appealed to the Court of Appeals, not the Office of the President.

Treachery in Murder: What the Supreme Court Requires for Conviction

The Supreme Court clarifies treachery as a qualifying circumstance in murder, explaining what evidence proves it and why evident premeditation failed in this case.

SPV Law Notice Requirements: Protecting Debtor Rights in Asset Transfers

Learn how the SPV Law's notice requirements protect debtors when banks transfer non-performing loans to special purpose vehicles.

Attorney-Client Relationship and Disbarment: When Personal Transactions Do Not Trigger Professional Liability

Supreme Court clarifies that free legal advice incidental to personal dealings does not establish attorney-client relationship for disbarment purposes.

Breaking the Chain: How Involuntary Interruptions Allow a Fourth Term Despite Term Limits

The Supreme Court explains when an involuntary break in service resets the three-term limit for local officials under Philippine law.

Who May File Libel Cases: City Prosecutor vs Provincial Prosecutor

Supreme Court rules on which prosecutor has authority to file libel Informations, and why a wrong prosecutor's filing is a fatal jurisdictional defect.

Drug Sale Conviction Upheld: Minor Inconsistencies Do Not Undermine Police Testimony

The Supreme Court affirms drug sale and possession convictions, ruling that minor inconsistencies in police testimony do not impair credibility.

Defining Regular Employment: The Case of Dealco Farms and the Comboys

The Supreme Court clarifies the test for regular employment under Philippine labor law, emphasizing the employer's business nature and the employee's role.

Redemption Rights When A Sale Disguises A Loan Equity Prevails

When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.

Default Judgments and Due Process: The Imperative of Procedural Compliance in Philippine Courts

Philippine Supreme Court ruling on finality of judgments, procedural compliance, and the limits of post-judgment remedies in civil cases.

Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong

Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.

Ombudsman's Discretion in Establishing Undue Injury in Anti-Graft Cases

Supreme Court explains when delay in resolving a complaint constitutes

Rape and Moral Ascendancy: When the Sweetheart Defense Fails

Philippine Supreme Court ruling on rape, moral ascendancy of a live-in partner, and the limits of the sweetheart defense.

Documentary Stamp Tax: Passbooks for High-Interest Savings Accounts Are Taxable

The Supreme Court ruled that passbook-evidenced high-interest savings accounts are taxable certificates of deposit under the documentary stamp tax law.

Redundancy in Labor Law Justifying Employee Termination During Business Restructuring

Philippine Supreme Court clarifies when business restructuring justifies termination and how regular employment status is determined under the four-fold test.