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Showing 10225–10248 of 19,277 articles for “eme”

Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina

Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.

When Death Ends Administrative Liability: The Patag Case on Sheriffs and Due Process

A sheriff died while facing administrative charges. The Supreme Court dismissed the case, explaining why death abates administrative liability.

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Outside Wedlock

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and child, while suspending him from law practice for three years.

Finality of Judgment in Disbarment Cases: What Lawyers and Clients Should Know

A disbarred lawyer's attempt to reopen his case fails, as the Supreme Court enforces the doctrine of finality of judgment and cites him for indirect contempt.

Taxing Telecommunications: No Exemption Without Explicit Grant

The Supreme Court rules that the phrase "exclusive of this franchise" in RA 7678 does not exempt Digitel's real properties from real property tax.

Treachery Defined: When an Unexpected Attack Qualifies as Murder

The Supreme Court explains what makes a killing treacherous and why an unexpected attack from behind qualifies as murder.

Clarifying Ownership When a Property Title Is Held in Trust

A Supreme Court ruling explains how courts determine whether a titled property is truly owned by the registered owner or held in trust for another.

Facial Challenges to Penal Statutes: Free Speech vs. State Power in Election Law

The Supreme Court clarifies when penal statutes like election laws may be challenged on their face, balancing free speech against state power.

Allocation of Fiscal Duties: Demarcating the Authority of the City Accountant vs Treasurer in Funds Certificat

The Supreme Court clarifies the distinct fiscal duties of the city accountant and city treasurer in certifying fund availability for appointments.

Substantial Evidence Prevails: Ombudsman Decisions Overturned in Contract Compliance Dispute

The Supreme Court reaffirms that administrative complaints require substantial evidence, overturning Ombudsman findings based on mere allegations.

Title Reconstitution Requires Strict Adherence to Procedure: Republic v. Castro

The Supreme Court nullifies a title reconstitution for failure to comply with the mandatory requirements of Republic Act No. 26.

Conspiracy and Treachery: Guilt Without Direct Action in People v. Bohol

Philippine Supreme Court ruling on conspiracy, treachery, and murder liability for an accused who did not directly kill.

When Actions to Nullify Deeds of Sale Based on Fraud Do Not Prescribe

Philippine Supreme Court clarifies that actions to declare void contracts, like deeds of sale tainted by fraud or lack of consent, are imprescriptible.

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on eminent domain, just compensation, and property rights when government takes land without expropriation proceedings.

Rehabilitation Stay Orders vs Maritime Liens: What Creditors Should Know

Supreme Court clarifies that rehabilitation stay orders suspend maritime lien enforcement, preserving creditor preference without allowing immediate vessel arrest.

The Critical Element of Penile Penetration in Statutory Rape Convictions in the Philippines

The Supreme Court clarifies that in statutory rape, each count requires proof of penile penetration, even when the victim is below 12.

Late Docket Fee Payment and Procedural Lapses: Lessons from Colmenares v. Heirs of Gonzales

Learn how failure to follow certiorari rules—hierarchy of courts and verification—can doom an appeal, based on a 2008 Supreme Court ruling.

Court Hierarchy and Procedural Rules: Certiorari Petition Dismissed for Bypassing Lower Courts

Supreme Court affirms dismissal of certiorari petition for violating hierarchy of courts and failing to comply with verification and non-forum shopping rules.

Legislative Apportionment vs Local Autonomy: When a Plebiscite Is Not Required

Supreme Court clarifies that legislative reapportionment of a city into two districts does not require a plebiscite, distinguishing it from dividing a local government unit.

When Sangguniang Approval Is Needed for Local Government Contracts

Philippine Supreme Court clarifies when local chief executives need sanggunian approval before signing contracts binding their LGUs to new obligations.

Judicial Ethics, Extra-Marital Affairs, and the Standard of Moral Decency for Judges

The Supreme Court holds judges to exacting moral standards, ruling that even a non-physical romantic relationship with another woman constitutes immorality.

Default Judgments: When a Bank's Procedural Lapses Lead to Default

The Supreme Court upheld a default declaration against PNB for filing a late answer and misleading the court, clarifying strict rules on extensions.

Second Chances in the Judiciary: When Compassion Tempers Dismissal in Reinstatement Cases

The Supreme Court shows compassion can modify final administrative penalties, allowing dismissed judges to claim earned leave benefits.

Correcting Election Returns: COMELEC Can Rectify Manifest Errors Even After Proclamation

Supreme Court affirms COMELEC power to correct manifest errors in election returns even after a candidate has been proclaimed and sworn in.