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Showing 10321–10344 of 19,278 articles for “eme”

Forum Shopping in Mortgage Disputes: When Causes of Action Differ

Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.

Certification Against Forum Shopping: The High Cost of Non-Disclosure

Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Treachery and Unlicensed Firearms Raise Murder Penalty in Philippine Law

Philippine Supreme Court ruling on how treachery and unlicensed firearms affect murder liability, penalties, and damages.

Public Office Ethics Improper Firearm Discharge AND Limits OF Misconduct Claims

Philippine Supreme Court ruling on constructive dismissal, retirement age, and limits of employer misconduct claims.

Homicide and Self-Defense: Burden of Proof and Mitigating Circumstances

A Philippine Supreme Court ruling explains why self-defense must be proven by the accused and how courts assess voluntary surrender and damages in homicide cases.

When Lawyers Issue Bouncing Checks: Administrative Liability Under Philippine Law

A lawyer who issues worthless checks faces suspension even after full payment. Learn the rules from a Supreme Court administrative case.

Honesty Matters: Dismissal for False Statements in Government Job Applications

The Supreme Court ruled that false declarations in a Personal Data Sheet constitute dishonesty and falsification, warranting dismissal from government service.

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Concurrent Jurisdiction and Estoppel: Ombudsman vs. DepEd in Teacher Discipline

The Supreme Court clarifies the Ombudsman's concurrent jurisdiction over public school teachers and the estoppel bar against belated jurisdictional challenges.

Seafarer Dismissal Upheld: Totality of Infractions and Due Process in Maritime Cases

Philippine Supreme Court upholds seafarer's dismissal based on totality of infractions, but awards nominal damages for lack of due process.

When a Lawyer's Private Misconduct Warrants Disbarment: The Arnobit Case

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for the practice of law.

Falsification of Documents and Dishonesty: Dismissal from Public Service

Supreme Court affirms dismissal of court employee for falsifying a CSC eligibility certificate and lying in his Personal Data Sheet.

Supreme Court on Homicide Conviction and Credibility of Witness Testimony

The Supreme Court upholds a homicide conviction, explaining how courts weigh witness credibility and medical evidence in criminal cases.

Lawyer Disbarred for Gross Immoral Conduct: Abandoning Wife and Children

Supreme Court disbars lawyer who abandoned his wife and 12 children to cohabit with another woman, ruling gross immoral conduct warrants the ultimate penalty.

Judicial Admissions: When a Lawyer's Statement Binds the Client in Lease and Contract Disputes

Supreme Court ruling on judicial admissions, binding statements, and liability in contract disputes involving lost cargo and damages.

When Shipowner Negligence Sinks the Limited Liability Defense in Philippine Maritime Law

Philippine Supreme Court clarifies when shipowners lose the limited liability rule due to actual negligence in cargo loss cases.

Pharmacists' Negligence: The High Standard of Care in Dispensing Medicine

When a pharmacist gives the wrong medicine, that mistake is negligence. The Supreme Court explains the high standard of care for drugstores in Mercury Drug v. De Leon.

Upholding Ethical Conduct Court Employee Penalized FOR Discourteous Behavior AND Misconduct

The Supreme Court ruled that a court employee's discourteous behavior and misconduct warrant disciplinary action, reaffirming strict ethical standards for judiciary personnel.

Parol Evidence Rule in Philippine Contracts: When Verbal Agreements Cannot Alter Written Terms

Philippine Supreme Court clarifies when the parol evidence rule applies and why subsequent verbal agreements to modify written contracts require credible proof.

When a Counsel's Negligence Endangers Property: Balancing Technical Rules and Substantive Justice

A Supreme Court ruling shows that procedural lapses in an appellant's brief may be excused, but a drugstore's negligent dispensing of medicine still invites liability.

Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap

Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.

Procedural Compliance and Corporate Rehabilitation: Ensuring Fair Adjudication of Appeals

The Supreme Court reminds appellate courts that procedural rules serve justice, not frustrate it, in corporate rehabilitation appeals.