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Showing 10369–10392 of 19,278 articles for “eme”

Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages

Grave Misconduct and Dismissal of Court Personnel: Acquittal in Criminal Case Does Not Bar Administrative Liab

The Supreme Court explains why a court aide's acquittal in a rape case did not prevent his dismissal for grave misconduct from judicial service.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Court Stenographers' Duty of Diligence: Lessons from a One-Year Suspension

A Supreme Court ruling on a stenographer's suspension for inefficiency, loafing, and false logbook entries underscores accountability in the judiciary.

Project Employee or Regular Employee? Court Rules on Repeated Rehiring and Termination Reports

Supreme Court clarifies when project employees become regular employees, emphasizing employer burden to prove project status and file termination reports.

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Accountability for Kidnapping: Conspiracy, Confessions, and Justice in People v. Muit

Supreme Court affirms convictions for kidnapping and carnapping, explaining conspiracy, interlocking confessions, and penalties.

Due Process and Fair Play: When a Lawyer's Oversight Is Not Malice

When can a lawyer be disciplined for lapses in court? The Supreme Court explains the line between honest error and misconduct.

Conspiracy and Falsification: Probable Cause in Private Document Cases

How the Supreme Court clarified that conspiracy allegations in falsification cases need only probable cause at preliminary stages, not proof beyond reasonable doubt.

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.

Breach of Warranty in Realty Sale: Buyer Entitled to Reduced Purchase Price

Philippine Supreme Court ruling on breach of warranty in realty sales and the buyer's right to proportionate price reduction.

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

Finality Prevails: Nullifying Titles and Reverting Illegally Acquired Public Lands

The Supreme Court reaffirms that final judgments on land title nullification and reversion to public domain are immutable and must be executed.

Protecting the Young: Statutory Rape Conviction and the Weakness of Alibi

A Supreme Court ruling affirms that alibi cannot defeat positive identification in statutory rape cases involving minors.

Illegal Recruitment: Simple vs Large Scale — A Crucial Distinction in Philippine Law

The Supreme Court clarifies when illegal recruitment becomes large scale, and why the number of victims matters in Philippine criminal law.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Probable Cause vs. Proof of Conspiracy: Lessons from Victorias Milling v. Padilla

The Supreme Court clarifies that judges need only probable cause, not proof beyond reasonable doubt, to find conspiracy at the warrant stage.

Taxing Power Showdown: How Franchise Agreements Interact With Local Taxes in the Philippines

Supreme Court ruling on whether "in lieu of all taxes" clauses in franchises exempt broadcasters from local franchise taxes.

Conspiracy and Liability in Rape: Understanding Shared Criminal Intent

Philippine Supreme Court clarifies conspiracy rules in rape cases, explaining when co-accused share criminal liability.

Compromise Agreements Upholding Contractual Freedom To Settle Disputes Out of Court

The Supreme Court approved a compromise agreement ending a subrogation dispute, affirming parties' freedom to settle litigation through mutual concessions.

Due Process Prevails: Demotion Without Notice Violates Employee Rights in the Philippines

Philippine Supreme Court rules on due process in employee discipline, examining demotion without notice and seafarer abandonment cases.

Union Security vs. Employee Rights: Navigating Unfair Labor Practice Claims in the Philippines

A Supreme Court ruling clarifies when an employer's compliance with a union security clause is valid and what constitutes unfair labor practice.

Rape Conviction Affirmed: Victim Testimony and Intimidation in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how victim testimony, intimidation, and corroborating evidence establish guilt beyond reasonable doubt.

Security of Tenure Prevails: Fixed-Term Contracts Must Not Circumvent Workers’ Rights

The Supreme Court rules that fixed-term contracts cannot be used to circumvent an employee's security of tenure under Philippine labor law.