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Showing 10465–10488 of 19,278 articles for “eme”

Ejectment Actions Lease Contract Prerequisite For Unlawful Detainer

Learn the lease contract requirement for unlawful detainer suits and why proving the lessor-lessee relationship is crucial in Philippine ejectment cases.

Appeal Bond in Labor Cases: Why Missing the Deadline Is Fatal

Philippine Supreme Court ruling on why an employer's failure to post an appeal bond within 10 days makes a Labor Arbiter's decision final and executory.

Unlawful Detainer: Proving a Lease Contract and the Limits of Ownership Claims

A Supreme Court ruling clarifies what a plaintiff must prove in unlawful detainer cases, including the lease contract and better right to possession.

Online Psychological Abuse Under RA 9262: Proving Facebook Post Authorship and Higher Penalties

The Supreme Court clarifies how to prove Facebook post authorship in VAWC cases and applies higher cybercrime penalties for online psychological abuse.

When Lawyers Cite Cases That Do Not Exist: G.R. No. 276106 and the Duty of Candor

The Supreme Court denied a labor petition and ordered an investigation of counsel who cited eighteen decisions that were nonexistent, misquoted, or ruled against his client.

Wage Order Enforcement: Prescription Rules for Money Claims vs Final Judgments

Learn the difference between the 3-year prescription for money claims and the 5-year period to enforce final judgments in Philippine labor law.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

Upholding Workers Rights Illegal Dismissal AND THE Limits OF Corporate Discretion IN Labor Disputes

Supreme Court affirms illegal dismissal ruling against Purefoods for union busting, clarifies corporate procedural rules in labor disputes.

Circumstantial Evidence and Conviction: Rape with Homicide Requires Moral Certainty

When can circumstantial evidence convict someone of rape with homicide? The Supreme Court explains the moral certainty standard.

Lis Pendens and Due Process: Protecting Registered Owners in Property Disputes

The Supreme Court clarifies when a notice of lis pendens may be annotated, balancing a claimant's interest against a registered owner's right to due process.

Employee Dismissal: When Courts Can Look Beyond the Termination Notice

Philippine Supreme Court rules on whether courts may consider grounds beyond those stated in an employee's termination notice in illegal dismissal cases.

Breach of Trust Establishing Estafa Through Misappropriated Loan Proceeds

When does failure to turn over loan proceeds become estafa? The Supreme Court explains misappropriation under Article 315.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Authority TO Sell Written Power IS KEY To Valid Real Estate Transactions

Philippine Supreme Court ruling on Estate of Lino Olaguer clarifies when a written power of attorney is required for valid real estate sales.

Breach of Public Trust, Misappropriation of Funds, and the Duty of Accountable Public Servants

The Supreme Court affirms that misappropriating funds received in trust constitutes estafa, emphasizing the fiduciary duty of accountable public servants.

Land Registration in the Philippines: Why Possession Since June 12, 1945 Matters

The Supreme Court denied a land registration application because possession began after June 12, 1945, and before the land was declared alienable and disposable.

Supreme Court Dismisses Judge for Extramarital Affair, Suspends Him From Law Practice

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

Early Retirement Requires Explicit Consent: SC Clarifies Optional Retirement Rules

SC rules an employee cannot be forced into early retirement without explicit consent, clarifying optional retirement and separation pay rules.

Equitable Reduction of Interest: Protecting Borrowers from Unconscionable Loan Terms

The Supreme Court affirms courts' power to reduce unconscionable interest and penalty rates, protecting borrowers from excessive loan charges.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

Simulated Business Closure Employer Liability FOR Illegal Dismissal

Philippine Supreme Court ruling on when a simulated business closure constitutes illegal dismissal and employer liability.

Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls

Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.

Behest Loans and the Ombudsman’s Discretion: Balancing Justice and Due Process in Government Transactions

The Supreme Court upholds the Ombudsman’s dismissal of behest loan charges, reinforcing the principle of non-interference in prosecutorial discretion.

Rape Conviction Affirmed: The Legal Threshold for Carnal Knowledge and Victim Credibility

The Supreme Court affirms a rape conviction, clarifying that slight penetration of the labia suffices for carnal knowledge and that a credible victim's testimony alone can convict.