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Showing 10681–10704 of 19,283 articles for “eme”

Entrapment vs Instigation: Safeguarding Rights in Drug Cases

Philippine Supreme Court clarifies the line between valid entrapment and unlawful instigation in drug buy-bust operations under RA 9165.

Foreclosure Amidst Corporate Liquidation Secured Creditor Rights Prevail

Philippine Supreme Court ruling on secured creditor foreclosure rights during corporate liquidation proceedings under RA 8799 and the Corporation Code.

Sheriff's Ministerial Duty to Execute Writs and the Proper Procedure for Collecting Expenses

A Philippine Supreme Court ruling explains why a sheriff's duty to enforce a writ is mandatory, and why collecting execution expenses outside the rules is misconduct.

Beyond the Signature: Validating Agreements Despite Spousal Absence and Time Lapses in Contract Law

Philippine Supreme Court ruling on estafa clarifies deceit, notice of dishonor, and penalties for bouncing checks.

Project Employee Status Requires Clear Notice: Hanjin Heavy Industries v. Ibañez

When does a construction worker become a regular employee? The Supreme Court clarifies the rules on project employment and termination.

Bouncing Checks and Deceit: When Issuing a Bad Check Becomes Estafa

Philippine Supreme Court clarifies when issuing a bouncing check constitutes estafa, not just a civil debt, and explains the deceit requirement.

Fresh Period Rule Applies Retroactively to Pending Appeals

The Supreme Court clarifies that the Neypes fresh period rule applies retroactively to pending cases, allowing late appeals to proceed.

Land Registration: Proving Continuous Possession for Imperfect Titles

The Supreme Court explains what evidence is needed to register land under an imperfect title, requiring possession since June 12, 1945.

Bank Negligence and Depositor Fault: Who Bears Loss in Fraudulent Deposit Reversals

Supreme Court rules on allocating loss between bank negligence and depositor contributory fault in fraudulent check deposit reversals.

Residency Requirements for Elective Office: Domicile and Disqualification Explained

The Supreme Court clarifies how domicile is determined for election residency requirements, using a mayoral disqualification case as a guide.

Notary Negligence and Disqualification: Lessons from Baylon v. Almo

A notary who fails to verify identity can lose the commission and be disqualified. Learn the rules from a Supreme Court ruling.

Conspiracy in Estafa: How Courts Prove Joint Criminal Design

The Supreme Court explains how conspiracy in estafa is proven through overt acts, not direct evidence, in Aquino v. Paiste.

Disbarred Lawyer Cited for Contempt After Defying Order to Return Funds

The Supreme Court denied with finality a disbarred lawyer's bid to reopen his case and cited him for indirect contempt for refusing to return funds to his former client.

AWOL and Due Process: Can an Employee Dropped From the Rolls Still Face Administrative Cases?

The Supreme Court clarifies that being dropped from the rolls for AWOL does not end pending administrative cases, especially for court employees facing fund shortages.

Sheriff's Overzealous Writ Execution: Grave Abuse of Authority and Citizen's Rights

When a sheriff's writ execution crosses the line into illegal detention and premature demolition, the Supreme Court steps in to protect citizens' rights.

Bouncing Checks and Due Process: The Notice Requirement in BP 22 Cases

Philippine Supreme Court clarifies that proof of receipt of notice of dishonor is essential to convict under BP 22, the bouncing checks law.

Who Can Speak for the Deceased: Legal Representation and Estate Rights in Philippine Courts

Philippine Supreme Court clarifies who may substitute for a deceased party in civil cases, protecting estate rights and due process.

Piercing the Corporate Veil in Land Reform: When Corporate Fiction Evades Agrarian Law

When a corporation is used to evade agrarian reform coverage, courts will pierce the corporate veil. Learn from this Supreme Court ruling.

Fishpond Exemption and Farmworker Security of Tenure After Lease Expiration

Philippine Supreme Court ruling on whether fishpond farmworkers retain security of tenure after a civil law lessee's lease expires.

Sheriffs Duty Implementing Replevin Orders With DUE Diligence AND Care

When a sheriff seizes property under a replevin order, due diligence is not optional. A Supreme Court ruling shows the costly consequences of neglect.

Fishpond Workers' Rights After Lease Expiration: Civil Lease vs Agrarian Reform

Supreme Court ruling on whether fishpond workers hired by a civil law lessee can stay after lease expiration, and why fishponds are exempt from agrarian reform.

Land Reclassification Does Not Automatically Strip Tenant Rights, Says SC

Supreme Court clarifies that reclassifying agricultural land to residential use does not automatically divest tenant-farmers of their security of tenure rights.

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

Upholding Judicial Duty: Prompt Resolution of Cases and the Consequences of Undue Delay

The Supreme Court fines a Pasay City judge P10,000 for resolving motions many months late, confirming that undue delay is a punishable offense.