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Showing 1057–1080 of 19,247 articles for “eme”

Agrarian Reform Exclusion: Land Must Be Used Exclusively for Livestock Raising

The Supreme Court clarifies when lands may be excluded from CARP coverage for livestock raising and why good faith matters.

Jurisdictional Boundaries Defining Regulatory Authority Over Gaming Operations in Economic Zones

Supreme Court clarifies limits of judicial courtesy, territorial jurisdiction, and regulatory authority over gaming operations in economic zones.

Notarial Duties Are Personal: Attorney's Lapses in Recording SPA Lead to Suspension

A lawyer cannot delegate notarial record-keeping to staff. Learn the rules and consequences from a recent Supreme Court ruling.

Insufficient Evidence Acquittal in Child's Death Due to Drowning

Supreme Court acquits grandmother of murder after prosecution fails to prove guilt beyond reasonable doubt in child's drowning death.

Unlawful Arrest and the Exclusionary Rule: Protecting Rights Against Illegal Marijuana Seizure

Supreme Court acquits in marijuana cultivation case, ruling that evidence from an unlawful warrantless arrest is inadmissible.

When Delay Defeats Title: Laches and Registered Land in Lorenzo v. Eustaquio

The Supreme Court ruled that laches can defeat registered land ownership, even when the original transfer was flawed. Learn the key rules.

Dual Citizenship by Birth vs. Naturalization: Election Eligibility in the Philippines

The Supreme Court clarifies when dual citizens by birth may run for office without renouncing foreign citizenship under R.A. 9225.

Judicial Clemency: When Is a Judge Entitled to a Second Chance?

The Supreme Court explains the strict requirements for judicial clemency, including remorse, reformation, and the five-year waiting period.

Restaurants Infringe Copyright by Playing Radio Broadcasts Without a License

The Supreme Court rules that restaurants playing radio broadcasts as background music without a FILSCAP license commit copyright infringement.

Sovereign Debt vs Constitutional Mandates: Balancing Loan Agreements With National Interests

The Supreme Court upheld two China-financed loan agreements, ruling on presidential immunity, Monetary Board concurrence, and procurement rules.

Copyright vs Fair Use: Restaurants Playing Radio Music in the Philippines

The Supreme Court rules that restaurants playing radio music through speakers must pay license fees to FILSCAP for public performance.

Judicial Clemency in the Philippines: Remorse and Reformation for Reinstatement of Benefits

The Supreme Court denied a dismissed judge's plea to restore retirement benefits, clarifying the strict proof of remorse and reformation required for judicial clemency.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

Certiorari as a Remedy: Exhausting Administrative Remedies in Banking Disputes

Learn when certiorari is proper in banking disputes and why exhausting administrative remedies remains a key requirement before court action.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

The Shared Burden: Defining Well-Founded Fear in Philippine Refugee Status Determinations

Philippine Supreme Court clarifies the shared burden of proof and "well-founded fear" standard in refugee status determination under the 1951 Convention.

Accountability Beyond the Trigger: Command Responsibility in Amparo Cases

The Supreme Court clarifies how command responsibility applies in writ of amparo cases involving extrajudicial killings, extending accountability beyond the actual perpetrators.

Prompt Compensation Imperative in Determining Just Compensation in Philippine Expropriation Cases

Philippine Supreme Court rules just compensation is reckoned from the date of taking, not the filing of the complaint, and must be paid promptly with interest.

Challenging Filiation: Birth Certificate Corrections and DNA Evidence in Philippine Law

Philippine Supreme Court rules filiation cannot be collaterally attacked via Rule 108 birth certificate correction petitions; DNA testing requires prima facie evidence.

Understanding Fraudulent Property Inclusion Insights From A Landmark Supreme Court Decision

A Supreme Court ruling clarifies when ejectment suits fail and why repeated demands don't reset the one-year filing period.

Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor

Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.

Right of Way Requisites: Proving Isolation for Easement Claims in the Philippines

Philippine Supreme Court clarifies the burden of proof for compulsory right of way easement claims under Civil Code Articles 649 and 650.