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Showing 10825–10848 of 19,283 articles for “eme”

When a Complaint Fails to State a Cause of Action: The Preliminary Hearing Remedy

Learn when a motion to dismiss for failure to state a cause of action should be heard before trial, based on a 2008 Supreme Court ruling.

Letter of Undertaking Enforceability and Independence From Negotiable Instruments

Supreme Court rules a letter of undertaking is a separate contract, binding even if the underlying sight draft is discharged under the Negotiable Instruments Law.

Protecting Land Titles: Limits of Agrarian Reform Jurisdiction and Ancestral Land Claims

Supreme Court ruling on DARAB jurisdiction, Torrens title protection, and ancestral land claims under RA 8371.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Publisher's Knowledge Not Required for Libel Conviction Under Philippine Law

Philippine Supreme Court rules a publisher can be convicted of libel even without knowledge of the libelous article, citing Article 360 of the Revised Penal Code.

Diminution of Benefits: How Salary Increases Affect Judiciary Special Allowances

The Supreme Court explains why a 10% salary increase under EO 611 reduces the Special Allowance for the Judiciary by the same amount.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Compromise Agreements Prevail Over Final Judgments in Philippine Disputes

Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.

Treachery Defined: How Sudden Attacks Are Punished Under Philippine Law

The Supreme Court explains treachery in murder cases, showing how sudden attacks on unsuspecting victims qualify for the highest penalties.

Protecting Child Rape Victims: Damages and Penalties Under RA 9346

A look at how the Supreme Court affirmed a qualified rape conviction and clarified civil damages for child victims of sexual abuse.

Trademark License Revocation: When Unauthorized Use Justifies Termination

Philippine Supreme Court ruling on when a trademark owner may validly revoke a license for unauthorized use beyond the agreed scope.

Judgment Bindings Protecting Rights OF NON Parties IN Property Disputes

The Supreme Court ruled that demolition orders cannot bind non-parties who never had their day in court, protecting their property rights.

Conspiracy and Illegal Detention: When Mere Presence in a Fraud Scheme Is Not Enough

The Supreme Court acquits a broker of estafa thru falsification, ruling that mere presence and participation in transactions do not prove conspiracy beyond reasonable doubt.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Establishing Filiation in Estate Proceedings: The Illegitimate Child's Claim

Explaining Tayag v. Tayag-Gallor: an illegitimate child may prove filiation during estate settlement, not just via recognition action.

Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute

Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.

Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First

Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp

Substantial Completion vs Unjustified Delay: Contractor Entitlements in Construction Disputes

When is a contractor in delay? The Supreme Court clarifies how substantial completion and change orders affect liquidated damages.

Breach of Trust Estafa Conviction for Misappropriated Purchase Orders

Supreme Court affirms estafa conviction when a seller used purchase order cards for personal benefit instead of remitting proceeds to the owner.

Overseas Workers Rights Illegal Dismissal and Fair Compensation in Maritime Employment

Understand the Supreme Court ruling on illegal dismissal of overseas Filipino workers and how compensation is computed under RA 8042.

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

Writ of Possession in Foreclosure: Ministerial Duty vs Equitable Considerations

When can a court refuse to issue a writ of possession after foreclosure? The Supreme Court clarifies the ministerial duty rule and its exceptions.

Sheriff's Duties in Executing Writs: Lessons from Gillana v. Germinal

Philippine Supreme Court clarifies sheriff's duties in executing writs of demolition, including proper handling of expenses and timely returns.

Upholding Due Process: The Limits of Retroactive Application in Behest Loan Cases

Supreme Court affirms Ombudsman's dismissal of behest loan charges, clarifying that administrative orders defining behest loans are not penal laws and cannot retroactively criminalize past transaction