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Showing 10969–10992 of 19,283 articles for “eme”

When a Lawyer's Statement Decides the Case: The Fraud Requirement for Preliminary Attachment

A bank's failure to prove fraud with specific facts, not just general allegations, led to the discharge of its writ of preliminary attachment.

Agrarian Reform Just Compensation and Timely Valuation of PD 27 Lands

When are PD 27 lands valued for just compensation? The Supreme Court clarifies the date of taking and applicable law.

Judicial Accountability When Haste Leads to Injustice in Granting Bail

A 2008 Supreme Court ruling reminds judges that bail in capital-offense cases requires notice, hearing, and evidence — not haste that defeats due process.

Certiorari and Grave Abuse of Discretion: Limits on Reviewing Judicial Actions in Damage Suits

The Supreme Court explains when certiorari may question judicial rulings, distinguishing errors of jurisdiction from errors of judgment.

Perfecting Labor Appeals: The Indispensable Surety Bond and Jurisdictional Requirements

Posting an appeal bond is jurisdictional in labor cases. A late bond means no appeal, and the Labor Arbiter's decision becomes final.

Loan vs Malversation: When Public Funds Become Private After Ownership Transfer

When does public money stop being public? The Supreme Court clarifies how a loan transfers ownership and defeats malversation charges.

When Does a Government Employee's Cash Shortage Become Grave Misconduct?

A Supreme Court ruling explains when cash shortages become grave misconduct and dishonesty in Philippine government service.

Appeal Bond in Labor Cases: Why Missing the Deadline Is Fatal to an Employer's Appeal

The Supreme Court explains why an employer's failure to post an appeal bond on time is fatal, rendering the labor arbiter's decision final and executory.

Protecting Children Credibility IN Rape AND Lasciviousness Cases Involving Minors

The Supreme Court affirms that minor inconsistencies do not destroy a child rape victim's credibility, explaining why delay in reporting is justified.

From Murder to Homicide When Sudden Attacks Lack Treachery in Philippine Law

The Supreme Court explains when a sudden attack qualifies as treachery and when it does not, reducing murder to homicide.

Due Process in Termination: The Two-Notice Rule and Nominal Damages

Learn the two-notice rule in employee termination and when nominal damages apply, based on a Philippine Supreme Court ruling.

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.

Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals

Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.

Bidding Required Government Contracts Must Ensure Fair Competition

Philippine Supreme Court clarifies when public bidding is mandatory for government service contracts and why negotiated awards violate fair competition.

Safeguarding Electoral Integrity: Due Process in Pre-Proclamation Cases

The Supreme Court nullifies a hasty proclamation in Cambe v. COMELEC, underscoring due process and the proper procedure for excluding election returns.

Protecting the Vulnerable: Upholding Justice for Victims of Parental Rape

Philippine Supreme Court affirms conviction for qualified rape committed by a father against his minor daughter, emphasizing the law's protection for vulnerable victims.

Rape and Moral Ascendancy: Consent, Credibility, and the Sweetheart Defense in Philippine Law

A 2008 Supreme Court ruling clarifies how moral ascendancy, intimidation, and credibility shape rape convictions and the sweetheart defense.

Habeas Corpus in Custody Disputes: When Personal Liberty Is Not Unlawfully Restrained

The Supreme Court clarifies that habeas corpus requires unlawful restraint of liberty, not merely a dispute over custody of an elderly relative.

Overload Pay and 13th Month Pay: Defining Basic Salary in Philippine Labor Law

The Supreme Court clarifies whether teaching overload pay forms part of basic salary for 13th month pay computation under Philippine law.

Falsification of Daily Time Records: Upholding Honesty in Public Service

The Supreme Court reinstated the Ombudsman's ruling that falsifying daily time records constitutes dishonesty, even without proof of malice or damage.

Litigating as an Indigent: Docket Fees, Forum Shopping, and Contempt in Philippine Courts

The Supreme Court clarifies indigent litigant rules, forum shopping certification, and contempt in Tokio Marine v. Valdez.

Bribery and Abuse of Authority When Recanted Testimony Fails to Sway the Court

Supreme Court affirms bribery and graft convictions despite recanted testimony, explaining why retractions rarely overturn convictions.

Amendment of Pleadings, Family Home Protection, and the Perils of Procedural Shortcuts

A Supreme Court ruling on partition, indirect contempt procedure, and the automatic constitution of the family home under the Family Code.

Fraudulent Land Acquisition Titles Obtained Through Deceit Lack Indefeasibility

Land titles obtained through fraud are void and do not gain indefeasibility. Philippine law protects true owners from deceitful schemes.