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Showing 11089–11112 of 19,283 articles for “eme”

Proving Agricultural Tenancy Rights: Key Lessons from Fuentes v. Caguimbal

The Supreme Court clarifies that claiming to be a tenant is not enough—all elements of agricultural tenancy must be proven with evidence.

Fraudulent Land Registration and the Four-Year Prescription Period for Reconveyance Actions

Philippine Supreme Court clarifies when the four-year prescriptive period for reconveyance actions begins, using Sixto Antonio v. Santos as guide.

Fire Damage Liability and Res Ipsa Loquitur in Philippine Lease Disputes

Philippine Supreme Court ruling on lessee liability for fire damage, res ipsa loquitur, and temperate damages in lease disputes.

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.

Ejectment Cases: When Tenancy Claims Do Not Strip Courts of Jurisdiction

The Supreme Court clarifies that raising a tenancy defense in ejectment cases does not automatically divest courts of jurisdiction over possession disputes.

Salary Withholding: Balancing Government Interest and Employee Rights in Philippine Law

Philippine Supreme Court clarifies when the government may withhold a public employee's salary for an alleged cash shortage, and when it cannot apply it to the debt.

Forum Shopping Dismissal of Land Registration Application Over Larger Properties

When does opposing a land registration application become forum shopping? The Supreme Court clarifies the rule in Calinisan v. Court of Appeals.

Genuine Sale vs Equitable Mortgage: When a Deed of Sale Stands in Land Disputes

The Supreme Court clarifies when a deed of sale is genuine and not an equitable mortgage, and how buyers in good faith are protected in land disputes.

Probate Jurisdiction and Due Process in Will Allowance: Nittscher v. Nogales

The Supreme Court clarifies probate jurisdiction, forum-shopping rules, and due process in allowing holographic wills and issuing letters testamentary.

Upholding Possessory Rights Ejectment Suit Jurisdiction Prior Possession

Philippine Supreme Court ruling on ejectment jurisdiction, prior possession, and why a defendant's claim of ownership cannot defeat an unlawful detainer suit.

Positive Identification Over Alibi Upholds Conviction in Double Murder Case

Supreme Court affirms double murder conviction, ruling that positive identification by eyewitnesses prevails over alibi and denial.

Treachery Defined: Upholding Justice Despite Claims of Self-Defense in Homicide Cases

The Supreme Court explains when treachery qualifies a killing as murder, and why a self-defense claim failed in a fatal stabbing.

Retroactivity of Remedial Laws: Fresh 60-Day Period in Certiorari Petitions

Philippine Supreme Court explains why curative procedural rules apply retroactively, giving litigants a fresh 60-day period to file certiorari petitions.

Upholding Labor Standards THE Secretary OF Labors Enforcement Powers AND Employee Rights TO Monetary Claims

Who Can Nullify a Bigamous Marriage? The Supreme Court's Answer

The Supreme Court rules that only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage—not the guilty party.

Authority and Accountability: When a Project Manager's Sign-Off Binds the Owner in Construction Disputes

A project manager's approval of time extensions can bind the owner. Learn the rules from this Philippine Supreme Court case.

Safeguarding Due Process Understanding Formal Investigation in Philippine Attorney Disciplinary Cases

Learn how the Supreme Court upholds due process in administrative cases against court personnel, using a sheriff's suspension as a key example.

Piercing the Corporate Veil: Name Change vs. Corporate Identity in Insurance Claim Execution

When can a judgment be enforced against a corporation that merely shares a name with the judgment debtor? The Supreme Court clarifies the distinction between a name change and corporate identity.

Protecting the Vulnerable: The Crime of Rape and the Importance of Victim Testimony

A 2007 Supreme Court ruling on rape underscores how victim testimony is weighed and why DNA evidence can prove decisive in appeals.

Partnership Disputes: Fiduciary Duties, Equitable Remedies, and the Right to Present Evidence

Supreme Court ruling on partnership disputes, fiduciary duties, equitable remedies, and the prosecution's right to present evidence in criminal cases.

Reversion Suit Barred: Protecting Land Titles From Delayed Government Action

Learn how the Supreme Court protects registered land titles from belated government reversion suits, ensuring stability and security of land ownership.

Dragnet Clauses in Mortgages: When Future Debts Are Secured Beyond the Initial Loan

Philippine Supreme Court explains how dragnet clauses in real estate mortgages cover future debts, and what borrowers must pay to redeem foreclosed property.

When Courts and the DARAB Both Have a Say: Fishponds, Tenancy, and Jurisdiction

The Supreme Court clarifies how R.A. 7881's exclusion of fishponds from CARP affects tenancy rights and DARAB jurisdiction.

Holiday Pay Divisor Method Prevails Over Literal CBA Interpretation

Supreme Court rules employers may prove holiday pay inclusion through salary computation methods, not just payroll line items.