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Showing 11209–11232 of 19,283 articles for “eme”

Quasi-Delict Liability in Vehicular Accidents: When the Owner Answers for the Driver's Negligence

Learn when a vehicle owner is liable for the driver's negligence under Philippine quasi-delict law, citing a recent Supreme Court ruling.

Dacion en Pago: When It Extinguishes a Loan and When It Does Not

The Supreme Court clarifies when a dacion en pago extinguishes a debt, and when a promissory note liability survives.

Provocation vs Aggression: Distinguishing Mitigating Circumstances in Homicide Cases

The Supreme Court clarifies that a victim's act may not be unlawful aggression for self-defense but can still be sufficient provocation to mitigate homicide.

Territorial Disputes and Preliminary Injunctions: When a Writ Is Not Functus Officio

A preliminary injunction over disputed territory is not functus officio merely because a party later amends its answer. The Supreme Court explains the law-of-the-case doctrine.

Choosing the Right Appeal Route: Lessons from Taguinod v. Court of Appeals

A 2007 Philippine Supreme Court ruling clarifies appeal routes and the burden of proof in agrarian reform cases involving homestead patents.

Intrafamilial Rape and the Erosion of Parental Authority: Lessons from People v. Ceballos Jr.

The Supreme Court affirms that a father's grave abuse of authority in raping his daughters erodes parental trust and warrants the heaviest penalties.

Ombudsman's Power to Dismiss Erring Public Officials: A Clarified Doctrine

Explaining the Supreme Court ruling that the Ombudsman can directly dismiss erring public officials, not just recommend it.

Surety Bound When Invoking Jurisdiction Estops Later Challenges In Construction Disputes

When a surety invokes CIAC jurisdiction to dismiss a court case, it cannot later challenge that jurisdiction. Learn the rule from this Supreme Court ruling.

Upholding Probable Cause Safeguarding Public Funds AND Preventing Corruption IN Government Projects

The Supreme Court upholds the Ombudsman's finding of probable cause against a state college president for malversation and graft, reinforcing accountability in public fund use.

Double Sale Doctrine, Good Faith Registration, and Forged Deeds in Philippine Land Disputes

The Supreme Court clarifies when the double sale rule applies and why good faith registration cannot cure a forged deed in land disputes.

Builders in Good Faith: Resolving Land Ownership Disputes and Improvement Rights

Philippine Supreme Court clarifies rights of builders in good faith when land ownership is disputed, applying Civil Code articles on accession.

Perfecting Land Titles: Open, Continuous, and Adverse Possession Since June 12, 1945

Learn how the Supreme Court applied the June 12, 1945 possession rule in land registration, citing Republic v. Consunji.

Mootness in Corporate Mergers: SSS Investment Disposition Examined

When a corporate merger dissolves the subject shares, a case over their sale becomes moot. The Supreme Court explains.

Court Stenographers Must Transcribe on Time and Guard Unofficial Transcripts

A Supreme Court ruling on a stenographer's delayed and unofficial transcript clarifies the 20-day rule and accountability standards.

When Attorney Neglect Leads to Disbarment: Upholding Client Trust and Competence

The Supreme Court disbarred a lawyer whose repeated failure to file appeal briefs cost his client millions, underscoring a lawyer's duty of competence and diligence.

Trade Union Centers Cannot Directly Create Local Chapters: Clarifying Labor Organization Legitimacy

Supreme Court rules trade union centers cannot directly charter local chapters, clarifying registration requirements under Philippine labor law.

Finality of Judgments and Due Process in Dropping Government Employees for Mental Incapacity

When can a government employer drop an employee for mental incapacity? The Supreme Court clarifies the two-notice rule and due process requirements.

When Foreclosure Becomes Inevitable: Understanding the Limits of Injunctive Relief

A Supreme Court ruling clarifies when courts cannot stop a government bank's foreclosure, and why a completed sale makes an injunction pointless.

Trademark Rights vs Registration: Resolving Unfair Competition Claims

The Supreme Court clarifies how trademark registration and actual use affect unfair competition claims under the Intellectual Property Code.

Security Deposit Forfeiture and Lease Improvements: The Florentino v. Supervalue Ruling

The Supreme Court limits security deposit forfeiture in lease contracts and clarifies when lessees may claim reimbursement for improvements.

Mental Capacity and Employment: Protecting Employees From Unjust Dismissal

When can an employer drop a worker for mental incapacity? The Supreme Court clarifies the rules and due process requirements.

Positive Identification and Witness Credibility in Murder Cases: Why Trial Court Assessment Matters

In People v. Bustamante, the Supreme Court affirmed a murder conviction, ruling that delayed witness identification and minor inconsistencies do not destroy credibility.

Equitable Reduction of Penalties in Lease Agreements: Balancing Contractual Freedom and Fairness

Supreme Court rules that courts may reduce unconscionable penalties in lease contracts, ordering return of 50% of forfeited security deposits.

Chain of Custody in Drug Cases: Why Unbroken Evidence Integrity Matters

Philippine Supreme Court acquits drug suspect over broken chain of custody, stressing the need to prove the seized drugs' identity beyond reasonable doubt.