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Showing 11353–11376 of 19,283 articles for “eme”

Reconstitution of Lost Titles: Supreme Court Clarifies Standards in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies rules on reconstitution of lost certificates of title, balancing strict compliance with practical realities of destroyed land records.

Tax Refund Claims Strict Compliance Prevails Over Liberal Interpretation

The Supreme Court affirms that tax refund claims require strict compliance with the written claim requirement, rejecting liberal interpretation.

Habeas Corpus and Deportation: When Courts Overstep Immigration Authority

A Supreme Court ruling on when courts may not interfere with Bureau of Immigration deportation orders through habeas corpus petitions.

Clerk of Court Liability for Lost Evidence: Custody Duties Explained

When a clerk of court loses evidence in his custody, the Supreme Court clarifies administrative liability for unauthorized transfers.

Psychological Incapacity in Marriage Nullity: Burden of Proof and Evidence Rules

Philippine Supreme Court clarifies psychological incapacity evidence rules under Article 36 Family Code, including burden of proof and expert testimony requirements.

Just Compensation in Agrarian Reform: The Mandatory DAR Valuation Formula

Philippine Supreme Court ruling on just compensation in agrarian reform, explaining why courts must apply the DAR valuation formula under RA 6657.

Just Compensation in Agrarian Cases: Courts Must Follow DAR Valuation Formula

Philippine Supreme Court reminds courts that just compensation in agrarian reform cases must follow the DAR formula, not merely adopt neighboring land prices.

Rape Conviction Upheld: Intimidation and Consent in Familial Abuse Cases

Philippine Supreme Court clarifies how intimidation works in rape cases involving family members, upholding a brother-in-law's conviction for two counts of qualified rape.

Presidential Authority and Government Reorganization Scope and Limitations

The Supreme Court affirms the President's broad power to reorganize executive departments, citing constitutional control, statutory grants, and good faith requirements.

Absence Without Official Leave: Upholding Public Service Standards in the Philippines

Explaining the Supreme Court ruling in Palecpec v. Davis on AWOL, dropping from rolls, and public service accountability.

Forcible Entry vs Accion Publiciana: Key Distinctions in Philippine Property Law

The Supreme Court clarifies the distinctions between forcible entry and accion publiciana in Regis v. Garcia, emphasizing proper remedies and procedural rules.

Prior Possession vs Ownership: Resolving Property Disputes in the Philippines

Philippine Supreme Court clarifies the distinction between forcible entry, accion publiciana, and accion reivindicatoria in property disputes.

Lowest Bidder Rights: When a Bidder Is Entitled to a Government Contract

The Supreme Court clarifies that being the lowest bidder does not automatically entitle a bidder to a government contract award.

Binding Counsel's Negligence: Finality of Judgments and Limits to Annulment

A client is bound by counsel's negligence, and a final judgment cannot be attacked through annulment when other remedies were available.

Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina

A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.

Establishing Landlord-Tenant Relationship: The Core of Ejectment Suits in the Philippines

A landlord-tenant relationship is essential in ejectment cases. The Supreme Court explains who may file an unlawful detainer suit.

Administrative vs Criminal Liability: Why Dismissal of One Does Not Dismiss the Other

A single act can trigger both administrative and criminal cases. The Supreme Court explains why dismissal of one does not automatically end the other.

Buy-Bust Operations and Chain of Custody: Ensuring Integrity in Drug Sale Convictions

A 2007 Supreme Court ruling affirms that a consummated drug sale and the credible testimony of arresting officers can sustain a conviction under R.A. No. 9165.

Accountability Under the Law: Examining Guilt in Robbery With Physical Injuries Cases

A Supreme Court ruling clarifies when a bystander becomes a co-principal in robbery with physical injuries, and the limits of conspiracy.

Ombudsman vs CSC: Who Sets Qualification Standards for Constitutional Offices

Supreme Court ruling on whether the CSC or the Ombudsman sets qualification standards for Director II positions in the Office of the Ombudsman.

Ombudsman's Independence: Defining CSC's Authority Over Internal Appointments

Supreme Court ruling on the Ombudsman's power to set qualification standards for its own personnel, limiting CSC's role.

Waiver of Contractual Conditions in the Philippines: Lessons from Gonzales v. Lim

Learn when a party waives a contractual condition under Philippine law, based on the Supreme Court's ruling in Gonzales v. Lim.

Disproving Forgery: Standards for Signature Comparison in Philippine Law

Philippine Supreme Court clarifies standards for comparing signatures to prove forgery, emphasizing timing, genuine specimens, and burden of proof.

Hierarchy of Courts and Exhaustion of Remedies: The Indispensable Steps Before Seeking Certiorari

Learn why a motion for reconsideration and the hierarchy of courts rule are mandatory before filing a Rule 65 certiorari petition.