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Showing 1129–1152 of 19,247 articles for “eme”

Justice Delayed Is Justice Denied: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court explains when inordinate delay violates the constitutional right to speedy disposition of cases, with practical guidance.

Speedy Disposition Right Prevails Over Six-Year Delay in Fertilizer Fund Scam Case

The Supreme Court ruled that a six-year delay in preliminary investigation violates the constitutional right to speedy disposition of cases, warranting dismissal.

Corporate Officers Criminally Liable for Customs Fraud: Fernandez v. People

Corporate officers cannot hide behind a corporation to escape criminal liability for customs fraud, the Supreme Court ruled in Fernandez v. People.

Dead Incorporator in Articles of Incorporation: When Misrepresentation Is Not Fraud

The Supreme Court clarifies when a deceased incorporator in the Articles of Incorporation warrants revocation, and when amendment suffices.

Nuisance Candidates: Genuine Intention vs Political Viability in Philippine Elections

Supreme Court clarifies that lack of nationwide support or political machinery is not a ground to declare a candidate a nuisance under Section 69 of the Omnibus Election Code.

Attorney Disbarred for Promising Favorable Judgment Through Influence Peddling

The Supreme Court disbarred a lawyer who promised clients a favorable annulment judgment through connections, violating the Code of Professional Responsibility.

When a Lawyer Promises a Fixed Outcome: Disbarment for Influence Peddling and Neglect

The Supreme Court disbarred a lawyer who promised an antedated annulment judgment through connections, violating the Code of Professional Responsibility.

Executive Privilege vs Legislative Oversight: The Senate v. Medialdea Ruling

The Supreme Court dismissed the Senate's petition against the October 2021 Memorandum barring executive officials from Blue Ribbon hearings, citing premature filing.

Extrinsic Fraud and Indispensable Parties: Protecting Property Rights in Philippine Law

A Supreme Court ruling on how failing to implead indispensable parties and extrinsic fraud can void a title.

Bidding Rights Clear Legal Right Required FOR Preliminary Injunction IN Government Contracts

Supreme Court clarifies that prospective bidders lack the clear legal right needed for preliminary injunction in government procurement disputes.

Attorney Conflicts of Interest: When Dual Representation Violates Client Loyalty

Philippine Supreme Court clarifies when a lawyer's dual representation becomes a prohibited conflict of interest under Rule 15.03 of the CPR.

Bidding Rights Prospective vs Actual Bidders and Preliminary Injunctions

Supreme Court clarifies that prospective bidders lack clear legal rights for preliminary injunctions in government procurement disputes.

Building in Bad Faith: When a Landowner's Silence Equals Consent

The Supreme Court clarifies when a landowner's silence and inaction can make them a builder in bad faith under Article 453 of the Civil Code.

Navigating Search Warrants, Witness Presence, and Chain of Custody in Drug Cases

The Supreme Court affirms a drug conviction, clarifying rules on search warrant implementation, witness presence, and chain of custody under RA 9165.

Navigating Search Warrants Ensuring Rights AND Proper Procedure IN Drug Cases

The Supreme Court affirms a drug conviction, showing how proper search warrant implementation and strict chain of custody lead to lawful seizure.

Upholding Decorum: Court Employee Dismissed for Gross Misconduct and Insubordination

The Supreme Court dismissed a court stenographer for repeated gross misconduct and insubordination, underscoring strict decorum standards for judiciary personnel.

Candidate Eligibility: No Automatic Disqualification for Unpaid Taxes Absent Express Court Order

Supreme Court clarifies that unpaid taxes do not automatically disqualify a candidate absent an express penalty in a final court judgment.

Safeguarding Justice: Private Parties' Right to Question Criminal Judgments

The Supreme Court clarifies when private offended parties may question criminal judgments and acquittals in the Philippines.

Taxing Transit: LRTA Exemption and the Public Good

The Supreme Court ruled the Light Rail Transit Authority is a government instrumentality exempt from real property tax, resolving conflicting rulings.

Private Complainants and the Right to Appeal: Harmonizing Jurisprudence in Criminal Cases

The Supreme Court clarifies when private complainants may question acquittals or dismissals in criminal cases, and when only the OSG may act.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Circumstantial Evidence and Dying Declarations in Rape-Homicide Convictions

How the Supreme Court upheld a rape-homicide conviction using circumstantial evidence and the victim's dying declaration.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Estate vs Trustee: Intestate Courts Cannot Decide Ownership Disputes

Philippine Supreme Court clarifies that intestate courts lack jurisdiction to adjudicate ownership of properties claimed by third parties under adverse title.