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Showing 12145–12168 of 19,284 articles for “eme”

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Franchise Tax Obligations During Suspended VAT Implementation

When the Supreme Court suspends a tax law's implementation, old tax rules continue to apply. This case explains why.

Upholding Judicial Integrity: The Consequences of Disobeying Court Orders

In Gaspar v. Judge Adaoag, the Supreme Court fined a judge P10,000 for deciding a case while suspended, stressing that its orders must be obeyed fully.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Forum Shopping and Procedural Rules: Lessons from Estrera v. Demecillo

Learn how the Supreme Court clarified forum shopping rules, procedural deadlines, and due process in Estrera v. Demecillo.

Court Interpreter Cleared of Administrative Charges for Lack of Evidence

Supreme Court dismisses administrative complaint against court interpreter, stressing complainant's burden of proof in administrative cases.

Res Judicata in Philippine Courts: When Substantial Justice Overrides Procedural Bars

The Supreme Court explains when res judicata may yield to substantial justice, using De Leon v. Balinag as a guide.

Judicial Conduct and Mental Fitness: Ensuring Impartiality on the Bench

Philippine Supreme Court affirms removal of judge with mental unfitness and belief in "dwendes," citing judicial detachment.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

Reconstitution of Title: An Unsigned Duplicate Owner's Copy Is Not Enough

Philippine Supreme Court rules that an unsigned, unauthenticated owner's duplicate of a title cannot support judicial reconstitution under RA 26.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

Illegal Recruitment: The Fine Line Between Referral and Criminal Activity

When does helping a neighbor find overseas work become illegal recruitment? The Supreme Court clarifies the line in this 2006 ruling.

Probation and Electoral Eligibility: Resolving Conflicts Between the Probation Law and Local Government Code

The Supreme Court clarifies that probationers who have not served their sentence are not disqualified from running for local office under the Local Government Code.

Employee Dismissal for Refusal to Work Requires Concrete Proof and Due Process

Philippine Supreme Court rules that dismissing employees for alleged refusal to work needs solid evidence and proper notice, not just accusations.

Equitable Mortgage Prevails Protecting Borrowers From Disguised Loan Agreements

Just Compensation in Expropriation: Fair Market Value and the Role of Commissioners' Reports

Philippine Supreme Court clarifies how courts must determine just compensation in expropriation cases, and the proper weight of commissioners' reports.

Substandard Deliveries in Government Contracts: When Penalties Apply

A Supreme Court ruling clarifies when a milling contractor can be held liable for substandard rice deliveries under government contracts.

Balancing Free Speech and Reputation: Defining Libel in Philippine Journalism

A look at how the Supreme Court defined the line between press freedom and libel in a landmark 2006 case.

Management Prerogative vs Employee Rights: The Limits of Promotion Decisions

When does a supervisor's recommendation bind management? The Supreme Court clarifies the limits of management prerogative in promotion decisions.

Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release

Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.