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Showing 12745–12768 of 19,285 articles for “eme”

Double Jeopardy When A Prior Admission Seals Your Fate IN Court

A procedural misstep in filing a petition for review can end a case, but the Supreme Court shows when courts must be lenient.

Court Personnel Accountability: Neglect of Duty and Insubordination by Process Servers

Philippine Supreme Court ruling on process server negligence, insubordination, and the high standard of conduct required of court personnel.

Neglect of Duty and Insubordination in the Judiciary: A Lesson from a Process Server's Suspension

When a court process server repeatedly fails to serve summonses and disobeys orders, the Supreme Court steps in to uphold accountability.

Mortgage Foreclosure and Prescription: The 10-Year Limit on Debt Recovery

Philippine Supreme Court ruling on the 10-year prescription period for mortgage foreclosure actions and strict appeal deadlines.

Probationary Employment and Employer Prerogative: When Clearance Requirements Justify Non-Regularization

Philippine Supreme Court ruling on probationary employment, employer prerogative, and reasonable pre-employment requirements for regularization.

Acts of Lasciviousness Preliminary Investigation Sufficiency and Due Process Rights

Supreme Court clarifies when a preliminary investigation for one offense can support a different charge, and what due process requires.

Price Escalation Clauses in Government Contracts: When Renegotiation Timing Matters

Supreme Court ruling on Creser Precision Systems clarifies how often price escalation can take effect under Philippine government contracts.

When the Prosecutor Files a Different Offense Than the Police: What the Supreme Court Says

The Supreme Court explains why a prosecutor may charge a different offense than what police initially identified—and why no second preliminary investigation is needed.

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Agricultural Leasehold Tenants Rights vs Landowners Share Under Agrarian Reform

Supreme Court ruling on lawful lease rentals, tenant security of tenure, and limits on landowner shares under RA 3844 and RA 6657.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Family Feuds and Final Judgments: When Revival Actions Trump Res Judicata

A Supreme Court ruling clarifies when res judicata bars revival of judgments and how family settlement rules apply.

When Separate Lawsuits Are Not Forum Shopping: The Rule on Splitting a Cause of Action

Philippine Supreme Court clarifies when filing separate cases for different properties is not forum shopping or splitting a cause of action.

Security of Tenure vs. Loss of Trust: Defining Confidential Employees at PAGCOR

Supreme Court ruling on PAGCOR employees' security of tenure, confidential positions, and loss of trust and confidence as grounds for dismissal.

Libel Jurisdiction: Where Does a Case Belong?

Explaining the Supreme Court ruling on libel jurisdiction, venue rules under the Revised Penal Code, and when amendments to informations are allowed.

Forcible Entry: Possession by Tolerance vs. Undue Deprivation Through Force

Philippine Supreme Court clarifies that owners cannot use force to evict occupants, even if possession is by tolerance, without filing the proper ejectment case.

Tolerance Ends Unlawful Detainer: Landowner Rights in the Philippines

A Supreme Court ruling clarifies that courts may provisionally pass on a plaintiff's death in ejectment cases, and tolerated possession ends upon demand to vacate.

Territorial Jurisdiction in Estafa Cases: Where the Crime Must Be Proven

In estafa cases, venue is jurisdictional. The Supreme Court explains why the prosecution must prove where the fraud occurred.

Separate Legal Claims WHY Improper Case Consolidation Violates DUE Process

Why the Supreme Court ruled that separate libel complaints against a publisher cannot be consolidated against one defendant without violating due process.

Ejectment vs Tenancy: When Can a Landowner Evict a Tenant From a Building on Agricultural Land

A tenant on agricultural land may still be evicted from a building on it. The Supreme Court explains why in Ramos v. Stateland.

Indefeasibility of Title: Prior Registration Prevails in Land Ownership Disputes

The Supreme Court clarifies that prior registration and indefeasibility of title prevail over claims of ownership based on unregistered possession.

Employer Liability for Illegal Recruitment Despite Agency Licensing

Philippine Supreme Court rules licensed agency's crewing manager can be liable for large scale illegal recruitment.

When Are Clients Bound by Their Lawyer’s Actions? Philippine Supreme Court Explains

Philippine Supreme Court ruling explains when a client is bound by a lawyer's negligence or refusal to receive court notices.

When Tenancy Claims Don't Oust MTC Jurisdiction Over Unlawful Detainer

Philippine Supreme Court clarifies that raising tenancy as a defense doesn't automatically strip MTC jurisdiction over unlawful detainer cases involving structures.