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Showing 12889–12912 of 19,285 articles for “eme”

Resignation vs Retirement: When Does a Public Officer Truly Leave Office

The Supreme Court explains the difference between resignation and retirement for public officers, and why acceptance matters in Reyes v. Atienza.

Ombudsman's Power to Investigate and Prosecute SAL Violations Under RA 3019

The Supreme Court affirms the Ombudsman's authority to investigate and prosecute public officials for failure to file Statements of Assets and Liabilities.

Probate Publication as Sufficient Notice to Interested Parties

Supreme Court clarifies that publication in probate proceedings binds all interested parties, even those not personally notified.

Estoppel and Foreign Corporations: Can a Philippine Company Deny a Foreign Firm's Right to Sue?

Philippine Supreme Court ruling on when a local company is estopped from questioning a foreign corporation's capacity to sue after contracting with it.

Voiding Land Sales: The Five-Year Restriction on Free Patents in the Philippines

Learn how the Supreme Court ruled on the five-year ban on selling free patent lands, and what it means for landowners and buyers.

Charity vs. Agrarian Reform: Reconciling Conflicting Laws on Land Distribution

Can a charitable institution's property be covered by agrarian reform despite a law banning its sale? The Supreme Court says yes.

Proof of Decree Absence of Evidence Dooms Land Title Petition

In Republic v. Masongsong, the Supreme Court ruled that a petition to replace a lost land decree fails without proof the decree ever existed.

Balancing Procedural Rules and Substantial Justice: The MRT v. CTA Case

The Supreme Court reminds courts that procedural rules must yield to substantial justice when a litigant is denied a fair chance to present evidence.

Dismissal Upheld Despite Prior Termination When Dishonesty Charges Become Moot

Philippine Supreme Court clarifies rules on project employment, labor-only contracting, and due process in illegal dismissal cases.

When Courts Must Relax Procedural Rules: The MRT Tax Case and the Right to Present Evidence

The Supreme Court ruled that courts must liberally apply procedural rules to give litigants every opportunity to present their case on the merits.

Taxpayer Standing to Challenge Government Spending: Jumamil v. Cafe

The Supreme Court clarifies when taxpayers may challenge local government spending and the limits of declaratory relief in Jumamil v. Cafe.

Limits to Free Speech When Attorney Conduct Turns Unprofessional

A lawyer's free speech in pleadings has limits. The Supreme Court suspends a counsel for offensive language against opposing counsel.

Psychological Incapacity: Abandonment and Infidelity Alone Insufficient for Marriage Nullity

The Supreme Court clarifies that abandonment, infidelity, and even bigamy do not automatically prove psychological incapacity under Article 36 of the Family Code.

When Courts Must Relax Procedural Rules to Prevent Injustice

The Supreme Court reminds courts that procedural rules serve justice, not frustrate it, in a tax case where a taxpayer was barred from presenting evidence.

Implied Lease Renewal vs. Contractual Obligations: Rivera v. Roman

When does continued possession after a lease expires create an implied renewal? The Supreme Court clarifies the rules in Rivera v. Roman.

When a Response to a Request for Admission Is Not Required: DBP v. Canadalla-Go

The Supreme Court clarifies when a party need not respond to a request for admission and when an unsworn response may be excused.

Protecting Trademarks: The Balance Between Brand Identity and Business Operations

The Supreme Court clarifies when preliminary injunctions may issue in trademark cases, balancing brand protection against business disruption.

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Good Faith and Due Diligence When Lawyers Rely on Official Records

When can a lawyer rely on official receipts without facing disciplinary action? The Supreme Court explains the limits.

Judicial Accountability: The Price of Disregarding Court Directives

When a judge ignores orders from the Office of the Court Administrator, the Supreme Court steps in. This case shows why compliance matters.

Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.

Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions

Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.

Large-Scale Illegal Recruitment: When Conspiracy and Acts of Participation Establish Guilt

The Supreme Court explains when a person who did not collect fees can still be liable for large-scale illegal recruitment through conspiracy.

Supreme Court Upholds VAT Refund Law for Foreign Tourists Against Equal Protection Challenge

The Supreme Court upheld the constitutionality of the VAT refund law for non-resident foreign tourists, ruling that the classification rests on substantial distinctions.