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Showing 14809–14832 of 19,289 articles for “eme”

Sheriff's Duty on Execution Expenses: Proper Handling of Funds and Court Orders

A sheriff's failure to follow Rule 141 procedures for execution expenses and implement demolition orders results in administrative liability.

Upholding Seafarer Rights: Vessel Use Change Does NOT Void Employment Contracts

Supreme Court rules a vessel's change from overseas to coastwise use does not invalidate a seafarer's employment contract or the manning agent's liability.

Dying Declarations and Juvenile Offenders: Defining Justice in Rape with Homicide Cases

The Supreme Court affirms a rape-with-homicide conviction based on a dying declaration but spares a 15-year-old from death.

Foreclosure Sales: Strict Compliance With Publication Requirements

When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.

Cyber Libel Prescription: One Year from Discovery, Not Publication

The Supreme Court clarifies that cyber libel prescribes in one year from discovery, not publication, and settles the doctrinal value of unsigned resolutions.

Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession

Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.

Kidnapping for Ransom Conviction Affirmed: The Law on Conspiracy and Death of an Accused

The Supreme Court affirms kidnapping-for-ransom convictions, explains conspiracy, and clarifies that an accused's death extinguishes criminal and civil liability.

Escrow Orders Protecting Property Rights Pending Litigation in the Philippines

Philippine courts may issue escrow orders to protect property rights during litigation. Learn the rules, requirements, and practical implications.

Bank Negligence Bars Recovery: Solutio Indebiti and Unjust Enrichment in Check Clearing Errors

Supreme Court rules banks cannot recover funds lost to their own gross negligence in check clearing, explaining solutio indebiti and unjust enrichment.

When a Judge's Private Misconduct Becomes a Public Offense: The Aranas Case

The Supreme Court dismissed a judge for an extramarital affair and suspended him from law practice, clarifying ethical standards for judges and lawyers.

Quasi-Delict Liability in Vehicular Accidents: When Negligence and Vicarious Responsibility Override Defenses

Supreme Court affirms insurer's subrogation claim, holding driver negligent and employer vicariously liable for damages in vehicular accident.

Rape Conviction Upheld on Credible Testimony Despite Lack of Medical Evidence

The Supreme Court affirmed a rape conviction based on the victim's credible testimony and threats, showing that medical evidence is not required to prove the crime.

Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits

The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.

Reconstitution of Lost Title: Court Clarifies Burden of Proof Under RA 26

Supreme Court clarifies the rules on judicial reconstitution of lost titles, emphasizing the order of sources and burden of proof under RA 26.

When Court Errors Are Not Misconduct: Lessons from Tallado v. Racoma

The Supreme Court clarifies when a judge's erroneous ruling is a judicial matter, not administrative misconduct, and warns against harassment suits.

Supreme Court Upholds VAT Refund Law for Foreign Tourists

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection and uniform taxation.

Reopening Corporate Disputes: Finality, Fraud, and the Abadilla Case

The Supreme Court clarifies when courts may reopen proceedings, pierce corporate veils, and award damages in intra-corporate disputes.

When Reckless Imprudence Causes Death: Penalties, Contributory Negligence, and Voluntary Surrender

The Supreme Court clarifies penalties for reckless imprudence resulting in homicide, when contributory negligence matters, and why voluntary surrender may not reduce the sentence.

Conditional Sales OF Real Estate Reinstatement Rights Under R A 6552

Surety Bonds and Deficiency Claims: Why Evidence of Demand and Computation Matters

Philippine Supreme Court ruling on suretyship, deficiency claims, and the need for valid demand with clear computation of amounts owed.

Quasi-Delict Liability in Vehicular Accidents: When Negligence Is Proven

A look at a Supreme Court ruling on quasi-delict liability, negligence, and vicarious liability in a vehicular accident case.

Assignment of Lease and Liability for Rental Arrears: A Philippine Supreme Court Ruling

When a lessee assigns a lease, does the assignee inherit unpaid rentals? The Supreme Court clarifies the rules on subrogation and debtor substitution.

Workplace Misconduct and Immorality: Defining Acceptable Behavior in the Philippine Judiciary

A Supreme Court ruling reminds court personnel that smoking or vaping inside court premises is a punishable offense, even when the photo evidence is unclear.

Reconstitution of Lost Titles: SC Clarifies Evidence Rules Under RA 26

Supreme Court clarifies standards for judicial reconstitution of lost certificates of title, applying Republic Act No. 26 and Bercede guidelines.