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Showing 18097–18120 of 19,292 articles for “eme”

Security of Tenure for Tenant Farmers: Upholding Leasehold Rights in the Philippines

The Supreme Court reaffirmed tenant farmers' security of tenure, ruling that land sale does not extinguish agricultural leasehold rights.

Execution Pending Appeal: Understanding When Philippine Courts CAN Order Immediate Payment

Learn when Philippine courts may allow execution pending appeal, the "good reason" requirement, and why financial distress alone is not enough.

When Acts of God Disrupt Travel: Airline Liability for Flight Delays in the Philippines

Philippine Supreme Court ruling on airline liability for passenger expenses during flight delays caused by force majeure, like the Mt. Pinatubo eruption.

Integrity in the Judiciary: Why Honesty in Your Judicial Application Matters

A judge concealed a pending criminal case in his application to the Judicial and Bar Council. The Supreme Court dismissed him for dishonesty, underscoring that candor is a non-negotiable qualification

The Power of a Single Eyewitness Testimony in Philippine Robbery With Homicide Cases

How one credible eyewitness can convict in robbery with homicide, explained through a 1998 Supreme Court ruling.

Philippine Legal Interest on Loans: When Does 12% Apply? Villanueva v. CA Explained

Learn when 12% legal interest applies to unpaid loans in the Philippines, based on the Supreme Court's ruling in Villanueva v. Court of Appeals.

Personal Service IS Priority: Understanding Mandatory Pleading Service in Philippine Courts

The Supreme Court clarifies when personal service of pleadings is mandatory under Section 11, Rule 13, and what happens when lawyers skip it.

Stock Pledge in the Philippines: When Can a Pledgee Demand Ownership and Stock Transfer

Philippine Supreme Court ruling on when a pledgee of shares can demand stock transfer and ownership rights under a contract of pledge.

Treachery in Philippine Criminal Law: Understanding Intent and Defenseless Victims

The Supreme Court explains treachery, conspiracy, and self-defense in a murder case involving three brothers who shot an unarmed victim.

Safeguarding Due Process: COMELEC's Jurisdiction in Philippine Election Cases

The Supreme Court nullified a COMELEC en banc resolution for violating due process and the constitutional rule that election cases be decided by division.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Upholding Judicial Impartiality: Timely Case Resolution and Ethical Conduct Matter

The Supreme Court affirms Sandiganbayan's lifting of sequestration orders, underscoring strict compliance with PCGG rules and constitutional time limits.

Sequestration Orders in the Philippines: Validity Rules and Timely Legal Action

Philippine Supreme Court clarifies when sequestration orders are valid, how PCGG rules apply, and the constitutional deadline for judicial action.

Can Labor Cases Be Decided Solely on Position Papers? Understanding Due Process in Philippine Labor Disputes

The Supreme Court explains when labor arbiters may decide cases based only on position papers without trial, and what due process requires.

Rape Conviction Upheld: The Importance of Credibility in Sexual Assault Cases

The Supreme Court affirms a stepfather's four rape convictions, underscoring how trial courts assess witness credibility in sexual assault cases.

When Words Fail and Knives Speak: Self-Defense and Homicide in Philippine Law

A Supreme Court ruling clarifies when self-defense fails, how accomplices differ from principals, and why a heated argument defeats treachery.

Victim Testimony in Philippine Rape Cases: Supreme Court Upholds Conviction Despite Assailant's Flight

Supreme Court affirms rape conviction and death penalty even after accused flees trial, citing credible victim testimony and flight as evidence of guilt.

Final Judgment Is Final: Understanding Annulment of Judgment in the Philippines

When can a final criminal judgment be annulled? The Supreme Court explains the limits of annulment of judgment and due process.

Missed Pre-Trial and Default Orders: What Victory Liner v. Viron Means for Businesses

Philippine Supreme Court explains when missing a pre-trial can lead to default orders and why businesses must ensure proper representation.

Selling Inherited Property During Probate: What Heirs Should Know

Can an heir sell inherited property while probate is pending? The Supreme Court explains when court approval is needed and when it is not.

Independent Contractor vs Labor-Only Contracting: Key Differences and Employer Responsibilities in the Philipp

Learn the legal distinction between independent contractor and labor-only contracting, and the employer responsibilities that follow, based on a 1998 Supreme Court ruling.

Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell

Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.

When Self-Defense Fails: Understanding Burden of Proof in Philippine Criminal Law

A Supreme Court ruling explains why accused persons claiming self-defense must prove it, and how courts assess such claims.

When Does a New Agreement Override an Old One? Philippine Contract Law Explained

Philippine Supreme Court explains when a later agreement novates an earlier contract, and when both documents must be read together.