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Showing 4441–4464 of 19,292 articles for “eme”

Supreme Court Fines Disbarred Lawyer for Neglect of Client Duties

The Supreme Court fined a disbarred lawyer P40,000 for neglecting clients after accepting P350,000 in fees, ruling no double disbarment applies.

Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged

Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.

Company-Designated Physician's Fitness Declaration Prevails in Seafarer Disability Claims

Supreme Court rules company-designated physician's fit-to-work assessment binds seafarer unless properly disputed under POEA-SEC procedure.

Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act

The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.

Right of Way vs Contractual Obligations: Enforcing Compromise Agreements in Property Development

Philippine Supreme Court clarifies when courts may review factual findings and how contractual penalties are reduced in breach cases.

Breach of Contract: Defining Scope of Work and Assessing Damages in Construction Agreements

Philippine Supreme Court clarifies how to define scope of work and compute damages when a contractor breaches a construction agreement.

Contractual Negligence: Defining the Scope of Liability in Service Agreements

A Supreme Court ruling on surety bonds clarifies when a contractor's breach triggers full liability, and how compensation applies.

Protecting Land Ownership: The Limits of Good Faith in Real Estate Transactions

The Supreme Court clarifies when a buyer of registered land cannot claim good faith, protecting true owners from fraud.

Seafarers' Disability Claims: Proving Work-Relatedness and Compensability

The Supreme Court clarifies the distinction between work-relatedness and compensability in seafarers' disability claims under the 2000 POEA-SEC.

Lack of Price Certainty: How Indefinite Terms Can Invalidate a Real Estate Sale

Indefinite terms like an uncertain price can void a real estate sale. Learn the rules from a recent Supreme Court ruling.

Ombudsman's Discretion Upheld in Dismissing Graft Charges Absent Concrete Evidence

Supreme Court affirms Ombudsman's dismissal of graft charges against Nueva Ecija officials, citing lack of probable cause and procedural finality.

Rehabilitation Denied: The Imperative of Financial Viability in Corporate Recovery

Philippine Supreme Court ruling clarifies that corporate rehabilitation requires proven financial viability, not just creditor payment delays.

Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust

The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.

Credibility of Eyewitness Testimony in Rape Cases Despite Inconsistencies in Time

Philippine Supreme Court affirms rape conviction based on credible victim testimony, clarifying that exact dates need not be precise.

Regular Employment vs Independent Contractor: The Control Test in Philippine Labor Disputes

The Supreme Court clarifies when construction workers are regular employees, not independent contractors, using the four-fold test and control test.

Dying Declarations and Abuse of Superior Strength: Homicide, Not Murder, in People v. Santillan

The Supreme Court clarifies when a dying declaration is admissible and when numerical superiority does not amount to abuse of superior strength.

DARAB Overreach: Examining the Limits of Administrative Authority in Agrarian Disputes

The Supreme Court rules that DARAB cannot issue writs of certiorari, as administrative agencies lack judicial power.

Establishing Paternity in Support Cases: Protecting Children's Rights to Filiation and Support

Philippine Supreme Court clarifies that mothers may file support cases directly, with paternity issues resolved within the same proceedings.

When a Judge's Business Dealings Amount to Conduct Unbecoming a Judge

The Supreme Court fined a judge P5,000 for selling rice to court employees, ruling it violated judicial conduct rules on financial dealings.

Weighing Medical Opinions: Company Doctors vs Private Physicians in Seafarer Disability Claims

The Supreme Court clarifies when a company-designated physician's findings prevail over a private doctor's assessment in seafarer disability claims.

Chain of Custody and the Integrity of Drug Evidence: Safeguarding Against Tampering

When only a miniscule amount of drugs is seized, strict chain of custody compliance is required. The Supreme Court explains why.

Hierarchy of Courts and Locus Standi When Constitutional Issues Override Procedural Rules

Explaining when the Supreme Court allows direct petitions despite the hierarchy of courts and relaxed standing rules in constitutional cases.

Curfew Laws and Minors' Rights: Balancing State Protection and Individual Freedoms

The Supreme Court upholds juvenile curfew ordinances in Quezon City, Manila, and Navotas, balancing state protection with minors' rights.

PD 242 and Intra-Government Tax Disputes: Who Decides When BIR Faces Another Agency?

Supreme Court clarifies that PD 242 governs disputes solely between government entities, giving the DOJ Secretary jurisdiction over BIR-PSALM VAT cases.