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Showing 5185–5208 of 19,292 articles for “eme”

Proportionality in Dismissal: Balancing Employee Misconduct and Length of Service

When is dismissal too harsh a penalty? The Supreme Court explains the rule of proportionality in labor cases.

Lawyer Suspended for Abusive Language in Demand Letter: A Lesson in Professional Conduct

The Supreme Court suspends a lawyer for using abusive, offensive language in a demand letter, reaffirming Rule 8.01 of the CPR.

Caveat Emptor: The Risk Borne by a Buyer in Bad Faith in Property Transactions

A buyer who fails to verify a seller's title bears the loss. The Supreme Court explains caveat emptor and bad faith in Ranara v. De Los Angeles.

Ethical Boundaries: Lawyers' Duty to Avoid Abusive Language in Professional Dealings

The Supreme Court reminds lawyers that demand letters must remain respectful, not abusive or defamatory, under Rule 8.01 of the CPR.

Lawyer Suspended for Taking Client Funds Without Securing US Visas

A Supreme Court ruling on lawyer discipline shows why attorneys must account for client funds and charge only reasonable fees.

Caveat Emptor in Philippine Real Estate: Why Buyers Must Verify Title Before Purchase

The Supreme Court's Ranara ruling shows why buyers must verify property titles—failure to do so can mean losing both the purchase price and improvements.

Finality of Judgment and Contempt: Disbarred Lawyer's Post-Decision Maneuvers Rejected

Supreme Court denies disbarred lawyer's bid to reopen case, cites doctrine of finality, and penalizes defiance with contempt fines and writ of execution.

Rape Conviction Requires Clear Proof of Force and Victim's Age in Statutory Rape Cases

Philippine Supreme Court clarifies proof requirements for rape convictions, distinguishing simple rape from statutory rape and affirming credibility standards.

Bouncing Checks and Due Process: Notice of Dishonor as a Shield Against Liability

The Supreme Court acquits a B.P. 22 accused because the prosecution failed to prove she received the notice of dishonor.

Upholding Attorneys Duty Dismissal OF Baseless Disbarment Complaint

The Supreme Court dismissed a baseless disbarment complaint against a lawyer who correctly rejected a claim based on a void Spanish title, and fined the complainant.

Dividends vs Capital Gains: Taxing Share Redemptions Under the RP-US Treaty

Supreme Court rules on whether share redemption proceeds are dividends or capital gains under Philippine tax law and the RP-US Tax Treaty.

Breach of Trust and Termination: When Is Dismissal Too Harsh in Philippine Labor Law

Philippine Supreme Court clarifies when dismissal for breach of trust is too harsh, and when separation pay may still be awarded.

Rape Conviction Affirmed: Victim Testimony and the Anti-Rape Law in Philippine Courts

Philippine Supreme Court affirms robbery with rape conviction, underscoring the weight of credible victim testimony and the application of anti-rape laws.

Novation Requires Clear Release of Original Debtor: Lessons from Ever Electrical v. PBCOM

When does a new debtor's assumption of a loan release the original borrower? The Supreme Court explains novation rules.

Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints

Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.

Positive Identification Trumps Alibi in Robbery and Rape Convictions

Supreme Court affirms robbery with rape and robbery convictions, ruling positive identification prevails over alibi and denial defenses.

Sheriff Dismissed for Grave Misconduct in Execution Sale: Lessons for Court Personnel

Supreme Court dismisses sheriff for grave misconduct in auction sale irregularities, reinforcing strict compliance with execution rules.

Eminent Domain and Timely Filing: Protecting Landowner Rights to Just Compensation

The Supreme Court clarifies when landowners may still seek judicial determination of just compensation despite missing the 15-day filing period under agrarian reform laws.

Reducing Unconscionable Penalties: The Supreme Court’s Stance on Fair Loan Obligations

The Supreme Court clarifies when penalty charges in loan contracts are unconscionable and may be reduced, balancing creditor rights with debtor protection.

Breach of Trust Accountability for Delayed Remittance of Court Funds

Court personnel who delay remitting collected funds face administrative liability, even after full restitution and retirement.

Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties

Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.

Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law

The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.

Dishonored Checks and Attorney Discipline: Upholding Ethical Standards in the Legal Profession

The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming strict ethical standards for attorneys.

Recognizing Foreign Divorce in the Philippines: Proving the Alien Spouse’s National Law

Philippine courts require proof of both the foreign divorce decree and the alien spouse's national law. Learn the rules from a recent Supreme Court case.