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Showing 5713–5736 of 19,293 articles for “eme”

Simulated Contracts: When a Deed of Sale Isn't Really a Sale

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Tanchuling v. Cantela as a guide.

Due Process in Membership Termination: The Imperative of Proper Notice in Non-Stock Corporations

Supreme Court ruling on Valley Golf clarifies that terminating a non-stock corporation membership requires proper notice under substantial justice principles.

Corporate Stock Transfers: Why Registration in Corporate Books Is Mandatory

Philippine Supreme Court clarifies that unregistered stock transfers do not confer stockholder rights like voting or calling meetings.

Upholding Integrity: Attorney Liability for Altered Notarial Documents

A lawyer who alters a notarized document without proper safeguards faces suspension and loss of notarial commission, as ruled by the Supreme Court.

Incestuous Rape: Upholding Parental Moral Ascendancy and Protecting Minor Victims

Philippine Supreme Court affirms rape conviction of a father figure, clarifying force, minority as aggravating circumstance, and damages.

Open Space vs Private Property: Resolving Subdivision Land Disputes in the Philippines

Supreme Court ruling on when subdivision open spaces remain private property, and the limits of homeowners' claims over them.

Writ of Possession: Absolute Right After Ownership Consolidation

Foreclosure buyers gain an absolute right to possession once title consolidates. The Supreme Court explains the limits of appeals and stay orders.

Breach of Trust When Employee Disloyalty Justifies Termination in the Philippines

When does employee disloyalty justify termination? The Supreme Court explains breach of trust doctrine in Philippine labor law.

Compromise and Complicity: How Settlement With One Party Affects Liability of Others in Securities Fraud

Philippine Supreme Court ruling on whether settling with one defendant in a securities fraud case extinguishes liability of other alleged co-conspirators.

Chain of Custody in Drug Cases: What People v. Dalawis Teaches

The Supreme Court explains when lapses in Section 21 drug evidence rules do not void a conviction.

Upholding Ethical Standards: University's Right to Transfer Faculty for Breaches of Professional Ethics

When can a university transfer a professor for ethical lapses? The Supreme Court clarifies management prerogative versus constructive dismissal.

When a Transfer Is Not Constructive Dismissal: The Manalo Case

Learn when a faculty transfer is valid management prerogative and not constructive dismissal, from the Supreme Court's Manalo ruling.

When Court Errors Are Not Administrative Cases: The Tallado v. Racoma Ruling

The Supreme Court clarifies when a judge's error is a judicial matter, not an administrative offense, in Tallado v. Racoma.

Solidary Liability in Suretyship: Partners' Obligations in Loan Agreements

Philippine Supreme Court ruling on solidary liability of partners and sureties in loan agreements, explained in plain language.

Floating Status of Security Guards: When Return-to-Work Orders Defeat Claims of Constructive Dismissal

The Supreme Court clarifies when specific return-to-work orders prevent a finding of constructive dismissal for security guards on floating status.

Res Judicata Bars Relitigating Membership Disputes in Corporate Law

The Supreme Court clarifies when res judicata prevents corporations from relitigating membership issues already settled in prior cases.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.

Amparo Writ Scope: Extralegal Killings and Enforced Disappearances Only

Supreme Court clarifies the writ of amparo covers only extralegal killings and enforced disappearances, not ordinary threats from private individuals.

Treachery Defined: Ensuring Justice for Victims of Stealth Attacks in the Philippines

The Supreme Court explains treachery in murder cases, ruling that killing a sleeping victim with a bolo qualifies as treachery.

Possession Follows Ownership: Enforcing Writs After Foreclosure

A Supreme Court ruling clarifies that a writ of possession is a ministerial duty once title is consolidated, even against third-party claimants.

Land Registration Jurisdiction: When Full Trial Beats Summary Proceedings

Philippine Supreme Court clarifies when land registration cases need full trial instead of summary proceedings under PD 1529.

Supreme Court: Selling Pirated Software Alone Is Copyright Infringement

The Supreme Court rules that merely selling pirated software constitutes copyright infringement under PD 49, reversing the Court of Appeals' restrictive reading.

Conflicting Medical Reports: When a Seafarer Gets Full Disability Benefits

Philippine Supreme Court rules on conflicting company doctor reports, entitling seafarer to full permanent disability benefits under POEA-SEC.

Mootness in Military Justice: When Court Martial Acquittals Nullify Legal Challenges

The Supreme Court explains why post-acquittal court martial proceedings render constitutional challenges moot and academic in military justice cases.