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Showing 6409–6432 of 19,293 articles for “eme”

The Two-Dismissal Rule and Forum Shopping: Key Lessons from Ching v. Cheng

Philippine Supreme Court clarifies the two-dismissal rule under Rule 17 and warns against forum shopping when refiling dismissed cases.

Duty Free Philippines v. BIR: The Perils of Skipping the CTA En Banc on Appeal

A direct appeal to the Supreme Court from a CTA Division ruling is fatal. Learn the correct appellate route under R.A. 9282.

Loan vs Donation: Proving Intent in Property Disputes

Philippine Supreme Court clarifies when payments for another's property are loans, not donations, and the formal requirements for valid donations.

Execution Pending Appeal and Surety Liability: The Imminent Danger of Insolvency Standard

When can a judgment be executed before appeal is final? The Supreme Court clarifies the "good reasons" standard and a surety's exposure on an injunction bond.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.

Annulment of Judgment vs. Affidavit of Reappearance: Fraudulent Presumptive Death Declarations

When a presumptive death declaration is obtained by fraud, the Supreme Court clarifies why annulment of judgment—not an affidavit of reappearance—is the proper remedy.

Judicial Accountability: Supreme Court Sanctions Judge for Grave Misconduct and Abuse of Authority

Supreme Court holds judge liable for grave abuse of authority, misconduct, and insubordination despite his resignation, affirming judicial accountability.

Forged Documents and Land Titles: Protecting Registered Owners From Fraudulent Sales

The Supreme Court clarifies the rules on judicial reconstitution of lost titles under Republic Act No. 26, protecting registered owners from fraud.

VAT Refund for Foreign Tourists Upheld: Tayam v. Recto and the Limits of Equal Protection

The Supreme Court upholds RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection or tax uniformity.

Forged Documents and Judicial Misconduct: Protecting Land Titles in the Philippines

A Supreme Court ruling on judge misconduct highlights the dangers of unauthorized notarization and the importance of protecting land titles from forged documents.

Death of Accused Pending Appeal Extinguishes Criminal Liability in Rape Case

Supreme Court explains how an accused's death before final judgment extinguishes criminal and civil liability ex delicto.

Treachery in Jailhouse Killings: Conspiracy and Criminal Liability Explained

How the Supreme Court applied treachery and conspiracy to convict inmates who murdered jail guards and carnapped a vehicle during a prison break.

Res Judicata vs Ownership Claims: Understanding Property Disputes in the Philippines

A forcible entry ruling does not bar a later ownership-based recovery case. Learn the key distinctions from a 2014 Supreme Court decision.

PEZA Tax Exemption Clarified: Who Can Claim Excise Tax Refunds

Supreme Court clarifies that PEZA-registered enterprises can claim excise tax refunds on petroleum products used indirectly in their operations.

Seafarer Suicide and Death Benefits: Proving Willfulness Under Philippine Law

When a seafarer dies at sea, who bears the burden of proving suicide? The Supreme Court's ruling in Agile Maritime clarifies willfulness in death benefit claims.

Retrenchment Requisites: Employers Bear the Burden of Proving Valid Grounds for Termination

In Am-Phil Food Concepts v. Padilla, the Supreme Court reiterates that retrenchment requires serious, actual, and real losses proven by clear and convincing evidence.

Self-Defense and the Burden of Proof: Evidence Rules in Slight Physical Injuries Cases

A Supreme Court ruling explains self-defense burdens and when unoffered evidence may still be admitted in slight physical injuries cases.

Agricultural Tenancy vs Civil Lease: Land Classification Determines DARAB Jurisdiction

When is a farmworker a tenant? The Supreme Court clarifies how land classification determines DARAB jurisdiction and tenancy rights.

Seafarer Disability Claims: Why the Company Doctor's Assessment Prevails Under POEA-SEC

Philippine Supreme Court clarifies the mandatory third-doctor referral rule in seafarer disability claims and why the company-designated physician's assessment prevails.

Theft and Dishonesty in Public Service: Consequences for Retirement Benefits and Re-Employment

Supreme Court rules on theft, dishonesty in public service, and how retirement does not erase administrative liability or preserve benefits.

Moonlighting Misconduct Supreme Court Upholds Ethical Standards FOR Judiciary Employees

The Supreme Court affirms strict ethical standards for judiciary employees, ruling on theft, dishonesty, and gross neglect of duty.

Navigating Tax Credit Claims: The Mandatory vs Directory Interpretation of Deadlines

The Supreme Court clarifies when VAT refund deadlines are mandatory and when taxpayers get relief from strict compliance.

Mergers and Documentary Stamp Tax: Clarifying Tax Obligations in Corporate Restructuring

The Supreme Court clarifies when documentary stamp tax applies to property transfers in corporate mergers under the National Internal Revenue Code.

Untangling Mortgage Disputes: Good Faith, Due Diligence, and Finality of Judgments

A Supreme Court ruling on mortgage disputes, good faith, and why final and executory judgments bind all parties.