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Showing 6649–6672 of 19,293 articles for “eme”

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Contractual Breach Understanding Rescission Rights IN Mining Agreements

Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.

Final Judgments Must Stand: The Doctrine of Immutability and Compromise Agreements

A final judgment on a compromise agreement is immutable. The Supreme Court explains why parties cannot relitigate settled cases.

When Customs Seizure Needs a Warrant: Lessons from Commissioner of Customs v. New Frontier Sugar

The Supreme Court clarifies that even "automatic seizure" of imported goods requires a warrant and due process under the Tariff and Customs Code.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Security of Tenure vs Employer Prerogative: Lessons from Philippine Spring Water v. Mahilum

A look at how the Supreme Court balanced security of tenure against employer prerogative in a dismissal dispute involving a probationary executive.

Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation

The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.

Chain of Custody in Drug Cases: When Police Lapses Do Not Mean Acquittal

The Supreme Court explains when lapses in Section 21 procedures still allow conviction, so long as the drug's integrity is preserved.

Accountability for False Statements: Attorney Suspended for Misleading Forum Shopping Certifications

A lawyer's false certifications against forum shopping and notarial malpractice lead to one-year suspension and permanent disqualification from notarial commission.

Upholding Ethical Standards: Disbarment for Misconduct and Exorbitant Fees in Legal Practice

Supreme Court suspends lawyer for two years for demanding exorbitant fees to "expedite" a case already dismissed, plus issuing bouncing checks.

Upholding Ethical Standards Disbarment FOR Attorney Misconduct AND Deceit

Supreme Court clarifies when disciplinary authorities may appeal CSC decisions modifying penalties in administrative cases.

Sheriffs Must Disclose Conflicts of Interest and File Timely Returns on Writs of Execution

The Supreme Court ruled that sheriffs must disclose family ties to parties and file periodic reports on writs of execution, or face administrative liability.

Government Agencies Can Appeal CSC Decisions Modifying Penalties in Administrative Cases

The Supreme Court clarifies that disciplining authorities may appeal Civil Service Commission decisions that modify or reverse their original rulings.

The Certification Against Forum Shopping: When a Lawyer's False Oath Leads to Suspension

A Supreme Court ruling on a lawyer's false certifications against forum shopping and notarial malpractice, and the penalties imposed.

Land Conversion and Agrarian Reform: Prior Zoning Ordinances Prevail

Supreme Court rules lands reclassified as non-agricultural before the CARL's effectivity are exempt from agrarian reform coverage.

Parental Authority and Rape: Proving Guilt Beyond Reasonable Doubt

A father convicted of raping his 13-year-old daughter. The Supreme Court explains why denial, alibi, and a retraction letter failed to overcome credible testimony.

Regularization vs Illegal Dismissal: What Employees Must Prove in Philippine Labor Law

Supreme Court clarifies that being a regular employee does not automatically mean illegal dismissal occurred; the fact of dismissal must still be proven.

Corporate Veil and Inheritance: When Heirs Can Claim Rights to Corporate Assets

Philippine Supreme Court ruling on when heirs may pursue claims over corporate assets in estate partition cases.

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

When Tolerated Use Ends: Establishing Ownership Rights Over School Property

Supreme Court ruling on tolerated possession, laches, and ownership rights when government uses private land for schools.

Agrarian Dispute vs Forcible Entry: When Land Is Agricultural But No Tenancy Exists

Not every case involving agricultural land is an agrarian dispute. Tenancy must exist for DARAB jurisdiction. Learn from this Supreme Court ruling.

Exclusive Ownership vs Successional Rights: Clarifying Property Claims in Inheritance Disputes

Philippine Supreme Court clarifies when heirs acquire rights to property and how titles describe ownership in inheritance disputes.

Defense of Insanity Requires Clear and Convincing Evidence in Criminal Cases

Philippine Supreme Court clarifies the strict evidentiary standard for the insanity defense, requiring proof of complete deprivation of intelligence at the time of the crime.

Illegal Recruitment and Estafa: Protecting OFWs From Unlicensed Recruiters

A Supreme Court ruling clarifies when unlicensed recruiters face life imprisonment and estafa penalties for defrauding overseas job seekers.