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Showing 9673–9696 of 19,295 articles for “eme”

Finality of Judgment: Disbarred Lawyer’s Bid to Reverse Disbarment Fails

The Supreme Court denies a disbarred lawyer's motion to reverse his disbarment, citing the doctrine of finality of judgment and citing him for indirect contempt.

COA Audit Powers and Quantum Meruit: Lessons from Lotrim v. COA

Supreme Court affirms COA's broad audit powers and the limits of quantum meruit in government construction contracts.

Probationary Employees Can Vote in Certification Elections: Key SC Ruling

Supreme Court clarifies probationary employees' voting rights in certification elections, ordering a run-off after votes were wrongly excluded.

Common Carriers and Fortuitous Events: Reassessing Liability in Passenger Injury Cases

The Supreme Court held that a bus company is not liable for a passenger's death when the collision was caused solely by a third-party truck's brake failure.

Unlawful Detainer: Prior Tolerance Not Required When Encroachment Is Discovered Later

Supreme Court clarifies when prior tolerance is needed in unlawful detainer cases, and how ownership claims affect ejectment suits.

Perfecting an Appeal: Timely Payment of Appeal Fees Is Jurisdictional

Understand why paying appeal fees on time is a strict jurisdictional requirement in Philippine courts, based on a 2009 Supreme Court ruling.

Practicing Law During Suspension: Judicial Ethics and Integrity

A judge's preventive suspension does not lift the ban on private law practice. The Supreme Court explains why.

Proportional Representation in the Commission on Appointments: What Drilon v. De Venecia Means for Political P

The Supreme Court explains when political parties can demand seats in the Commission on Appointments and the proper remedy for violations.

Torrens System Prevails: Registered Land Protected Against Adverse Claims

When registered land is sold to innocent buyers, claims of long possession cannot defeat the Torrens title, the Supreme Court rules.

Letters of Intent: When a Preliminary Document Is Not a Contract of Sale in Philippine Law

Philippine Supreme Court clarifies when a Letter of Intent remains a mere declaration of intention, not a binding contract to sell or conditional sale.

Retention Rights Under Agrarian Reform: Landowner's Duty of Full Disclosure

Philippine Supreme Court ruling on agrarian retention rights, emphasizing a landowner's duty of full disclosure in retention applications.

Accomplice Liability in Rape With Homicide: Clarifying the Degree of Participation

The Supreme Court clarifies when a witness to a crime becomes an accomplice, not a principal, in rape with homicide.

Breach of Trust and Confidence: Upholding Termination of Supervisory Employees in the Philippines

Philippine Supreme Court ruling on valid dismissal of supervisory employees for breach of trust and confidence in Coca-Cola Bottlers case.

Proof Beyond Reasonable Doubt in Conspiracy and Murder: The Maliao Case

A look at how the Supreme Court distinguished conspiracy from mere accomplice liability in a rape-with-homicide case.

Real Party in Interest Rule: Standing in Land Dispute Resolutions

The Supreme Court clarifies that an administrative agency that resolves a land dispute lacks standing to appeal, as it is not a real party in interest.

Citizenship Threshold Ensuring Elected Officials Meet Constitutional Requirements

The Supreme Court clarifies that citizenship is a continuing qualification for House members, and only the HRET may judge such contests after proclamation.

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

Voluntary Appearance and Summons: Protecting Property Rights in Philippine Courts

Philippine Supreme Court clarifies when a defendant's court filings waive defective summons, protecting property rights in quieting title cases.

Breach of Contract and Damages: Airline's Duty to Honor Ticket Terms

The Supreme Court held an airline liable for breach of contract and damages after it refused to honor the rebooking terms printed on a passenger's ticket.

Death and Legal Representation: How Estate Claims Proceed in Philippine Courts

Philippine Supreme Court ruling on estate claims, probate jurisdiction, and why the value of the decedent's estate determines which court hears the case.

When a Judge Lends the Prestige of Office to Private Interests: Favor v. Untalan

A Philippine Supreme Court ruling reminds judges that helping friends settle private disputes can violate judicial ethics even with good intentions.

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When must a bank verify checks before encashing them? The Supreme Court clarifies banks' duty of extraordinary diligence and the last clear chance doctrine.

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When a bank encashes checks with obvious irregularities, it may bear liability. The Supreme Court explains the duty of care.