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Showing 9841–9864 of 19,295 articles for “eme”

Untimely Appeal and Exhaustion of Administrative Remedies: Lessons from Sison v. COA

Learn how failure to exhaust administrative remedies and premature honoraria payments led to dismissal in Sison v. COA.

Honoraria for Government Procurement: DBM Guidelines Are Mandatory

The Supreme Court ruled that BAC and TWG honoraria under RA 9184 require DBM guidelines; payments before these rules are disallowable.

Judicial Accountability: Judges and Court Personnel Liable for Negligence in Bail Bond Processing

Supreme Court holds judge and clerk of court liable for gross neglect in approving bail without required documents, imposing fines on retirement benefits.

Correcting Land Title Errors When A Mistake Isnt Just A Mistake

The Supreme Court explains when a mistaken land partition can be corrected and why a free patent obtained through fraud is void.

Partition Disputes: The Mandatory Role of Commissioners in Property Division

Philippine Supreme Court clarifies when courts must appoint commissioners to divide property in partition disputes, and the limits of the parol evidence rule.

Credible Testimony Prevails Upholding Rape Conviction Despite Minor Inconsistencies

The Supreme Court affirms a rape conviction, holding that a credible victim's testimony outweighs minor inconsistencies and bare denials.

Upholding Prosecutorial Powers of the Ombudsman: Lessons from Lazatin v. Desierto

The Supreme Court affirms the Ombudsman's prosecutorial powers and control over the Office of the Special Prosecutor in Lazatin v. Desierto.

Homeowners Association Disputes: HLURB Jurisdiction and Mandatory Arbitration

When do homeowners association disputes go to HLURB instead of courts? The Supreme Court clarifies jurisdiction and arbitration rules.

Union Security Clauses Balancing Workers Rights AND Collective Bargaining Agreements

When Attorney Negligence Impacts Client Rights: The M+W Zander Illegal Dismissal Case

The Supreme Court clarifies when an employer may validly dismiss for loss of trust and confidence, and when dismissal becomes illegal.

Insurance Proceeds and Illicit Relationships: Who Gets the Benefits

Philippine Supreme Court rules on who receives life insurance proceeds when beneficiaries are children from an illicit relationship.

Dishonored Checks and Unpaid Debts: Why a Civil Case Does Not Always Stop a Criminal Charge

A civil collection suit does not automatically suspend a criminal case for violation of B.P. Blg. 22. The Supreme Court explains when a prejudicial question exists.

Family Home Exemption in the Philippines: Limits on Execution and the Duty to Prove Claims

A Supreme Court ruling shows that the family home exemption from levy is not automatic—the person claiming it must substantiate that the property is still a family home.

Party List Registration: What the Supreme Court Requires of Sectoral Organizations

The Supreme Court clarifies the requirements for party-list registration, emphasizing that organizations must genuinely represent marginalized sectors and cannot make untruthful claims.

Rape Conviction Affirmed: Credibility of Victim's Testimony and Weak Defenses of Denial and Alibi

The Supreme Court affirms a rape conviction, ruling that a credible victim's testimony suffices and that denial and alibi are weak defenses.

Contempt and Ethics in Legal Practice: The Ilusorio Case on Free Speech Limits

The Supreme Court clarifies when criticism becomes contempt and when a lawyer's conduct warrants suspension in Ilusorio v. Ilusorio.

Warrant of Arrest Stands: Court Power Prevails Over DOJ Review

Supreme Court rules a judge's exclusive power to issue warrants of arrest cannot be suspended by a pending DOJ petition for review.

Judicial Accountability: The Consequences of Undue Delay in Case Resolution

A Supreme Court ruling shows how a trial court's disregard of the Rules of Court on promulgation of judgment led to the annulment of an acquittal and a judicial investigation.

Psychological Incapacity and Marital Obligations: Understanding the Limits of Annulment in the Philippines

The Supreme Court clarifies that marital flaws, refusal, or neglect do not amount to psychological incapacity under Article 36 of the Family Code.

Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages

Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.

Civil Liability Despite Acquittal: Quasi-Contracts and Unjust Enrichment in Philippine Law

Philippine Supreme Court ruling explains when an acquittal in a criminal case does not erase civil liability, citing quasi-contracts and solutio indebiti.

Falsification vs Misappropriation: When Paper Renewal Justifies Dismissal

Philippine Supreme Court ruling on when a salesman's "paper renewal" amounts to falsification warranting dismissal, and when it does not.

Untimely Appeal Delivery to Courier Not Considered Filing Date in Labor Disputes

Supreme Court clarifies that in labor appeals, delivery to a private courier does not count as filing; only actual receipt by NLRC matters.

Tax Evasion vs Deficiency: When Criminal Charges Can Proceed Without Prior Assessment

Philippine Supreme Court clarifies when the BIR can file criminal tax evasion charges without a prior formal assessment, distinguishing deficiency assessments from criminal prosecution.