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Showing 9865–9888 of 19,295 articles for “eme”

Joint Adoption Requirement for Married Couples Under Philippine Law

Philippine law requires married couples to adopt jointly. Learn the rule, its exceptions, and why a spouse's mere consent is not enough.

Delivery in Sales Contracts: Ownership vs Possession and Prescription Periods

Philippine Supreme Court clarifies that mere possession transfer isn't?

Actual Malice and Media Responsibility in Reporting on Public Figures

Philippine Supreme Court clarifies that public figures must prove actual malice to claim damages for false news reports.

Assignee's Rights Determine Court Jurisdiction in Construction Contract Disputes

Supreme Court rules that an assignee's claim over retention money is not a construction dispute, so regular courts, not CIAC, have jurisdiction.

Protecting the Vulnerable: Upholding Convictions in Child Sexual Abuse Cases

The Supreme Court affirms the conviction of a father for nine counts of statutory rape against his young daughters, clarifying evidentiary rules.

Safeguarding Rights Illegal Drug Conviction Overturned Due to Evidence Chain Break

Philippine Supreme Court acquits drug suspect when police break chain of custody, reinforcing that evidence integrity is vital to conviction.

When Courts Can Take Judicial Notice of Industry Practice in Labor Disputes

Supreme Court clarifies judicial notice limits, independent contractor tests, and abandonment rules in South Davao Development Co. v. Gamo.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

Double Sale: Good Faith Registration Prevails Over Prior Knowledge in Land Disputes

Philippine Supreme Court clarifies double sale rule: bad faith registration confers no right, even if registered first.

Filing a Baseless Suit Does Not Automatically Mean Paying Damages: Delos Santos v. Papa

The Supreme Court clarifies that losing a lawsuit does not automatically entitle the winning party to moral and exemplary damages.

Navigating Mining Disputes When DO Courts NOT Mining Agencies Decide

The Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining-related contract disputes under the Philippine Mining Act.

Intersection Collisions and Driver Negligence: Who Has the Right of Way in the Philippines?

Philippine Supreme Court clarifies right of way rules, driver negligence, and fault in intersection collisions under RA 4136.

Accountability for Deadly Assault: Distinguishing Frustrated Homicide from Murder Through Intent and Circumsta

The Supreme Court clarifies when a near-fatal bolo attack is frustrated homicide versus murder, and how intent and treachery are proven.

When Lawyers Draft Illegal Lease Contracts: The Hontanosas Case on Foreign Land Leases

A lawyer who drafts and notarizes lease contracts exceeding legal limits for aliens faces suspension, as the Supreme Court ruled in Kupers v. Hontanosas.

Resolving Jurisdictional Conflicts Concurrent Jurisdiction VS Forum Shopping IN Intra Corporate Disputes

Learn how Philippine courts handle overlapping jurisdiction and forum shopping in intra-corporate disputes, based on a 2009 Supreme Court ruling.

Chain of Custody Imperative Safeguarding Drug Evidence in Philippine Law

Why the Supreme Court acquitted a drug suspect when police failed to follow Section 21 chain of custody rules under RA 9165.

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

Attorney Suspended for Drafting Illegal Lease Agreements: Ethics in Legal Practice

A lawyer's six-month suspension for drafting lease contracts exceeding legal limits for aliens—a lesson in professional responsibility.

Double Sale and Good Faith Registration: Pagaduan v. Ocuma on Property Rights

Explore how the Supreme Court ruled on double sale, good faith registration, and prescription in Pagaduan v. Ocuma.

Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW

Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.

When Courts Can Relax Filing Deadlines: Hierarchy of Courts and Final Judgments

The Supreme Court clarifies when direct recourse to it is allowed, and why final judgments cannot be set aside by belated claims of indigenous status.

Just Cause vs Due Process: What Bacolod-Talisay Realty Teaches About Employee Dismissal

Philippine Supreme Court ruling on dismissal with just cause but defective procedure, explaining nominal damages for employees.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Protecting the Vulnerable: The Credibility of Child Witnesses in Rape Cases

Philippine Supreme Court affirms rape conviction based on a six-year-old's testimony, explaining why minor inconsistencies do not destroy a child witness's credibility.