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Showing 10201–10224 of 19,295 articles for “eme”

Legislative Inquiry vs Individual Rights: Due Process in Senate Investigations

The Supreme Court ruled the Senate violated due process by conducting "Hello Garci" inquiries without publishing its rules of procedure.

Perjury and Venue: Where the False Statement Truly Matters

A look at how the Supreme Court ruled that venue in perjury cases depends on where the false statement is used, not where it is notarized.

Clerk of Court Dismissed for Misappropriating Fiduciary Funds

Supreme Court dismisses a clerk of court for dishonesty and grave misconduct after she failed to account for P238,220 in court funds.

Ejectment and Back Rentals: The Greenhills Lease Dispute and the Limits of Court Awards

A stalled sublease at Greenhills Shopping Arcade leads to ejectment and a Supreme Court ruling on back rentals, estoppel, and who may recover.

Redemption of Foreclosed Property: What Buyers Must Know About Payment and Transfer of Rights

Learn the rules on redeeming foreclosed property, including payment amounts and assignment of redemption rights, from a Supreme Court ruling.

Redemption Rights in Foreclosure Sales: Scope and Transferability Under Philippine Law

The Supreme Court clarifies the scope of redemption rights in extrajudicial foreclosure sales and when such rights may be validly transferred.

Valid Service of Summons: Ensuring Due Process in Electoral Protests

The Supreme Court voided service of summons by registered mail in an election protest, ruling that personal service is required to satisfy due process.

Proportionality in Employee Discipline: When Is Dismissal Too Harsh?

Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.

Torrens Title Stability: Courts Cannot Collaterally Attack Titles in Land Registration Cases

Philippine Supreme Court ruling on why Torrens titles cannot be collaterally attacked in administrative reconstitution proceedings.

Treachery Defined: Absence of Frontal Attack Does Not Preclude Murder Finding

The Supreme Court clarifies that treachery can qualify a killing as murder even without a frontal attack, as long as the victim was defenseless and the mode of attack was consciously adopted.

Mandamus and Manila Bay Cleanup: Defining Ministerial Duties in Environmental Protection

The Supreme Court ruled that government agencies can be compelled by mandamus to clean up Manila Bay, defining environmental duties as ministerial.

Due Process Prevails: Officer Unfairly Dismissed Is Ordered Reinstated

The Supreme Court reinstates a police officer dismissed without notice, affirming that due process is essential in administrative proceedings.

Substantial Compliance in Appeals: When Technicalities Yield to Justice

Philippine Supreme Court clarifies that substantial compliance with procedural rules can save an appeal from outright dismissal, prioritizing merits over technicalities.

Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations

Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.

Equitable Mortgage: When an Absolute Sale Is Really a Loan Security

The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.

Manila Bay Cleanup Case: Ministerial Duties and the Right to a Balanced Ecology

The Supreme Court ruled government agencies can be compelled by mandamus to clean up Manila Bay under environmental laws.

Challenging a Judge's Qualifications: The Fine Line Between Direct and Indirect Attacks

Philippine Supreme Court clarifies the distinction between direct and indirect attacks on a judge's qualifications in administrative cases.

Contractual Obligations Prevail: Surety Liable Despite Principal Debtor's Insolvency

Supreme Court rules surety remains liable for corporate debts even after principal debtor is declared insolvent, upholding solidary obligations.

Equitable Mortgage vs Sale: How Philippine Law Protects Landowners from Unfair Deals

The Supreme Court ruled that a deed of sale can be treated as an equitable mortgage, protecting landowners from transactions that secretly secure a debt.

Adultery and Public Service: Proving Immorality Beyond Suspicion in Administrative Cases

Philippine Supreme Court ruling on immorality cases against court employees: the need for competent evidence and the limits of double jeopardy in administrative proceedings.

Election Law: Distinguishing Disqualification From Certificate Cancellation

The Supreme Court clarifies the difference between disqualification and cancellation of a certificate of candidacy in election cases.

Consummated Rape: Degree of Penetration and Victim Testimony in Philippine Law

Philippine Supreme Court ruling on rape penetration, victim testimony, and proof of qualifying circumstances for proper conviction.

Theft by Deceit: Defining Penalties for Estafa and the Indeterminate Sentence Law

The Supreme Court clarifies how indeterminate penalties for estafa are computed, reaffirming the rule that the minimum term comes from the penalty next lower to that prescribed by law.

Judicial Impartiality and Finality: Lessons from CHED v. Dasig on Court Discipline

The Supreme Court reminds lower courts that judicial impartiality demands adherence to its rulings, as shown in CHED v. Dasig.