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Showing 10249–10272 of 19,295 articles for “eme”

Correcting Election Returns: COMELEC Can Rectify Manifest Errors Even After Proclamation

Supreme Court affirms COMELEC power to correct manifest errors in election returns even after a candidate has been proclaimed and sworn in.

Default Judgments: When a Bank's Procedural Lapses Lead to Default

The Supreme Court upheld a default declaration against PNB for filing a late answer and misleading the court, clarifying strict rules on extensions.

Judicial Ethics, Extra-Marital Affairs, and the Standard of Moral Decency for Judges

The Supreme Court holds judges to exacting moral standards, ruling that even a non-physical romantic relationship with another woman constitutes immorality.

CIAC Jurisdiction Prevails Over Arbitration Agreements in Construction Disputes

Learn how the Supreme Court affirmed CIAC's exclusive jurisdiction over construction disputes even when contracts name a different arbitration body.

Second Chances in the Judiciary: When Compassion Tempers Dismissal in Reinstatement Cases

The Supreme Court shows compassion can modify final administrative penalties, allowing dismissed judges to claim earned leave benefits.

When a Sheriff's Delay Undermines Justice: Lessons from Zamudio v. Auro

A deputy sheriff's repeated extensions to a judgment debtor and failure to file reports led to a finding of simple neglect of duty, with a fine imposed by the Supreme Court.

When Supreme Court Rulings Clarify Procedural Rules: The Bagabuyo Case on Legislative Reapportionment

The Supreme Court in Bagabuyo v. COMELEC clarifies that legislative reapportionment does not require a plebiscite, unlike the division of local government units.

Legislative Apportionment vs Local Autonomy: When a Plebiscite Is Not Required

Supreme Court clarifies that legislative reapportionment of a city into two districts does not require a plebiscite, distinguishing it from dividing a local government unit.

Construction Arbitration: CIAC Jurisdiction Prevails Over Contractual Forum Choices

Supreme Court clarifies CIAC's exclusive jurisdiction over construction disputes, even when contracts name a different arbitration body.

When Sangguniang Approval Is Needed for Local Government Contracts

Philippine Supreme Court clarifies when local chief executives need sanggunian approval before signing contracts binding their LGUs to new obligations.

Rape and Parental Betrayal: Upholding Convictions in Incestuous Assault Cases

Philippine Supreme Court affirms qualified rape conviction of a father, explaining how clear testimony and flight from detention support guilt.

Unfair Competition: Likelihood of Confusion vs. Actual Deception in Philippine Trademark Cases

Philippine Supreme Court clarifies that unfair competition requires actual intent to deceive, not just confusing similarity, and explains the proper remedy for DOJ rulings.

Shareholder Inspection Rights and the Good Faith Defense Under Section 74

The Supreme Court clarifies when a corporation may refuse a shareholder's demand to inspect books without facing criminal liability.

Retirement Benefits Clarifying Rights Under Reorganization AND Existing Laws

Supreme Court clarifies retirement rights, constructive dismissal, and CBA benefits for managerial employees in reorganization.

Reconstitution of Lost Title After Fire: Supreme Court Clarifies Evidence Rules

Supreme Court clarifies when a lost title can be reconstituted after a fire, easing strict documentary requirements.

Retirement Benefits Tax Exemption: Age and Tenure Requirements Explained

Retirement benefits are tax-exempt only if the retiree meets the 10-year service and 50-year age requirements under the NIRC.

Finality OF Judgement Claim Prescription AND Compromise Agreements IN Labor Disputes

Advertising Standards: Voluntary Self-Regulation vs Legal Authority

Supreme Court clarifies that the Advertising Board of the Philippines' clearance system is voluntary self-regulation, not government authority.

Perfecting Appeals: Understanding Timeliness and Exceptions in Philippine Law

Philippine Supreme Court explains why appeal deadlines are mandatory and jurisdictional, and when exceptions may apply.

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

Incestuous Rape: The Unquestioned Authority of a Parent and the Absence of Force

The Supreme Court explains why force is not required in incestuous rape when a father's moral ascendancy over a minor child suffices.

Correcting Dispositive Errors When Can A Final Judgment BE Clarified

Philippine Supreme Court clarifies when a final and executory judgment may still be corrected for clerical errors or inadvertent omissions.

Excavation Liability: When a Landowner Can Shift Blame to the Contractor

The Supreme Court clarifies when a landowner can escape liability for excavation damage to a neighbor's building, and when the contractor alone must pay.

Citizenship vs Identity: Name Discrepancies in Certificate of Candidacy Cases

Supreme Court ruling on when name discrepancies in a certificate of candidacy constitute material misrepresentation under election law.