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Showing 10489–10512 of 19,295 articles for “eme”

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Navigating Appeals in Estate Settlements: Avoiding Forum Shopping Pitfalls

Learn when Philippine courts allow separate appeals and certiorari petitions in estate cases without committing forum shopping.

Ejectment and Urban Land Reform: Balancing Security of Tenure with Property Rights

The Supreme Court clarifies when urban land reform protections can stop an ejectment case, and when they cannot.

Rape Conviction Affirmed: Moral Ascendancy as Intimidation in Familial Settings

Supreme Court affirms rape conviction of a cousin, ruling that moral ascendancy in familial settings constitutes intimidation, and clarifies penetration standards.

Upholding Due Process for Workers: When Business Closure Is a Subterfuge

Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.

Rape Conviction Affirmed: The Legal Threshold for Carnal Knowledge and Victim Credibility

The Supreme Court affirms a rape conviction, clarifying that slight penetration of the labia suffices for carnal knowledge and that a credible victim's testimony alone can convict.

Equitable Reduction of Interest: Protecting Borrowers from Unconscionable Loan Terms

The Supreme Court affirms courts' power to reduce unconscionable interest and penalty rates, protecting borrowers from excessive loan charges.

Behest Loans and the Ombudsman’s Discretion: Balancing Justice and Due Process in Government Transactions

The Supreme Court upholds the Ombudsman’s dismissal of behest loan charges, reinforcing the principle of non-interference in prosecutorial discretion.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

Simulated Business Closure Employer Liability FOR Illegal Dismissal

Philippine Supreme Court ruling on when a simulated business closure constitutes illegal dismissal and employer liability.

Contempt of Court: Due Process and Just Penalties in Philippine Law

Philippine Supreme Court clarifies the proper procedure and penalties for indirect contempt, emphasizing due process rights.

Excise Tax Uniformity: Rationalizing Cigarette Tax Classification Under Philippine Law

The Supreme Court upheld the constitutionality of the tiered excise tax on cigarettes, explaining how the classification freeze and Annex at 1996 prices, remained in lower tax brackets despite selling

Valid Service of Summons on Government Agencies: Due Process in Civil Cases

Learn how the Supreme Court protects due process in civil cases against government agencies through valid service of summons.

When Lawyers Abuse Blank Checks: Lessons from Manaois v. Deciembre

A Supreme Court ruling on indefinite suspension for a lawyer who filled blank checks with unauthorized amounts shows how the Bar polices deceitful conduct.

Altered Checks and Holder in Due Course Protection Under the Negotiable Instruments Law

Supreme Court ruling on drawee bank liability for altered checks and holder in due course protection under the Negotiable Instruments Law.

Forum Shopping and Corporate Disputes: Consequences of Multiple Filings

Learn how the Supreme Court treats forum shopping in ejectment cases, co-owner suits, and the rule against multiple filings.

Illegal Recruitment Conviction Stands Even Without Direct Misrepresentation of Authority to Deploy Workers Abr

The Supreme Court affirms that giving the impression of ability to send workers abroad, without express claims of authority, constitutes illegal recruitment.

Ejectment Actions Co Owners Rights AND Barangay Conciliation Compliance IN Lease Disputes

Philippine Supreme Court ruling on ejectment, co-owner rights to sue, and barangay conciliation requirements in lease disputes.

When a Father's Betrayal Meets the Eyes of Justice: Re-evaluating Guilt in Incestuous Rape Cases

A Philippine Supreme Court ruling shows how incestuous rape is proven, why a victim's testimony carries weight, and what penalties and damages the law imposes.

Judicial Ethics: When a Judge's Personal Letter Becomes Official Misconduct

Supreme Court clarifies when a judge's use of court letterhead and title in personal correspondence crosses the line into impropriety.

Compromise Agreements and the Limits of Technicalities in Enforcing Judgments

A debtor's repeated legal maneuvers cannot suspend the enforcement of a valid compromise agreement approved by the court. The Supreme Court clarifies the rules on execution and prescription.

Consensual Sex With a Minor: Differentiating Child Abuse and Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when consensual sex with a minor is "other sexual abuse" under R.A. 7610, not mere child abuse under Section 10(a).

Credibility in Rape Cases: Victim Testimony and the Rejection of Alibi

The Supreme Court affirms a rape conviction, explaining why a credible victim's testimony outweighs alibi and denial defenses.