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Showing 10705–10728 of 19,295 articles for “eme”

Who Can Speak for the Deceased: Legal Representation and Estate Rights in Philippine Courts

Philippine Supreme Court clarifies who may substitute for a deceased party in civil cases, protecting estate rights and due process.

Land Reclassification Does Not Automatically Strip Tenant Rights, Says SC

Supreme Court clarifies that reclassifying agricultural land to residential use does not automatically divest tenant-farmers of their security of tenure rights.

Fishpond Exemption and Farmworker Security of Tenure After Lease Expiration

Philippine Supreme Court ruling on whether fishpond farmworkers retain security of tenure after a civil law lessee's lease expires.

Fishpond Workers' Rights After Lease Expiration: Civil Lease vs Agrarian Reform

Supreme Court ruling on whether fishpond workers hired by a civil law lessee can stay after lease expiration, and why fishponds are exempt from agrarian reform.

Sheriffs Duty Implementing Replevin Orders With DUE Diligence AND Care

When a sheriff seizes property under a replevin order, due diligence is not optional. A Supreme Court ruling shows the costly consequences of neglect.

SEC Jurisdiction Over Stock and Transfer Book Disputes: A Lesson in Regulatory Power

Supreme Court clarifies SEC's regulatory jurisdiction to recall and cancel erroneously registered stock and transfer books, resolving intra-corporate disputes.

Agrarian Reform: When Courts Can Interfere With DAR's Discretion

Explains when courts may review DAR decisions in agrarian reform cases, using a 2008 Supreme Court ruling on CARP exemptions.

Buy-Bust Operations and Instigation: When Police Tactics Are Valid in Drug Cases

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug buy-bust operations under RA 9165.

Valid Substituted Service and Child Support Rights in Philippine Family Law

Supreme Court ruling on valid substituted service of summons for OFW parents and the right of illegitimate children to support.

Regular Employee Status from Intermittent Work: Security of Tenure Under the Labor Code

Intermittent reliever nurse deemed regular employee after one year of service; dismissal without just cause and due process ruled illegal.

Intact Hymen Rape Conviction Protecting Victims Despite Medical Findings

Philippine Supreme Court affirms rape conviction despite intact hymen, explaining medical findings do not negate a credible victim's testimony.

Rehabilitation Proceedings and Contractual Obligations: Balancing Creditor Rights and Corporate Recovery

Philippine Supreme Court ruling on suspension of collection suits during corporate rehabilitation proceedings under PD 902-A.

When Possession Is Nine Tenths of the Law: Certiorari, Amparo, and Habeas Data in Property Disputes

The Supreme Court clarifies that forcible entry cases belong to first-level courts, and that amparo and habeas data cannot substitute for ordinary remedies in property disputes.

SEC Jurisdiction Over Stock and Transfer Book Disputes in the Philippines

The Supreme Court ruled that the SEC, not the regular courts, has jurisdiction to recall and cancel a stock and transfer book it erroneously registered.

SEC Authority Validating Stock and Transfer Books Over Intra-Corporate Disputes

Explaining the Supreme Court ruling that the SEC has regulatory jurisdiction to validate and cancel stock and transfer books.

Ensuring DUE Process Notice Requirements IN Land Title Reconstitution

Seafarer Death Benefits: The Primacy of the Employment Contract's Term

Philippine Supreme Court clarifies that a seafarer's death during the contract term entitles heirs to death benefits under the POEA Standard Employment Contract.

Reliever Nurse Deemed Regular Employee: Security of Tenure Prevails

Supreme Court rules a reliever nurse who served over a year is a regular employee, entitled to security of tenure and damages for illegal dismissal.

Entrapment vs Instigation in Drug Cases: Proving Guilt Beyond Reasonable Doubt

Philippine Supreme Court clarifies the distinction between valid entrapment and prohibited instigation in buy-bust operations, and the burden of proof in drug cases.

Credibility of Rape Victim's Testimony Can Stand Alone for Conviction

The Supreme Court affirms that a rape victim's credible, straightforward testimony is sufficient for conviction, even without corroborating evidence.

VAT Refund for Tourists Upheld: Equal Protection and Tax Classification Explained

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection or tax uniformity.

Breach of Trust When Confidentiality Justifies Dismissal of a Managerial Employee

When can an employer dismiss a managerial employee for breach of confidentiality? The Supreme Court explains the rule on loss of trust and confidence.

Reconstitution of Lost Titles: Protecting Property Rights Despite Missing Records

Philippine Supreme Court explains how lost or destroyed land titles can be reconstituted under R.A. 26, protecting property owners' rights.

Good Faith and the Exercise of Legal Rights: When Demands for Rent Don't Amount to Abuse of Rights

Philippine Supreme Court clarifies that sending demand letters to assert property rights, done in good faith, is not an abuse of rights under Article 19 of the Civil Code.