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Showing 10825–10848 of 19,295 articles for “eme”

Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements

Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.

Publisher's Knowledge Not Required for Libel Conviction Under Philippine Law

Philippine Supreme Court rules a publisher can be convicted of libel even without knowledge of the libelous article, citing Article 360 of the Revised Penal Code.

Lease Renewal Agreement ON ALL Terms Required FOR Valid Extension

Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty

Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Protecting Land Titles: Limits of Agrarian Reform Jurisdiction and Ancestral Land Claims

Supreme Court ruling on DARAB jurisdiction, Torrens title protection, and ancestral land claims under RA 8371.

Sheriff Dismissed for 4-Year Delay in Executing Writ and Misconduct

Supreme Court dismisses sheriff for gross neglect of duty and grave misconduct over delayed writ execution and mishandled sheriff's expenses.

Plea Bargaining in Criminal Cases: When Courts Must Approve the Deal

The Supreme Court clarifies when trial courts must approve plea bargaining deals, using a Sandiganbayan case involving a municipal employee.

Plea Bargaining and Grave Abuse of Discretion: Balancing Justice and Public Interest

The Supreme Court clarifies when a trial court commits grave abuse of discretion in denying a plea bargain, using Daan v. Sandiganbayan as the guide.

When a Complaint Fails to State a Cause of Action: The Preliminary Hearing Remedy

Learn when a motion to dismiss for failure to state a cause of action should be heard before trial, based on a 2008 Supreme Court ruling.

Clerk of Court Reprimanded for Issuing Commitment Order Without Judicial Authority

A clerk of court who issued a commitment order overstepped her authority. The Supreme Court ruled this is simple misconduct warranting a fine.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Treachery Defined: How Sudden Attacks Are Punished Under Philippine Law

The Supreme Court explains treachery in murder cases, showing how sudden attacks on unsuspecting victims qualify for the highest penalties.

Protecting Child Rape Victims: Damages and Penalties Under RA 9346

A look at how the Supreme Court affirmed a qualified rape conviction and clarified civil damages for child victims of sexual abuse.

Compromise Agreements Prevail Over Final Judgments in Philippine Disputes

Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.

Trademark License Revocation: When Unauthorized Use Justifies Termination

Philippine Supreme Court ruling on when a trademark owner may validly revoke a license for unauthorized use beyond the agreed scope.

Conspiracy and Illegal Detention: When Mere Presence in a Fraud Scheme Is Not Enough

The Supreme Court acquits a broker of estafa thru falsification, ruling that mere presence and participation in transactions do not prove conspiracy beyond reasonable doubt.

Judgment Bindings Protecting Rights OF NON Parties IN Property Disputes

The Supreme Court ruled that demolition orders cannot bind non-parties who never had their day in court, protecting their property rights.

Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First

Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp

Establishing Filiation in Estate Proceedings: The Illegitimate Child's Claim

Explaining Tayag v. Tayag-Gallor: an illegitimate child may prove filiation during estate settlement, not just via recognition action.

Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute

Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.

Substantial Completion vs Unjustified Delay: Contractor Entitlements in Construction Disputes

When is a contractor in delay? The Supreme Court clarifies how substantial completion and change orders affect liquidated damages.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Negligence in Public Service: Distinguishing Gross from Simple Neglect and the Right to Backwages

Explains the Supreme Court's distinction between gross and simple neglect of duty in public service, and when backwages may be awarded.