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Showing 11401–11424 of 19,296 articles for “eme”

Void Judgments Create No Rights: The Borres Heirs Case

A judge who decides after retirement acts without authority. His decision is void ab initio and can never become final or create rights.

Certiorari vs Appeal: Choosing the Right Remedy in Administrative Cases

A Supreme Court ruling clarifies why certiorari cannot substitute for a lapsed appeal in Ombudsman administrative cases, and explains the proper remedy.

Deposition Deadlines in Corporate Disputes: What Philippine Computer Solutions v. Manzo Teaches

Philippine Supreme Court clarifies deposition deadlines in intra-corporate disputes and why interlocutory orders must be raised on appeal.

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Universal Charge Under EPIRA: Balancing Regulatory Power and Consumer Protection

The Supreme Court upheld the EPIRA universal charge as a valid police power exaction, not a tax, and affirmed ERC's delegated authority.

Universal Charge Under EPIRA: Police Power, Not Taxation, Says Supreme Court

The Supreme Court upheld the EPIRA's Universal Charge as a valid police power exaction, not a tax, and found no undue delegation of legislative authority.

Upholding Ethical Conduct: Disciplining Court Personnel for Misconduct and Neglect of Duty

The Supreme Court suspended a sheriff and fined a clerk for demanding unauthorized fees and delaying court records, reinforcing accountability in the judiciary.

Deposition Deadlines in Intra-Corporate Cases: Philippine Computer Solutions v. Hernandez

The Supreme Court clarifies the 15-day discovery period under the Interim Rules on Intra-Corporate Controversies and the rule on interlocutory orders.

Sovereign Solvency: Why the Republic Is Exempt From Attachment Bond Requirements

The Supreme Court affirms that the Republic of the Philippines, as a sovereign, is exempt from posting attachment bonds in civil cases.

Contempt of Court and Lawyer Accountability: The Roxas Case

A lawyer's intemperate letter to a Supreme Court Justice led to a P30,000 fine for indirect contempt and a reminder of professional ethics.

Sheriffs Authority Limits On Enforcing Barangay Settlements

When can sheriffs enforce a barangay amicable settlement? The Supreme Court clarifies the limits of sheriff authority in Solway v. Pascasio.

Losing the Right to Appeal: The Importance of Following Election Rules in Electric Cooperatives

A Supreme Court ruling on election contests shows why strict compliance with procedural rules in electric cooperative elections is non-negotiable.

Robbery With Homicide: When Intent to Rob and Resulting Death Define the Crime

The Supreme Court clarifies the elements of robbery with homicide, why attempted murder is absorbed, and the penalties imposed.

Custody Habeas Corpus: Family Courts and the Court of Appeals Share Jurisdiction

The Supreme Court clarifies that family courts do not have exclusive jurisdiction over habeas corpus petitions involving child custody disputes.

Price Certainty in Real Estate Sales: When a "Yes" Is Not Enough

Philippine Supreme Court clarifies that a contract of sale requires a definite price; vague terms and unresolved payment details prevent perfection.

Custody of Minors and Habeas Corpus: Understanding Court Jurisdiction in the Philippines

The Supreme Court clarifies that family courts and the Court of Appeals share concurrent jurisdiction over habeas corpus petitions involving custody of minors.

Marital Violence Establishing Guilt Beyond Reasonable Doubt IN Parricide Cases

A husband who stabbed his sleeping wife was convicted of parricide. The Supreme Court affirmed the conviction and clarified the rules on child testimony, treachery, and damages.

Finality of Judgments: When Persistence Becomes Contempt of Court

A lawyer's relentless attacks on a final Supreme Court ruling led to indirect contempt. Learn the limits of fair criticism.

Treachery Defined: The Element of Surprise in Criminal Law

The Supreme Court explains treachery as a sudden, unexpected attack, using a husband stabbing his sleeping wife as the defining example.

Concurrent Jurisdiction Safeguarding Minors Across Regions in Habeas Corpus Cases

The Supreme Court clarifies that family courts share concurrent jurisdiction with the Court of Appeals and Supreme Court in habeas corpus cases involving custody of minors.

Authentication or Bust: When Private Documents Need Proof to Fly in Court

Philippine Supreme Court ruling on why private documents like audited financial statements must be authenticated before courts can admit them as evidence.

Lease or Disguised Sale: Recto Law Protects Lessees in Equipment Financing Agreements

When is a lease really a sale? The Supreme Court explains how the Recto Law shields lessees in disguised financing deals.

Petty Thievery and Breach of Trust: Accountability for Court Personnel

Explore the Supreme Court's firm stance on court personnel accountability, emphasizing integrity and the severe consequences of misconduct.

Custody Disputes: Why a Mother's Fitness Prevails for Children Under Seven

Philippine Supreme Court clarifies the tender-age presumption in custody disputes, affirming a mother's right to sole custody absent compelling evidence of unfitness.