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Showing 11905–11928 of 19,296 articles for “eme”

Due Process in Administrative Cases: Supreme Court Upholds Right to Hearing for Court Personnel

Philippine Supreme Court ruling on sheriff's administrative liability clarifies due process, procedural rights, and penalties for inefficiency, tardiness, and insubordination.

Reimbursement Rights for Conjugal Improvements: Who Pays After the Property Is Sold

A widow sought reimbursement for conjugal improvements from the buyers of her late husband's property. The Supreme Court explains why the claim must be directed against the estate, not the purchasers.

Timber License vs Contract: DENR Authority Over Forest Resources

Supreme Court ruling on whether a timber license agreement and presidential warranty create vested rights against DENR's regulatory authority over forest resources.

Novation and Insurance Claims: Contractual Obligations in Secured Transactions

When a mortgaged car is carnapped, does insurance payment extinguish the loan? The Supreme Court clarifies novation rules.

Breach of Trust Rape Conviction Upheld Despite Claims of Consensual Relationship in Stepfather Stepdaughter Ca

Supreme Court affirms stepfather's rape conviction, rejecting the "sweetheart theory" defense and ruling that a minor victim's fear and moral ascendancy explain her submission.

Sheriffs Authority Limits and Liabilities in Property Demolition in the Philippines

When can a sheriff demolish property during execution? The Supreme Court clarifies the limits of a sheriff's authority and liability in demolition cases.

Check Dishonor Liability: Fault Determines Who Bears the Loss

When a bank's own qualified endorsement causes a check's dishonor, it cannot recover from prior endorsers under the Negotiable Instruments Law.

Conjugal Partnership and Surety Agreements: When a Spouse's Guaranty Does Not Bind the Family

When a husband signs a surety agreement for a third party, the conjugal partnership is not automatically liable. Here's why.

Liability IN Illegal Strikes Determining Employee Involvement AND Employer Responsibility

Execution Pending Appeal: Spouse's Illness Not Enough Ground for Immediate Enforcement

Supreme Court rules a spouse's illness is not a "good reason" for execution pending appeal, requiring exceptional urgency and proper judicial determination of amounts.

Solidary vs Ultimate Liability: Protecting Workers' Rights in Contracting Agreements

Philippine Supreme Court ruling on solidary liability of principals and contractors under labor contracting arrangements.

Reinstatement TO Former Position Ensuring Employee Rights After Illegal Dismissal

Breach of Trust, Managerial Negligence, and the Scope of Employer Prerogative in Dismissal

When can a bank dismiss a manager for loss of trust and confidence? The Supreme Court clarifies the rule on managerial negligence.

Sublease Rights: When Lessor's Written Consent Is Not Required

Philippine Supreme Court clarifies when a lessee may sublease without the lessor's written consent, distinguishing sublease from assignment of rights.

Neglect of Duty in Public Service: Standards for Process Servers in the Philippines

The Supreme Court defines simple neglect of duty for process servers, emphasizing their vital role in the justice system and the penalties for failing to serve court processes diligently.

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.

Holographic Wills Recognizing Testamentary Intent Beyond Formal Titles IN Philippine LAW

Philippine Supreme Court ruling on how courts determine testamentary intent in holographic wills, beyond formal titles and designations.

Holographic Wills and Disinheritance: Reconciling Intent With Legal Formalities in Estate Succession

When is a disinheritance document a valid holographic will? The Supreme Court clarifies probate rules, preterition, and testamentary intent.

Security Deposits in Lease Agreements: Clarifying Lessee and Sub-Lessee Obligations

Philippine Supreme Court clarifies when security deposits must be returned and what lessors must prove to withhold them.

Regular vs Project Employment: Security of Tenure Prevails Over Contractual Loopholes

Supreme Court rules that continuous work in vital tasks makes an employee regular, not project, despite contracts and agency schemes.

Interest on Loans and the Necessity of Written Agreements for Enforceability

Philippine Supreme Court ruling on double sales, good faith, and why written contracts matter for property and loan enforceability.

Dishonesty in Public Service: Consequences of Misconduct and Abandonment of Duty

The Supreme Court affirms that the Ombudsman can impose penalties directly, and that dishonesty by accountable officers warrants dismissal from service.

When Can a Prosecutor Dismiss Cases Without Ombudsman Approval? Soriano v. Marcelo

The Supreme Court clarifies when city prosecutors may dismiss cases against public officers without Ombudsman approval, and what constitutes grave abuse of discretion.

Novation in Property Sales: When a Deed of Absolute Sale Supersedes a Conditional Sale

Explaining when a later deed of absolute sale novates or supersedes an earlier conditional sale, based on a Philippine Supreme Court ruling.