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Showing 12049–12072 of 19,297 articles for “eme”

New Trial After Final Judgment: The Dinglasan Case on B.P. 22 and Procedural Remedies

When can a convicted accused seek a new trial based on newly discovered evidence? The Supreme Court explains the limits.

Dilatory Tactics and the Five-Year Rule: When Delaying Execution Backfires

The Supreme Court condemns a losing party's dilatory tactics that delayed execution of a final judgment for years, clarifying the five-year rule on execution by motion.

Finality Prevails: Why Attempts to Reopen a Settled Bouncing Checks Case Fail

The Supreme Court explains why final judgments cannot be reopened through belated claims of newly discovered evidence in a B.P. 22 case.

Protecting Child Victims: Balancing Privacy and Public Access in Abuse Cases

The Supreme Court's ruling in People v. Cabalquinto protects child abuse victims' identities while affirming a father's rape conviction.

Falsification vs Estafa: Distinguishing Falsification of Private Documents From Estafa

Philippine Supreme Court clarifies when forging signatures in cash vouchers is falsification of private documents and when it becomes estafa.

Civil Liability After Acquittal: When Does a Defendant Still Owe?

Philippine Supreme Court ruling on when an acquittal in BP 22 cases still leaves the defendant civilly liable.

Possession vs Ownership: Choosing the Right Court Action for Property Disputes

Learn from a Supreme Court case why possession and ownership require different legal actions, and why choosing the wrong remedy can be fatal.

Just Compensation and Due Process: Protecting Landowners from Unjustified Government Taking

Philippine Supreme Court ruling on just compensation and due process in expropriation cases, protecting landowners' property rights.

Missed Deadlines Lost Refunds: The Importance of Timely Filing in Tax Disputes

A Supreme Court ruling underscores that missed deadlines and counsel's negligence can bar tax refund claims, emphasizing the finality of judgments.

Successional Rights OF Illegitimate Children Clarifying Waiver AND Filiation Requirements

Attorney Negligence Does NOT Automatically Justify Judgment Annulment

Supreme Court clarifies that a lawyer's negligence does not automatically justify annulment of a final judgment, especially when the wrong remedy is used.

Sheriff Fined for Bypassing Raffle Rules in Publishing Court Notices

Supreme Court holds sheriff liable for distributing legal notices to newspapers without the raffle required by P.D. 1079.

Illegal Dismissal Claims: When Early Retirement and Unapproved Leave Bar Recovery

A professor's claim of illegal dismissal fails after voluntary early retirement and unapproved leave. Learn the legal rules.

Real Property Tax Refund: Illegality of Assessment and the Proper Claim Procedure

A Supreme Court ruling clarifies that an invalid real property tax ordinance entitles taxpayers to refunds, but claims must follow the Local Government Code's procedure.

Truth in Advocacy: Lawyer Sanctioned for Misleading Statements in Court

The Supreme Court suspends a lawyer for two months for falsely telling a judge that a settlement existed, reaffirming a lawyer's duty of candor.

Ejectment Proceedings Ownership Disputes DO NOT Oust Metropolitan Trial Court Jurisdiction

The Supreme Court clarifies that raising ownership issues in an ejectment case does not divest the Metropolitan Trial Court of jurisdiction over possession disputes.

Upholding Public Trust: Disciplinary Actions for Habitual Tardiness Among Supreme Court Employees

The Supreme Court clarifies that habitual tardiness violates the public trust, imposing suspensions and reprimands on erring employees.

Sheriff's Dishonesty Leads to Dismissal: Upholding Integrity in Court Service

Supreme Court dismisses sheriff for extorting money from litigant, reaffirming strict standards of honesty for court personnel.

Upholding Company Policies: Dismissal for Improper Stock Documentation

The Supreme Court upheld an employee's dismissal for violating a company policy on stock documentation, clarifying willful disobedience and due process in labor cases.

Challenging Illegal Searches and Evidence Admissibility in Philippine Drug Cases

Learn how the Supreme Court handles illegal search claims and evidence admissibility in drug possession cases under Philippine law.

Abandonment of Work: Proving Intent to Sever Employment in Philippine Labor Law

Explaining when absence becomes abandonment under Philippine law, using the Supreme Court's ruling in Aliten v. U-Need Lumber.

Accountability in Public Office: Canvassers' Duty of Care in Elections

Philippine Supreme Court ruling on election canvassers' liability for certifying padded votes, and the ethical duties of lawyers in public service.

Estate Settlement When Probate Courts Cant Decide Ownership Disputes

Learn how Philippine courts handle land registration disputes, including the need for original tracing cloth plans and clear evidence of ownership.

Supreme Court: Probable Cause for Libel Despite Fair Comment Defense

SC reinstates libel case over article on minor's underwear, ruling fair comment defense needs full trial.