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Showing 12145–12168 of 19,297 articles for “eme”

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

When Courts Won't Overrule Prosecutors on Probable Cause: GlaxoSmithKline v. Malik

Philippine Supreme Court explains why courts defer to prosecutors on probable cause, using a dismissed drug case as an example.

Beyond Boundaries: How Erroneous Land Awards Undermine Property Rights and Due Process

When a buyer is evicted from purchased land, the proper remedy is warranty against eviction—not specific performance. This case explains why.

Upholding Judicial Integrity: The Consequences of Disobeying Court Orders

In Gaspar v. Judge Adaoag, the Supreme Court fined a judge P10,000 for deciding a case while suspended, stressing that its orders must be obeyed fully.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Philippine Supreme Court Upholds Consumer Rights Publication Required FOR Electricity Rate Hikes

The Supreme Court ruled that electricity rate hike applications must be published and opened for public comment, protecting consumer rights under the EPIRA.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Franchise Tax Obligations During Suspended VAT Implementation

When the Supreme Court suspends a tax law's implementation, old tax rules continue to apply. This case explains why.

Forum Shopping and Procedural Rules: Lessons from Estrera v. Demecillo

Learn how the Supreme Court clarified forum shopping rules, procedural deadlines, and due process in Estrera v. Demecillo.

Court Interpreter Cleared of Administrative Charges for Lack of Evidence

Supreme Court dismisses administrative complaint against court interpreter, stressing complainant's burden of proof in administrative cases.

Res Judicata in Philippine Courts: When Substantial Justice Overrides Procedural Bars

The Supreme Court explains when res judicata may yield to substantial justice, using De Leon v. Balinag as a guide.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.

Judicial Conduct and Mental Fitness: Ensuring Impartiality on the Bench

Philippine Supreme Court affirms removal of judge with mental unfitness and belief in "dwendes," citing judicial detachment.

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Employee Dismissal for Refusal to Work Requires Concrete Proof and Due Process

Philippine Supreme Court rules that dismissing employees for alleged refusal to work needs solid evidence and proper notice, not just accusations.

Probation and Electoral Eligibility: Resolving Conflicts Between the Probation Law and Local Government Code

The Supreme Court clarifies that probationers who have not served their sentence are not disqualified from running for local office under the Local Government Code.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Equitable Mortgage Prevails Protecting Borrowers From Disguised Loan Agreements

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

Reconstitution of Title: An Unsigned Duplicate Owner's Copy Is Not Enough

Philippine Supreme Court rules that an unsigned, unauthenticated owner's duplicate of a title cannot support judicial reconstitution under RA 26.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.