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Showing 12769–12792 of 19,298 articles for “eme”

Chattel Mortgage vs Installment Sales: Creditor Remedies in the Philippines

Philippine Supreme Court clarifies when a creditor may collect the unpaid balance after repossessing a vehicle under a chattel mortgage.

When Are Clients Bound by Their Lawyer’s Actions? Philippine Supreme Court Explains

Philippine Supreme Court ruling explains when a client is bound by a lawyer's negligence or refusal to receive court notices.

Ejectment vs Tenancy: When Can a Landowner Evict a Tenant From a Building on Agricultural Land

A tenant on agricultural land may still be evicted from a building on it. The Supreme Court explains why in Ramos v. Stateland.

Gross Ignorance of the Law: When Can a Judge Be Held Liable

Philippine Supreme Court ruling on when judges face administrative liability for judicial errors, gross ignorance, and misconduct.

Barangay Conciliation: Why a Settlement Agreement Cannot Replace the Lupon Requirement

Learn from Berba v. Pablo why a barangay settlement with one party does not excuse mandatory conciliation before filing an ejectment suit.

When Tenancy Claims Don't Oust MTC Jurisdiction Over Unlawful Detainer

Philippine Supreme Court clarifies that raising tenancy as a defense doesn't automatically strip MTC jurisdiction over unlawful detainer cases involving structures.

Tenancy Rights vs Overseer Status: What Philippine Agrarian Law Requires

Philippine Supreme Court clarifies the six requisites of agricultural tenancy and why being an overseer or paid farmhand does not make one a tenant.

Separate Legal Claims WHY Improper Case Consolidation Violates DUE Process

Why the Supreme Court ruled that separate libel complaints against a publisher cannot be consolidated against one defendant without violating due process.

Torrens Title vs Adverse Possession: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling clarifies how registered land under the Torrens system is protected against adverse possession claims.

Employee Dismissal Illegal Overseas Call Involvement AND DUE Process Rights

PLDT v. Tiamson: dismissal for illegal overseas call connection requires substantial evidence, not just unauthenticated affidavits and unsigned printouts.

Indefeasibility of Title: Prior Registration Prevails in Land Ownership Disputes

The Supreme Court clarifies that prior registration and indefeasibility of title prevail over claims of ownership based on unregistered possession.

Employer Liability for Illegal Recruitment Despite Agency Licensing

Philippine Supreme Court rules licensed agency's crewing manager can be liable for large scale illegal recruitment.

Territorial Jurisdiction in Estafa Cases: Where the Crime Must Be Proven

In estafa cases, venue is jurisdictional. The Supreme Court explains why the prosecution must prove where the fraud occurred.

Judicial Contempt Limits on Punishment and Due Process Rights

Supreme Court clarifies limits on a judge's contempt power, including maximum penalties and the right to post bond.

When Can a Subordinate's Actions Be Excused? Lessons from Challenge Socks v. Buguat

Philippine Supreme Court clarifies when habitual neglect justifies dismissal and why procedural due process still matters in employee termination.

Habitual Absenteeism and Neglect of Duty: When Is Termination Justified in the Philippines

The Supreme Court explains when habitual absenteeism and neglect of duty justify dismissal, and the price employers pay for skipping due process.

Establishing Agricultural Tenancy: Key Elements and Landowner Rights in the Philippines

Philippine Supreme Court clarifies the indispensable elements of agricultural tenancy and when courts, not DARAB, have jurisdiction over ejectment cases.

Illegal Dismissal and Optional Retirement: The Ondevilla Ruling on Employee Rights

Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and separation pay in Ondevilla v. Colegio de San Juan de Letran.

Preliminary Injunction Against MMDA Billboards: Protecting Contractual Rights Pending Trial

Supreme Court affirms preliminary injunction stopping MMDA from dismantling MRT 3 billboards, protecting Trackworks' contractual advertising rights pending trial.

Land Retention Rights Under Agrarian Reform A Landowners Guide

The Supreme Court explains the five-hectare retention limit under RA 6657 and when a landowner's property may be exempt from CARP coverage.

Injunction Against Government Interference: Protecting Contractual Advertising Rights

Supreme Court ruling on when courts may issue preliminary injunctions to protect contractual rights from government interference in advertising agreements.

Tax Credit Claims: Time Limits and Exceptions for Advance Payments

Philippine Supreme Court ruling on tax credit claims for advance income tax payments, and when the two-year prescriptive period may not apply.

Judicial Accountability: When a Judge's Leniency Becomes Misconduct

Supreme Court clarifies when a judge's liberal grant of postponements and procedural lapses constitute administrative liability, not gross ignorance of law.

Dismissal Due to Illness: Employers Must Secure Medical Certification

Philippine Supreme Court ruling on Manly Express v. Payong clarifies employer obligations when terminating employees due to disease or illness.