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Showing 13633–13656 of 19,299 articles for “eme”

Eminent Domain and Due Process: Protecting Property Rights in Expropriation Cases

The Supreme Court nullified Cebu City's expropriation ordinance, reaffirming that due process and strict legal compliance limit local governments' power of eminent domain.

Implied Trust and Reconveyance: When a Lawyer Holds Property for a Brother's Heirs

The Supreme Court explains when a lawyer holds property in implied trust for family, and why laches did not bar the claim.

Default Orders and Due Process: The SSS Case on Lifting Defaults

A default order isn't automatically lifted by invoking due process. Learn the strict requirements for setting it aside.

Court Personnel Smoking or Vaping in Court Premises: A Less Serious Offense

The Supreme Court holds court personnel liable for smoking or vaping within court premises, imposing fines under Rule 140.

Truth and Candor in Legal Practice: Disciplining Lawyers for Misleading the Court

A lawyer's duty of candor to courts is absolute. Learn how misleading statements led to suspension in this Philippine case.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

Habitual Tardiness in the Workplace: When Excuses Don't Excuse Accountability

Philippine Supreme Court ruling on habitual tardiness, pregnancy as an excuse, and penalties under Civil Service rules.

Reckless Imprudence and Vehicular Accidents: Proximate Cause in Philippine Criminal Law

How the Supreme Court determines proximate cause in reckless imprudence vehicular accident cases, explained through Gabriel v. Court of Appeals.

Regular vs Project Employees: SSS Coverage and Employer Obligations

Philippine Supreme Court clarifies that project employees are still covered by compulsory SSS, and employers must remit contributions regardless of tenure.

Upholding Notarial Duties Accuracy and Diligence in Legal Documentation

A lawyer-notary's failure to observe notarial formalities draws administrative sanctions, even without deceit. Learn the mandatory rules from this Philippine Supreme Court case.

Land Registration: Blueprint Plan Can Substitute for Tracing Cloth

Supreme Court clarifies that a certified blueprint plan can sufficiently identify land for registration, reversing the Court of Appeals' strict ruling.

Habitual Neglect of Duty Is Just Cause for Termination Despite Mitigating Factors

Philippine Supreme Court ruling on when habitual neglect of duty justifies dismissal, and when mitigating factors cannot save an employee.

When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure

A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.

Agrarian Dispute vs Recovery of Possession: Defining DARAB Jurisdiction

When does DARAB have exclusive jurisdiction over agricultural land cases? The Supreme Court clarifies the distinction between agrarian disputes and ordinary recovery of possession actions.

Forum Shopping and Due Process: When Technical Dismissal Crosses the Line

The Supreme Court clarifies forum shopping elements and warns against rigid technicality that denies substantive justice.

Parental Love vs Property Rights: When Family Land Disputes Reach Court

A Supreme Court ruling on ejectment between parents and children, and when a builder in good faith may claim indemnity for improvements under Article 448.

Funding Source for Judicial Retirement Benefits: General Fund vs Special Allowance Fund

The Supreme Court clarifies that retirement benefits of justices and judges, including amounts based on special allowances, must be sourced from the General Fund.

Dismissal OF Labor Disputes THE Importance OF Procedural Compliance AND Binding Agreements

Conjugal Property Sale Without Spouse's Consent Is Void: Key Ruling

Supreme Court explains when a sale of conjugal property without the other spouse's consent is void, and why a mere option to buy is not enforceable.

Judicial Conduct Limits ON Contempt Power AND Ensuring Fair Courtroom Demeanor

Judges Must Control Court Proceedings and Resolve Cases Promptly: A Lesson from A.M. No. 03-10-250-MCTC

A Supreme Court ruling reminds judges they cannot delegate control of court proceedings to clerks or litigants, and must resolve cases promptly.

Upholding Work Ethic Consequences for Habitual Tardiness in Public Service

Philippine Supreme Court ruling on habitual tardiness in public service, penalties, and why family excuses don't excuse chronic lateness.

Sheriff’s Duty and Accountability in Implementing Writs of Execution and Handling Funds

A sheriff’s duty to execute writs is ministerial, but prudence is required when third-party claims arise. The Court warns against negligence.

Cable TV Rates: NTC Has Exclusive Power Over Local Government Authority

Supreme Court ruling on whether local governments can regulate cable TV subscriber rates, clarifying NTC's exclusive authority.