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Showing 13729–13752 of 19,299 articles for “eme”

Procedural Deadlines Matter: Why Second Extension Motions Can Sink Your Appeal

Philippine Supreme Court ruling on why a second motion for extension to file an appeal can be fatal, and what litigants must know about Rule 42 deadlines.

Seafarer Re-Employment Bonus: Proving Vessel Classification for Incentive Claims

Philippine Supreme Court ruling on seafarer re-employment bonus claims, burden of proof for vessel classification, and contractual status of seafarers.

Upholding Integrity: Dismissal for Dishonesty in Court Fund Handling

The Supreme Court dismisses a clerk of court for gross dishonesty and unauthorized withdrawals from the judiciary's fiduciary fund in a landmark accountability ruling.

When Courts May Relax Procedural Rules: The Notice of Hearing Requirement

Philippine Supreme Court explains when courts may relax procedural rules like the notice of hearing requirement, balancing technicality against substantial justice.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

Power Lines and Property Rights: Determining Just Compensation for Easements

When power lines cross private land, is the owner owed an easement fee or full property value? The Supreme Court clarifies.

Burger Battle: Protecting Trademarks and Preventing Unfair Competition in the Philippines

Philippine Supreme Court clarifies trademark infringement and unfair competition tests in the McDonald's "Big Mac" vs. "Big Mak" case.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Bouncing Checks and Broken Promises: Proving Guilt in B.P. 22 Cases

A Supreme Court ruling explains how photocopies of bounced checks can convict a drawer under B.P. 22, and when imprisonment is proper.

Notice Requirements in Foreclosure: When Lack of Specificity Matters

Philippine Supreme Court ruling on when failure to allege lack of publication in foreclosure complaints bars relief for mortgagors.

Electricity Disconnection and Due Process: Meralco's Duty to Reconnect

When can a power company disconnect service, and what remedies exist? The Igot case explains due process, injunction bonds, and contempt jurisdiction.

Tenant Rights vs Landowner Claims: Forfeiture for Unpaid Dues Under PD 816

Supreme Court ruling on tenant forfeiture of land transfer rights for unpaid amortizations under PD 816 and PD 27 coverage.

Establishing Land Ownership The Critical Role of Property Identification in Acquisitive Prescription

Philippine Supreme Court ruling on why identifying the exact property is essential before claiming ownership through acquisitive prescription.

Speedy Disposition vs Public Justice: Balancing Rights in Anti-Graft Cases

The Supreme Court balances the right to speedy disposition against the public's right to justice in anti-graft cases, clarifying when delay may be excused.

Actual Occupancy vs Possession in SSS Housing: Contract Terms Govern

Supreme Court clarifies that "actual occupancy" differs from "possession" in SSS housing contracts, allowing rescission for breach.

Strict Enforcement of the 60-Day Rule in Certiorari Petitions: Prudential Guarantee v. Court of Appeals

The Supreme Court affirms dismissal of a late certiorari petition, underscoring the mandatory and inextendible 60-day period under Rule 65.

Reconstitution of Lost Titles: The Imperative of Primary Evidence and Due Diligence in Land Registration

Philippine Supreme Court ruling on reconstitution of lost titles, emphasizing primary evidence requirements and due diligence in land registration cases.

Judicial Immunity Shielding Judges From Baseless Administrative Complaints

When can judges be disciplined for erroneous rulings? The Supreme Court clarifies judicial immunity and the limits of administrative complaints.

Retirement Benefits and Special Allowances: When the Law's Date of Implementation Controls

Explaining when special allowances for judges count toward retirement benefits, based on a 2004 Supreme Court ruling on R.A. 9227.

Abandonment vs Illegal Dismissal: Employee Rights and Separation Pay

When does failure to report for work become abandonment, not illegal dismissal? A Supreme Court ruling explains the difference.

Forged Signatures and Bank Liability: Protecting Depositors in Check Transactions

When a bank pays out on a forged check, who bears the loss? The Supreme Court clarifies the rules on bank liability under Philippine law.

Trust AND Title Upholding Heir Rights Despite Torrens Registration

Supreme Court voids a deed transferring conjugal land to illegitimate children, ruling Torrens titles cannot cure a void contract.

Void Deeds: Consent and the Limits of Property Transfer in the Philippines

When is a property deed void? The Supreme Court explains consent, donations, and why a flawed transfer can be challenged anytime.

Statute of Frauds and Verbal Sales of Real Property in the Philippines

Philippine Supreme Court explains when verbal agreements to sell real property may be enforceable despite the Statute of Frauds.