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Showing 14833–14856 of 19,299 articles for “eme”

Supreme Court Upholds VAT Refund Law for Foreign Tourists

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection and uniform taxation.

Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession

Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.

Escrow Orders Protecting Property Rights Pending Litigation in the Philippines

Philippine courts may issue escrow orders to protect property rights during litigation. Learn the rules, requirements, and practical implications.

Quasi-Delict Liability in Vehicular Accidents: When Negligence Is Proven

A look at a Supreme Court ruling on quasi-delict liability, negligence, and vicarious liability in a vehicular accident case.

Surety Bonds and Deficiency Claims: Why Evidence of Demand and Computation Matters

Philippine Supreme Court ruling on suretyship, deficiency claims, and the need for valid demand with clear computation of amounts owed.

Cyber Libel Prescription: One Year from Discovery, Not Publication

The Supreme Court clarifies that cyber libel prescribes in one year from discovery, not publication, and settles the doctrinal value of unsigned resolutions.

Double Jeopardy and Reinstating a Dismissed Criminal Case: What the Supreme Court Says

When can a dismissed criminal case be reinstated without violating double jeopardy? The Supreme Court explains the rules on provisional dismissal.

Sheriffs Held Accountable for Neglecting Writs of Demolition

Philippine Supreme Court rules sheriffs must implement writs promptly; delays and procedural shortcuts draw fines for dereliction of duty.

Sheriff Dereliction of Duty: When Delayed Execution Violates Judicial Mandate

Philippine Supreme Court ruling on sheriffs' ministerial duty to execute writs promptly, with lessons on process server obligations.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Misrepresentation and Estafa: When Silence Isn't Golden in Property Sales

Philippine Supreme Court ruling on estafa under Article 316(2) RPC, the need for express misrepresentation, and civil liability for bad faith sales.

Procedural Rigor vs Substantial Justice: Upholding the Rules of Certiorari

The Supreme Court reminds litigants that procedural rules, including Rule 65 requirements, cannot be ignored even in cases with substantial merit.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

Accountability for Conspiracy: Identifying Active Roles in Homicide Cases

A Supreme Court ruling explains how conspiracy in homicide is proven and why all participants share equal liability for the crime.

Dismissal for Illness: Employer Must Prove Disease Grounds and Due Process

Philippine Supreme Court ruling on when an employer may validly terminate an employee due to disease, and the separation pay owed.

When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.

Breach of Contract: GSIS Liable for Failure to Return Title Despite Absence of Bad Faith

Philippine Supreme Court holds GSIS liable for breach of contract for failing to return a property title, even without bad faith. Learn the legal rules.

Co-Equal Court Rule: When a Spouse Cannot File a Separate Case to Nullify a Levy

Philippine Supreme Court explains why a spouse cannot file a separate case to nullify a levy made by a co-equal court, and when third-party claims apply.

When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.

False Promises, Broken Dreams: Illegal Recruitment and the Pursuit of Overseas Work

Illegal recruitment in large scale is a crime of economic sabotage. A Supreme Court ruling shows how false promises of jobs abroad destroy dreams.

Mortgage Release: Full Payment Trumps Bank's Restructuring Claim

Full payment of a loan obliges a bank to release the mortgage. The Supreme Court clarifies when a bank's restructuring claim fails.

Expiration of Redemption Rights: Failure to Consign Full Payment Voids Repurchase of Unregistered Land

Philippine Supreme Court ruling on why a defective consignation fails to redeem property sold with right to repurchase, and the risks of buying unregistered land.

Breach of Trust Establishing Liability for Qualified Theft in Managerial Roles

How the Supreme Court ruled that a store manager's breach of confidence constitutes qualified theft, with penalty computation explained.

Distinguishing Loan From Accommodation When Bank Negligence Leads to Liability

When is a deposit a loan or a mere accommodation? The Supreme Court clarifies the distinction and when banks face liability for employee negligence.