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Showing 15577–15600 of 19,299 articles for “eme”

Who Can Answer a Request for Admission? Rule 26 and Legal Representation

Philippine Supreme Court clarifies whether a lawyer may answer a request for admission for a client under Rule 26 of the Rules of Court.

Tax Assessment vs Collection Notices: Due Process in Real Property Tax Disputes

Supreme Court clarifies the vital distinction between tax assessment and collection notices, and what this means for taxpayers' remedies.

Upholding Surety Agreements: Corporate Debts Bind Individual Guarantors

Supreme Court ruling on when corporate officers who sign surety agreements become personally liable for corporate debts.

Corporate Dissension and the Limits of Rescission: How Investment Disputes Can Trigger Liquidation

Explore how corporate dissension can lead to liquidation, the limits of rescission in investment disputes, and key legal principles from a Philippine Supreme Court ruling.

Sequestration and Due Process: Prima Facie Basis for Government Action

The Supreme Court upholds Sandiganbayan's lifting of sequestration over HMHMI for lack of prima facie factual basis, reinforcing due process.

Due Process in Bail Hearings: The Prosecution's Right to Present Evidence

The Supreme Court nullified a bail grant because the trial court denied the prosecution its day in court, reaffirming that bail hearings must respect due process for both sides.

Local Union Disaffiliation Rights: Philippine Skylanders vs NLRC Explained

Supreme Court ruling on local unions' right to disaffiliate from mother federations, and when disaffiliation is valid under Philippine labor law.

Bouncing Checks and Broken Promises: Estafa and BP 22 in the Philippines

A Supreme Court ruling explains when a bouncing check leads to both estafa and BP 22 violations, and how penalties are computed.

Union Disaffiliation and Freedom of Association: Philippine Skylanders v. NLRC

When can a local union validly disaffiliate from its mother federation? The Supreme Court explains in Philippine Skylanders v. NLRC.

Expediting Justice: Holding Judges Accountable for Case Delays

The Supreme Court affirms sanctions against a Sandiganbayan Presiding Justice for gross inefficiency, underscoring that judges must decide cases within 90 days.

Escheat Proceedings and the 5-Year Limit on Claiming Property After State Intervention

Philippine Supreme Court ruling on the 5-year statute of limitations for claiming property after escheat proceedings, explained in plain language.

Void Proclamation: The Limits of Canvassing Authority and Protecting Electoral Integrity

When may a board of canvassers proclaim a winner despite an appeal? The Supreme Court explains void proclamations under Section 20(i), RA 7166.

Finality Prevails: Challenging Fishpond Lease Agreements and Res Judicata

A look at how the Supreme Court upheld finality of administrative rulings on fishpond leases, barring belated challenges via certiorari.

Moral Damages in Breach of Contract: Proof of Loss and Bad Faith Under Philippine Law

The Supreme Court in BPI v. Leobrera explains why moral damages require proof of bad faith and a pleaded amount, and why courts cannot award what was never claimed.

Appointment vs Reassignment: Clarifying the Role of Local School Boards in Superintendent Designations

The Supreme Court clarifies when local school board consultation is required for schools division superintendent designations, distinguishing appointment from reassignment.

Perfected Contracts and Presidential Approval: Clarifying the Boundaries in Philippine BOT Agreements

The Supreme Court clarifies when a BOT contract is perfected, the role of presidential approval, and why certiorari cannot substitute for a lost appeal.

Parental Authority vs Incestuous Abuse: Why a Guilty Plea Did Not Ensure the Death Penalty

The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the Information failed to state the victim's exact age.

When Landowners Admit Tenancy: Consent and the Right of Redemption Under RA 3844

The Supreme Court rules on how a landowner's admission of tenancy can establish a tenant's right of redemption under the Agricultural Land Reform Code.

Dismissal of Administrative Cases Against Judges: Upholding Judicial Integrity and Curbing Frivolous Complaint

Supreme Court dismisses administrative complaint against Judge Angeles for failure to prosecute, protecting judges from frivolous cases and preserving judicial integrity.

Amendment of Information After Plea: Balancing Procedural Rules and the Accused's Rights

When may a court allow amendment of an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Treachery Defined: Sudden and Unexpected Attacks in Murder Cases

The Supreme Court explains treachery in murder cases, showing how sudden, unexpected attacks deprive victims of any chance to defend themselves.

Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process

When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions

When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.

Upholding Integrity in Public Service: Accountability for Negligence and Incompetence in the Judiciary

Court personnel must meet strict standards of efficiency and integrity. Learn from a Supreme Court ruling on gross negligence and incompetence.