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Showing 18817–18840 of 19,300 articles for “eme”

Piercing the Corporate Veil: When Sequestration of Assets Survives Technical Defects

The Supreme Court clarifies when sequestered corporations must be impleaded and whether a single PCGG commissioner can validly issue a sequestration order.

Proving Employer-Employee Relationship in Philippine Labor Law

Understand the four-fold test for employer-employee relationship in the Philippines, explained through the Supreme Court's ruling in Progress Homes v. NLRC.

Constructive Trusts Protecting Beneficiaries From Abuse OF Confidence

Philippine Supreme Court ruling on constructive trusts, fiduciary duty, and remedies for abuse of confidence in property relations.

Recall Elections: Understanding the 25% Voter Requirement in the Philippines

Philippine law requires at least 25% of registered voters to initiate a recall petition. The Supreme Court explains why one person cannot start it.

Extended Leases Balancing Equity AND Contractual Obligations IN Property LAW

Philippine Supreme Court ruling on extending lease terms beyond contract expiry, balancing equity and contractual freedom in property law.

Perfecting Labor Appeals: Can a Real Estate Bond Substitute for Cash or Surety?

Philippine Supreme Court ruling on whether a real estate bond can perfect an employer's appeal to the NLRC under Article 223 of the Labor Code.

Anti-Graft Law: Delay in Official Action and Extortion Under RA 3019

Explaining the Supreme Court ruling on delay of official action and extortion under the Anti-Graft Law, Section 3(f) of RA 3019.

Paid-Up Capital Meaning in Philippine Corporations and Wage Order Exemptions

Learn how the Supreme Court defined paid-up capital in MSCI v. NWPC, affecting distressed employer wage order exemptions.

Rape Conviction Upheld: Force and Consent Under Philippine Law

The Supreme Court explains why a "sweethearts" defense does not negate force in rape, and how resistance is measured.

Redeemable Preferred Shares: When Can a Corporation Refuse Redemption? Philippine Law Explained

Philippine Supreme Court explains when a corporation may refuse to redeem preferred shares, and why stockholders cannot compel redemption.

Exhaustion of Administrative Remedies: When Can You Skip It

Philippine Supreme Court ruling on when courts may excuse failure to exhaust administrative remedies, and why premature court actions get dismissed.

Judicial Ethics: When a Judge's Actions Lead to Forfeiture of Retirement Benefits

A Philippine Supreme Court ruling explains when a judge's misconduct can result in losing all retirement benefits, even after retirement.

Indirect Contempt in the Philippines: Due Process and Enforcement of Court Orders

Explaining indirect contempt under Rule 71, due process requirements, and how courts enforce final orders through summary proceedings.

Ejectment Suits: When Can a Landowner Reclaim Property From Someone Living There

Philippine Supreme Court ruling on when a landowner can eject occupants by tolerance, and the legal limits of guardians' authority.

Ejectment of Possessors by Tolerance: Guardians, Wills, and Unlawful Detainer

Philippine Supreme Court clarifies when a guardian may eject possessors by tolerance, and why an unprobated will does not defeat an unlawful detainer suit.

Retroactive Application of Penalties: When Can Criminal Sentences Be Reduced

Philippine Supreme Court explains when reduced criminal penalties apply retroactively, using a drug case as an example.

Shared Guilt Establishing Conspiracy in Robbery With Homicide Under Philippine Law

When does a getaway accomplice become liable for murder? Philippine law on conspiracy in robbery with homicide explained through a Supreme Court ruling.

Rape Conviction Upheld: The Power of Intimidation and Victim Testimony

Philippine Supreme Court affirms rape convictions based on credible victim testimony, intimidation by scythe, and rejection of alibi defenses.

Rape Conviction Affirmed: Intimidation and the Weight of Positive Identification

Philippine Supreme Court affirms rape convictions despite lack of struggle or medical certificate, ruling intimidation and positive identification suffice.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Obeying Orders: Understanding Criminal Liability for Public Officials in the Philippines

A 1997 Supreme Court ruling clarifies the Ombudsman's power to investigate and prosecute public officials, explaining how criminal liability attaches.

Laches and Prescription in Land Cases: What the Supreme Court Said in Españo v. Court of Appeals

The Supreme Court explains why laches and prescription are factual defenses that usually require full trial, not summary dismissal.

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.

Mortgage Foreclosure Surplus: Mortgagor Rights to Excess Bid Proceeds in the Philippines

Philippine Supreme Court ruling on mortgagor rights to surplus proceeds from extrajudicial foreclosure sales and writ of possession.