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Showing 5809–5832 of 19,293 articles for “eme”

Beyond the Sale: Illegal Delivery of Drugs Under Philippine Law

The Supreme Court clarifies that handing over drugs without payment is illegal delivery under RA 9165, not mere possession.

Search Warrants and Chain of Custody in Drug Cases: What the Posada Ruling Teaches

The Supreme Court upholds drug convictions, clarifying search warrant validity, chain of custody rules, and constitutional safeguards under RA 9165.

When a Rape Victim's Testimony Alone Can Convict: The Carrera Case

The Supreme Court affirms that a credible rape victim's testimony, even without corroborating physical evidence, can establish guilt beyond reasonable doubt.

Untimely Appeal: The Perils of Procedural Lapses in Labor Disputes

A Supreme Court ruling on how missing the 60-day appeal period in labor cases can cost a party the case entirely.

Bank Liability for Unauthorized Joint Account Termination: BPI v. Fernandez

Supreme Court holds banks liable for releasing joint AND/OR account funds without required certificates, citing bad faith and breach of fiduciary duty.

Demotion Reversal: Salary Differentials Despite Retrenchment and Retirement

Philippine Airlines v. Bichara clarifies that a final judgment on illegal demotion entitles an employee to salary differentials, even after retrenchment and retirement.

Torrens Title vs Mortgage Resolving Property Possession Disputes in the Philippines

Philippine Supreme Court ruling on which Torrens title prevails when property claims overlap, tracing validity to the mother title.

Breach of Trust When Messenger Becomes Thief: Qualified Theft and Carnapping in Philippine Law

A messenger who took his employer's cash and motorcycle faced both carnapping and qualified theft charges. The Supreme Court explains the distinction.

Rape Conviction Affirmed Conspiracy AND THE Standard OF Proof Beyond Reasonable Doubt

Explore how the Supreme Court acquitted a drug suspect, emphasizing that a valid warrantless arrest must precede any search incident to arrest.

Maysilo Estate Dispute Upholding Torrens System Integrity IN Land Title Conflicts

Philippine Supreme Court ruling on Torrens title indefeasibility in unlawful detainer cases, protecting registered owners from collateral attacks.

False Legal Credentials and a Lawyer's Duty of Candor to the Court

The Supreme Court suspended a lawyer for two years for using another counsel's professional details in pleadings, underscoring the duty of candor.

Excise Tax Refunds on Petroleum Products Sold to Tax-Exempt Entities in the Philippines

The Supreme Court clarifies when oil companies can claim excise tax refunds for fuel sold to tax-exempt entities like Clark Development Corporation.

When the COMELEC Cannot Decide: The Legal Effect of a Split Vote

Explaining the Supreme Court ruling on what happens when the COMELEC en banc fails to muster a majority vote in election cases.

Equitable Estoppel in VAT Refund Claims: Protection Against BIR Rulings

The Supreme Court protects taxpayers who relied on BIR Ruling No. DA-489-03, allowing premature VAT refund claims during the window period.

VAT Refund Claims: The 120-Day Rule, Equitable Estoppel, and the San Roque Window

The Supreme Court clarifies when a premature VAT refund claim may still prosper under the San Roque doctrine and equitable estoppel.

Specific Performance vs Rescission: Upholding Contractual Obligations in Land Sales

Philippine Supreme Court clarifies when specific performance prevails over rescission in land sales, protecting the injured party's choice of remedy.

Executive Judge’s Power to Act on Defective Judicial Inhibition Orders

SC clarifies that an executive judge may return a defective voluntary inhibition order to the judge, without usurping the Supreme Court’s sole power to reverse it.

Tenancy Rights: Why Landowner Consent Is Essential in Agricultural Leasehold

The Supreme Court clarifies that landowner consent is essential to create agricultural tenancy, rejecting implied tenancy claims without it.

Attorney Suspension Case Dismissed: Res Judicata and Burden of Proof in Administrative Cases

Supreme Court dismisses administrative complaint against lawyer, applying res judicata and the clear preponderance of evidence standard in disciplinary proceedings.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

Reinstatement to the Bar: Proving Remorse and Reformation After Disbarment

The Supreme Court denies a disbarred lawyer's petition for reinstatement, clarifying the strict standards for proving remorse, reformation, and fitness to rejoin the Bar.

Reckless Driving and Criminal Intent: Establishing Liability in Vehicular Accidents

Philippine Supreme Court clarifies when reckless driving rises to criminal negligence versus mere administrative liability in vehicular accidents.

Beyond Forgetfulness: Insubordination vs. Violations of Office Rules in Philippine Jurisprudence

Philippine Supreme Court clarifies the distinction between insubordination and mere violations of office rules in administrative cases.

Beyond the Rules: Distinguishing Insubordination From Simple Violation of Office Policies

Philippine Supreme Court ruling clarifies when defiance of an illegal office order is not insubordination, and what makes a detail valid.