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Showing 6985–7008 of 19,293 articles for “eme”

Protecting Vulnerable Victims: Admissibility of Testimony From Persons With Mental Retardation in Rape Cases

The Supreme Court affirms that persons with mental retardation can be credible witnesses in rape cases, provided they understand questions and testify clearly.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

When a Buy-Bust Conviction Stands: The Weight of Police Testimony in Drug Cases

A Supreme Court ruling explains why a buy-bust team's testimony can convict a drug seller, and when courts will respect that credibility finding.

Positive Identification and Conspiracy in Murder and Frustrated Murder Convictions

The Supreme Court affirms murder and frustrated murder convictions based on positive identification, conspiracy, and treachery in People v. Maglente.

Employer's Duty to Recall Employees After Six-Month Suspension of Operations

Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.

Judicial Clemency in the Philippines: What Judges Must Prove to Return to the Bench

The Supreme Court denies a former judge's plea for judicial clemency, clarifying the strict requirements for reformation and remorse.

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

COA Primary Jurisdiction Over Money Claims Against LGUs: The Province of Aklan Case

The Supreme Court clarifies that money claims against local government units must first be filed with the Commission on Audit, not the regular courts.

Written Demand and Unlawful Detainer: Protecting Landowners From Unauthorized Property Sales

A Supreme Court ruling clarifies when a written demand triggers ejectment and why an unconstitutional decree cannot justify continued possession.

Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires

The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.

Buy-Bust Operations and the Integrity of Drug Evidence in Illegal Sale Cases

The Supreme Court affirms a drug sale conviction, explaining the elements of the offense and why minor lapses in evidence handling do not automatically acquit.

Good Faith and Public Office: Reassessing Graft and Corruption in Philippine Law

The Supreme Court clarifies that good faith and lack of manifest partiality can defeat graft charges under RA 3019.

Judicial Clemency in the Philippines: What Judges Must Prove to Return to the Bench

Philippine Supreme Court denies former judge's plea for judicial clemency, clarifying the strict requirements for reformation and remorse.

Kidnapping for Ransom: How Conspiracy and Flight Establish Criminal Liability

Philippine Supreme Court ruling on kidnapping for ransom, conspiracy liability, and damages in People v. Niegas.

Upholding Attorney Duty Truthfulness in Legal Filings and the Scope of Disciplinary Actions

The Supreme Court clarifies that bad faith in graft cases requires dishonest purpose, not mere error or negligence.

Homicide vs Murder: When a Sudden Attack Lacks Treachery in Philippine Law

The Supreme Court explains when a sudden, spontaneous attack with a beer bottle is homicide, not murder, for lack of treachery.

Contractual Obligations Upholding Written Agreements in Property Sales

Supreme Court ruling on unlawful detainer, unconstitutional decrees, and good faith in property possession disputes.

Mutuality of Contracts When Banks Unilaterally Impose Interest Rates

Philippine Supreme Court ruling on when banks cannot unilaterally impose interest rates, and the legal interest that applies.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Elections and Financial Regulations: Analyzing the Limits of Comelec's Authority

The Supreme Court dismissed a challenge to Comelec's money ban resolution as moot, leaving key constitutional questions unanswered.

Real Property Tax on Franchise Holders: When Tax Exemptions Apply

Supreme Court rules on real property tax exemptions for franchise holders, explaining what "exclusive of this franchise" means under RA 7678.

Right to Silence in Custodial Investigations: What People v. Guillen Means for Accused Persons

The Supreme Court clarifies that silence during custodial investigation cannot be used as implied admission of guilt against an accused.

Proving the Victim's Age in Statutory Rape Cases: Lessons from People v. Hilarion

The Supreme Court clarifies how the prosecution must prove a rape victim's age, and why the failure to do so downgrades statutory rape to simple rape.

Common Carriers vs Arrastre Operators: Who Bears Liability for Cargo Damage?

Philippine Supreme Court clarifies when a common carrier's custody of cargo ends and an arrastre operator's begins, and when customs brokers become common carriers.