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Showing 7105–7128 of 19,293 articles for “eme”

Guilty Pleas and Kidnapping for Ransom: The Improvident Plea Doctrine in Philippine Law

The Supreme Court explains when a guilty plea to a capital offense is improvident, and how independent evidence can still sustain a conviction.

Local Government Authority vs Property Rights: Valid Ordinance Enforcement

Supreme Court clarifies when local ordinances are presumed valid and enforceable, balancing municipal authority against property rights claims.

Demurrer to Evidence Denials and the Limits of Certiorari in Anti-Graft Cases

When can a denied demurrer to evidence be overturned? The Supreme Court clarifies the high bar of grave abuse of discretion.

Foreign Land Ownership: No Reimbursement for Unconstitutional Purchases

A foreigner who knowingly violates the constitutional ban on land ownership cannot recover the purchase price, even under equity or unjust enrichment claims.

Breach of Trust Justifying Dismissal for Supervisors in the Philippines

Philippine Supreme Court clarifies when supervisors may be validly dismissed for loss of trust and confidence, applying the totality of infractions rule.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials

The Supreme Court clarifies that minor lapses in drug evidence handling do not automatically invalidate a conviction if the chain of custody remains intact.

Upholding Justiciable Controversy: The Human Security Act and Limits of Declaratory Relief

The Supreme Court clarifies when courts may hear constitutional challenges to the Human Security Act, emphasizing the need for actual, ripe controversies.

Upholding Agrarian Reform Land Use and CARP Exemption Requirements

The Supreme Court clarifies when agricultural lands can be exempt from CARP coverage, emphasizing exclusive livestock use as of June 15, 1988.

Protecting Possessory Rights When A Writ Of Possession Clashes With Third Party Claims

Understand how Philippine courts resolve property disputes when a writ of possession faces third-party claims, based on a landmark Supreme Court ruling.

Exemption From CARP Coverage: Proving Exclusive Livestock Use Under RA 6657

The Supreme Court clarifies when agricultural lands may be exempt from agrarian reform coverage for livestock raising under RA 6657.

Exemption from CARP Coverage: Proof of Exclusive Livestock Use Required

A landowner claiming exemption from agrarian reform must prove exclusive livestock use as of June 15, 1988. The Supreme Court clarifies the evidentiary standard in DAR v. BATCO.

The Weight of Witness Testimony: Conviction on Circumstantial Evidence in Rape Cases

How Philippine courts weigh witness credibility and circumstantial evidence in rape convictions, explained through a 2013 Supreme Court ruling.

Taxpayer Standing in Philippine Law: Protecting Public Funds Through Legal Action

Explaining the Supreme Court's ruling in Remulla v. Maliksi on taxpayer standing to challenge government contracts and protect public funds.

Rape Conviction Upheld: Intimidation Overcomes Lack of Physical Resistance

Philippine Supreme Court rules that intimidation, not physical resistance, is key in rape cases, upholding a conviction based on a knife threat.

Credibility of Rape Victim Testimony Overcoming Recantations and Delay in Reporting

Philippine Supreme Court ruling on why a rape victim's credible testimony prevails despite delayed reporting and claims of consent.

When Rape Absorbs Forcible Abduction: A Philippine Supreme Court Ruling

The Supreme Court explains when forcible abduction is absorbed by rape, and why the sweetheart defense failed in this case.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

When Can RTCs Directly Hear Securities Violations? The Pua v. Citibank Rule

The Supreme Court clarifies that civil suits under the Securities Regulation Code belong to RTCs, not the SEC.

Sandiganbayan Jurisdiction Over Private Individuals in Marcos Ill-Gotten Wealth Cases

The Supreme Court rules the Sandiganbayan has jurisdiction over private individuals in cases involving recovery of Marcos ill-gotten wealth.

Judicial Efficiency and Accountability: The Consequences of Undue Delay and Neglect of Duty by Judges

A Supreme Court ruling on a judge fined P40,000 for gross inefficiency and gross ignorance of the law underscores judicial accountability.

Sheriff's Duty to Execute Writs Promptly and File Periodic Reports

Supreme Court holds sheriff liable for simple neglect of duty for failing to file periodic reports on writs of execution and for disregarding expense rules.

Eyewitness Credibility: When Testimonial Inconsistencies Do Not Destroy a Homicide Conviction

The Supreme Court explains why minor inconsistencies in eyewitness testimony do not automatically destroy credibility in homicide cases.

Self-Defense vs. Extralegal Killing: Probable Cause in Murder Cases

When police claim self-defense after a killing, what must prosecutors weigh? The Supreme Court clarifies probable cause in Aguilar v. DOJ.

When Towers Topple: Balancing Public Safety and Telecommunications Expansion in Nuisance Law

The Supreme Court clarifies when a cell tower becomes a nuisance and why courts must respect administrative remedies in telecom disputes.