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Showing 7585–7608 of 19,294 articles for “eme”

Falsification of Documents: Probable Cause and Presumptions of Regularity

A Supreme Court ruling clarifies when allegations of falsification are enough to warrant prosecution, and the weight given to notarized documents.

When a Drug Sale Isn't a Sale: Payment Must Be Completed for Conviction

The Supreme Court clarifies that illegal drug sale requires actual payment, not just delivery. Learn the key elements and why possession still leads to conviction.

Hierarchy of Courts: Direct Filing of Certiorari, Prohibition, and Mandamus to the Supreme Court

The Supreme Court dismisses a direct petition for certiorari, prohibition, and mandamus, reaffirming the strict policy on the hierarchy of courts.

Breaking the Chain: How Election Protests Can Interrupt the Three-Term Limit

The Supreme Court clarifies when an election protest breaks the three-term limit rule for local officials, using Mayor Abundo's case.

Disqualification of Candidates: COMELEC’s Authority and Due Process Rights

The Supreme Court nullified COMELEC’s disqualification of a candidate, ruling the en banc acted without jurisdiction and violated due process.

Upholding Executive Power Import Restrictions AND THE Requirement OF Clear Legal Right

Loan Default and Foreclosure: When Preliminary Injunction Is Not Available

Philippine Supreme Court clarifies that a borrower in default cannot enjoin foreclosure without a clear legal right, citing TML Gasket v. BPI.

RA 9262 Violence Against Women Extends Beyond Ongoing Relationships

Supreme Court clarifies that RA 9262 applies even after a dating relationship ends, protecting women from former partners' violence.

Reconstitution of Lost Title: Supreme Court Clarifies Proof Requirements Under RA 26

Supreme Court clarifies when a lost owner's duplicate title can be reconstituted, and what evidence suffices under Republic Act No. 26.

Disbarment for Bribery Solicitation: Protecting the Integrity of the Judiciary

A lawyer who solicits money from clients to bribe judges deserves disbarment, as the Supreme Court ruled in Bueno v. Rañeses.

When Can Conjugal Assets Be Seized to Pay a Spouse's Criminal Liability?

The Supreme Court explains when conjugal partnership properties may be levied to satisfy civil indemnities arising from a spouse's criminal conviction.

Seafarers Death Benefits Proving Causation Between Injury AND Fatal Illness

Supreme Court ruling on seafarers' death benefits: bare allegations of causation between injury and fatal illness are not enough.

Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause

A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.

Theft in Telecommunications: Defining International Simple Resale and the Limits of Search Warrants

The Supreme Court clarifies that international simple resale constitutes theft under Philippine law and explains the rules on search warrants.

Balancing Justice and Procedure When Attorney Negligence Threatens a Client's Appeal

The Supreme Court clarifies when courts may relax procedural rules, holding that a counsel's ordinary negligence binds the client and cannot justify a late appeal.

Self-Defense and Intent to Kill: The Boundaries of Justification in Philippine Law

The Supreme Court clarifies when self-defense fails and intent to kill prevails in frustrated homicide cases under Philippine law.

Upholding Chain of Custody in Drug Cases: Ensuring Integrity of Evidence

A 2012 Supreme Court ruling clarifies that substantial compliance with Section 21 of RA 9165 suffices when the drug evidence's integrity remains intact.

Judicial Efficiency: The Consequences of Delay in Rendering Decisions

When an appeal is dismissed for a late brief, is that the end? The Supreme Court weighs strict procedural rules against substantive justice in CMTC v. Bhagis.

Reconstitution of Lost Titles: Why Original Documents Matter for Property Ownership

Philippine Supreme Court explains strict requirements for reconstituting lost land titles under RA 26, emphasizing original documents over substitutes.

Reconveyance and Good Faith: When a Torrens Title Is Not Enough

Philippine Supreme Court rules that a Torrens title obtained in bad faith may be defeated by an action for reconveyance by one with a better right.

Supreme Court: Strict Adherence to Procedural Rules Prevails in Labor Appeals

Learn when courts may relax procedural rules in labor cases and why the Supreme Court rejected a belated appeal in Building Care Corp. v. Macaraeg.

Building Care v. Macaraeg: When Late Appeals and Counsel's Negligence Are Not Excused

The Supreme Court ruled that a late appeal cannot be excused by invoking substantial justice alone, and that a client is bound by the negligence of counsel.

Reconstitution of Title: The Critical Requirements of Loss and Good Faith

Philippine Supreme Court clarifies strict requirements for judicial reconstitution of lost or destroyed Torrens titles under RA 26.

Causal Connection in Seafarer Death Claims: Proving the Link Between Injury and Fatality

Philippine Supreme Court clarifies the evidentiary standard for death compensation claims in seafarer cases, requiring substantial proof of causation.