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Showing 8977–9000 of 19,295 articles for “eme”

Stepfather Convicted of Statutory Rape and Acts of Lasciviousness

The Supreme Court affirms the conviction of a stepfather for statutory rape and acts of lasciviousness against his minor stepdaughter, clarifying penalties and damages.

Sheriffs' Duty of Care in Implementing Writs: Lessons from Tomboc v. Velasco

When a sheriff demolishes the wrong property, who pays? The Supreme Court clarifies sheriffs' duty of diligence in writ implementation.

When Can Courts Relax Procedural Rules? The Go v. Chaves Appeal Ruling

The Supreme Court reinstates an appeal dismissed on technical grounds, explaining when courts may relax procedural rules in the interest of substantial justice.

When Oversight Falters: Judicial Error and the Limits of Discretion in Public Office

The Supreme Court clarifies that the condonation doctrine applies only to reelected elective officials, not to reappointed appointive officers found guilty of simple neglect of duty.

Entrapment or Illegal Inducement: The Fine Line in Buy-Bust Operations

The Supreme Court clarifies when a buy-bust operation is valid entrapment versus instigation, and why the chain of custody still matters.

Management Prerogative vs. Illegal Dismissal: Redundancy and Employee Rights

When does a redundancy program become illegal dismissal? The Supreme Court clarifies the balance between business needs and employee security of tenure.

Kidnapping for Ransom: Conspiracy and Defense of Duress Under Philippine Law

Philippine Supreme Court clarifies conspiracy and duress defenses in kidnapping for ransom cases, affirming convictions of co-accused.

Acquittal in Drug Case: Why Broken Chain of Custody Fatal to Prosecution

Supreme Court acquits drug suspect where police failed to inventory, photograph, and preserve seized shabu, breaking the chain of custody.

Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights

Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.

Breach of Contract: The Necessity of Specificity in Contractual Violations

Philippine Supreme Court ruling on why a party terminating a contract must specify which provisions were violated, or face liability for breach.

Cyber Harassment: Defining Violence Against Women Through Digital Means in the Philippines

The Supreme Court ruled that sending a manipulated nude photo via cellphone constitutes violence against women under R.A. 9262, even as a single act.

Midnight Appointments and the Judiciary: The De Castro Ruling on the Constitutional Ban

The Supreme Court explains why the ban on midnight appointments does not apply to judicial posts, including the Chief Justice.

Trademark Rights in the Philippines: Prior Use vs. Registration Explained

Philippine Supreme Court ruling on whether trademark rights come from prior use or registration, and why distributors cannot own the marks they sell.

Protecting the Vulnerable: Upholding Convictions in Statutory Rape Cases Despite Familial Settings

The Supreme Court affirms a stepfather's statutory rape conviction, ruling that a child victim's failure to resist or shout does not negate rape.

Executive Power vs Legislative Authority: Redefining Agency Functions and Security of Tenure

The Supreme Court upholds the President's power to reorganize executive agencies, clarifying limits on security of tenure claims.

Proving Illegal Dismissal: The Employee's Burden to Establish Termination

Employees must first prove they were dismissed before employers must justify termination. Learn the rules from a Supreme Court ruling.

When Pawnshops Were Exempt From VAT: TFS, Inc. v. CIR

A 2010 Supreme Court ruling cancelled a pawnshop's deficiency VAT assessment and relaxed procedural rules to prevent unjust enrichment.

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Publication Requirements in Extrajudicial Foreclosure: Protecting Mortgagors' Due Process

Philippine Savings Bank v. Geronimo clarifies that strict compliance with publication requirements is essential for a valid extrajudicial foreclosure.

Proximate Cause in Homicide: Liability for Unintended Fatal Consequences

A punch that led to a fatal fall still means homicide. The Supreme Court explains proximate cause and criminal liability under Article 4 of the RPC.

Establishing Illegal Dismissal: The Employee's Burden to Prove Dismissal First

Employees must first prove they were dismissed before employers must justify termination. A Supreme Court ruling explains the evidence required.

The Perils of Crossed Checks: Navigating Holder in Due Course Status

A crossed check warns holders to verify the indorser's title. Learn how the Supreme Court applied this rule in Dino v. Judal-Loot.

Reversion of Public Land: Only the Government Can Sue

The Supreme Court rules that only the government, through the Office of the Solicitor General, may file an action for reversion of public land.

When a Constitutional Question Is Ripe for Court Intervention: Defining Judicial Review Limits

Philippine Savings Bank v. Geronimo clarifies the ripeness doctrine and the burden of proving compliance with publication requirements in extrajudicial foreclosures.