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Showing 11593–11616 of 19,296 articles for “eme”

Rape and the Best Evidence Rule: Proving Minority in Statutory Rape Cases

A father convicted of qualified rape challenges the death penalty, claiming the victim's minority was not proven. The Supreme Court explains how a photocopied birth certificate can establish age.

Private Parties and Conspiracy Under Section 3(g) of RA 3019 Explained

The Supreme Court clarifies that private individuals may be charged with Section 3(g) of the Anti-Graft Law when conspiring with public officers.

Upholding Ethical Conduct Attorneys AND THE Prohibition Against Forum Shopping 2

The Supreme Court reminds lawyers that filing repeated suits for the same cause violates the Code of Professional Responsibility and constitutes forum shopping.

Ombudsman Decisions Are Immediately Executory: Buencamino v. Court of Appeals

The Supreme Court ruled that Ombudsman decisions in administrative cases are immediately executory even pending appeal, limiting the availability of injunctive relief.

Improperly Impleading Agencies: BSP Exemption in Administrative Appeals

The Supreme Court clarifies that agencies like the BSP and Monetary Board cannot be impleaded as respondents in Rule 43 appeals.

Abandonment vs Illegal Dismissal: Protecting Workers' Rights in the Philippines

Philippine Supreme Court clarifies the distinction between abandonment and illegal dismissal, protecting workers who file complaints after being reprimanded.

Attempted Rape With Homicide: Supreme Court Affirms Conspiracy, Treachery, Rejects Intoxication Defense

The Supreme Court affirms the conviction for attempted rape with homicide, explaining conspiracy, treachery, and why intoxication and lack of instruction defenses failed.

Bail Rights in the Philippines: Understanding When and How They Can Be Restricted

Philippine law guarantees bail as a matter of right for most offenses. A Supreme Court ruling explains when courts may restrict it.

Notarizing a Document Without the Signatory Present: The Flores Ruling

A notary public must not notarize a deed unless the signatories personally appear before him. The Supreme Court suspended a lawyer for doing otherwise.

Confessions Under Duress: Safeguarding Rights in Custodial Investigations

The Supreme Court nullifies an illiterate suspect's confession obtained without proper Miranda warnings, reinforcing constitutional safeguards in custodial investigations.

Burden of Proof in Sexual Harassment Cases: Substantial Evidence Required

Philippine Supreme Court clarifies that sexual harassment complaints must be proven by substantial evidence, not bare allegations, in administrative cases.

Dismissal of Appeals: Balancing Procedural Rules and Substantial Justice

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in dismissing appeals on technical grounds.

Docket Fees and Delayed Justice: Perfecting Appeals Despite Poverty

Philippine Supreme Court clarifies that poverty excuses late payment of docket fees in appeals, ensuring access to justice for indigent litigants.

Bare Denials Cannot Overcome Positive Testimony in Buy-Bust Drug Convictions

Explore how the Supreme Court affirmed drug convictions despite denials, emphasizing the weight of positive police testimony in buy-bust operations.

Eminent Domain vs Easement: Fair Compensation for Power Line Construction

Supreme Court clarifies when power line projects require full just compensation rather than a mere easement fee.

Res Judicata Does Not Bar Recovery of Title After a Money Judgment

A final money judgment does not bar a later suit to recover a property title, the Supreme Court ruled, because the two cases have different causes of action.

Abandonment vs Illegal Dismissal: Proving Intent to Abandon Employment

Philippine Supreme Court clarifies the two requisites for valid dismissal due to abandonment, emphasizing employer's burden of proof.

Perfecting Appeals Timeliness AND Required Documents IN Philippine LAW

Learn the rules on timely appeals and required documents in Philippine law, based on the Supreme Court's ruling in National Power Corporation v. Codilla.

Buy-Bust Conviction Affirmed: Court Upholds Life Sentence for Shabu Sale

Supreme Court affirms life imprisonment for two women caught selling shabu in a buy-bust operation, ruling prosecution proved guilt beyond reasonable doubt.

Finality of Judgments: Why a Belated Appeal Cannot Revive a Case

The Supreme Court explains why a late motion for reconsideration makes a Court of Appeals decision final and executory, binding all parties.

Best Evidence Rule: Photocopies vs Electronic Documents in Philippine Courts

Philippine Supreme Court clarifies when photocopies qualify as electronic evidence and why the best evidence rule still applies.

Can Co-Owned Property Be Sold When One Owner Refuses? A Philippine Case Study

Explore when co-owned property can be sold against an owner's wishes, plus key lessons from a Philippine Supreme Court ruling on ownership disputes.

Electoral Tribunals Exclusive Jurisdiction Challenging Congressional Elections After Proclamation

The Supreme Court clarifies the boundary between COMELEC's jurisdiction over election annulment and the exclusive authority of electoral tribunals over election contests.

Failure of Elections vs Election Protest: Jurisdiction and Pleading Requirements

Supreme Court clarifies when election annulment petitions fall under COMELEC En Banc jurisdiction and why fraud allegations need an election protest.