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Showing 13969–13992 of 19,299 articles for “eme”

Drug Cases and the Requirement to Allege Aggravating Circumstances in the Information

In Li Ka Kim v. People, the Supreme Court reduced a death sentence because the aggravating circumstance was not alleged in the Information. Here is what that means.

Treachery Defined: Unexpected Attacks and the Element of Surprise in Philippine Criminal Law

Understanding how treachery (alevosia) is established in Philippine criminal law through sudden, unexpected attacks that ensure the victim cannot defend themselves.

Arbitration vs Judicial Review: Defining the Boundaries of Contractual Disputes in the Philippines

When a contract contains an arbitration clause, can courts still hear constitutional questions? The Supreme Court clarifies the limits of jurisdiction.

Service of Pleadings in Appellate Courts: The Solicitor General's Exclusive Authority

In Salazar v. Romaquin, the Supreme Court clarified that the Solicitor General exclusively represents the People in appellate courts, making service on the Provincial Prosecutor ineffective.

Rape Conviction Upheld Despite Initial Charge of Illegal Detention: Protecting Victims' Rights

The Supreme Court clarifies that a conviction for rape can stand even when the information charged serious illegal detention with rape, protecting victims' rights.

When Judges Err in Good Faith: The Limits of Administrative Liability

Philippine Supreme Court clarifies that judges acting in good faith are not administratively liable for legal errors, but discourtesy to lawyers remains misconduct.

Desistance Does Not Automatically Dismiss a Disbarment Case Against a Lawyer

A complainant's change of heart does not automatically end a disbarment case. The Supreme Court explains when dismissal is still proper.

Eyewitness Testimony vs Medico-Legal Findings: Resolving Doubt in Homicide Cases

The Supreme Court acquits a homicide accused where uncross-examined eyewitness testimony conflicted with medico-legal findings and failed the test of moral certainty.

Right to Defense: Conviction Reversed for Denial of Opportunity to Present Evidence

Supreme Court reverses murder conviction when trial court denied the accused his right to present defense evidence after a demurrer.

Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases

Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.

Upholding Ethical Conduct Disciplinary Action FOR Attorneys Issuing Worthless Checks

The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming that a lawyer's private misconduct can warrant disciplinary action.

Right to Speedy Disposition of Cases: A Cornerstone of Fair Trial in Philippine Law

The Supreme Court explains the right to speedy disposition of cases and why delays alone do not violate the Constitution.

Psychological Incapacity and Annulment: Abandonment Alone Is Not Enough

The Supreme Court clarifies that mere abandonment does not prove psychological incapacity for marriage annulment under Article 36 of the Family Code.

Falsifying Time Records: A Breach of Public Trust and Ethical Standards

The Supreme Court rules that tampering with daily time records constitutes gross dishonesty, a grave offense for court employees.

Illegal Dismissal and Employer-Employee Relationship in Philippine Labor Law

Learn how the Supreme Court protects employee rights in illegal dismissal cases, including the employer-employee relationship test and due process requirements.

Possession After Foreclosure: Why the Buyer Wins the Writ of Possession

Buyers in extrajudicial foreclosure sales are entitled to possession of the property. The Supreme Court explains why in Samson v. Rivera.

Election Protests and Mootness: When Does a Senatorial Dispute End

The Supreme Court explains when an election protest becomes moot and academic, using the Enrile vs. SET case as a guide.

The Final Word: Why Timely Appeals Are Critical in Labor Disputes

Learn why meeting appeal deadlines in labor cases is crucial, and how the Supreme Court treats late appeals.

DNA Evidence and Conviction: The Yatar Case and the Standard for Admissibility

Explaining how the Supreme Court in People v. Yatar set the standard for admitting DNA evidence in Philippine criminal cases.

Statutory Rape in the Philippines: When a Child's Testimony Convicts

In Villafuerte, the Supreme Court upheld a statutory rape conviction based largely on a child's testimony, clarifying what proof of penetration requires.

Lease Termination and Rent Increases: Lessons from Chua v. Victorio

When can a lessor rescind a lease and raise rent? The Supreme Court explains in Chua v. Victorio.

Statutory Rape Conviction Upheld: Penetration, Alibi, and the Child Victim's Word

The Supreme Court affirms a statutory rape conviction, clarifying that slight penetration suffices and a child's candid testimony prevails over alibi.

Retroactivity of Procedural Rules When Amended Laws Affect Pending Cases

When procedural rules change mid-case, retroactivity applies. Learn how the Supreme Court resolved this in Siena Realty.

Dismissal of Election Protests: Diligence and Avoiding Undue Delay in Electoral Disputes

The Supreme Court upheld the dismissal of an election protest abandoned for months, ruling that election cases must be resolved speedily and that liberal interpretation has limits.