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Showing 14137–14160 of 19,299 articles for “eme”

Accountability Unbarred: Can Lawyers Face Discipline for Past Actions?

Supreme Court rules lawyers may face discipline for misconduct committed long ago, even after becoming judges or retiring.

Guilty Plea Grave Error Safeguarding Justice In Qualified Rape Cases

The Supreme Court ruled that a guilty plea in qualified rape cases must be meticulously examined to prevent grave miscarriages of justice.

Sheriff's Ministerial Duty in Property Levy: When Execution Is Not Misconduct

Philippine Supreme Court clarifies a sheriff's ministerial duty in executing writs, ruling that levying property to satisfy money judgments is not misconduct.

Consignation and the Debtor's Right to Withdraw: Pabugais v. Sahijwani

When can a debtor deposit payment in court, and when can they withdraw it? The Supreme Court explains consignation rules.

Corporate Officer Liability: The Fine Line Between Duty and Illegal Recruitment

Philippine Supreme Court ruling clarifies when corporate officers may be held liable for illegal recruitment committed by their company.

Dismissal of Administrative Appeals for Late Memoranda: The Ombudsman and Court Discretion

The Supreme Court reinstates NPC's appeal, ruling that the Court of Appeals abused its discretion in dismissing the case for a late memorandum, and clarifies administrative jurisdiction principles.

Bigamy and Psychological Incapacity: Subsequent Nullity Declarations in Philippine Law

Philippine Supreme Court ruling: a later declaration of psychological incapacity does not erase criminal liability for bigamy.

Breach of Trust Accountability for Mismanaged Court Funds in the Philippines

The Supreme Court clarifies the proper remedy for questioning Ombudsman dismissals in administrative and criminal complaints involving public funds.

Liberal Interpretation of Rules in Default Judgments: Bahia Shipping v. Mosquera

When can courts relax procedural rules? The Supreme Court explains in Bahia Shipping v. Mosquera why substantial justice prevails over technicalities.

Buy-Bust Operations and the Presumption of Regularity: Credibility in Drug Cases

How the Supreme Court weighed police testimony against frame-up claims in a buy-bust drug case, and why credibility matters.

When a Killing During a Carnapping Is Only Homicide: The Limits of Criminal Intent

The Supreme Court explains when a killing during an alleged carnapping may be punished only as homicide, not the special complex crime.

Wage Distortion vs Management Prerogative: Salary Adjustments in the Philippines

When can employees claim wage distortion? The Supreme Court explains the limits of the Labor Code and management's right to set salaries.

Mortgaged Chattels: Valid Seizure and Foreclosure Compliance in Philippine Law

Philippine Supreme Court clarifies rules on chattel mortgage seizure, foreclosure, and the limits of appellate review in Samala v. Court of Appeals.

Drug Sales and Entrapment: Court Upholds Buy-Bust Conviction in Shabu Case

Supreme Court affirms conviction in buy-bust drug operation, clarifying rules on entrapment, buy-bust money, and frame-up defenses in Philippine drug cases.

Dismissal of Appeal, Counsel's Negligence, and the Right to Be Heard

The Supreme Court reinstated an arson convict's appeal after his lawyer withdrew without notice, ruling that procedural rules must yield to substantial justice.

Rape Conviction Stands Despite Initial Charge of Forcible Abduction

Supreme Court rules forcible abduction is absorbed in rape when the intent is carnal knowledge, affirming conviction.

Judicial Stability vs Land Disputes: Resolving Conflicting Property Rights Claims

The Supreme Court explains how the doctrine of judicial stability bars courts from interfering with co-equal courts' judgments in property disputes.

Perfected Contract of Sale vs Ejectment: Clarifying Obligations in Property Law

Supreme Court clarifies rules on ejectment, supersedeas bonds, and procedural requirements in property disputes under Philippine law.

Backwages Despite Just Cause Dismissal: When Procedure Matters in Labor Cases

Philippine Supreme Court ruling on backwages for employees dismissed for just cause but denied due process, and the limits of certiorari.

Forum Shopping Litigants Cannot Simultaneously Pursue Identical Claims In Multiple Courts

Philippine Supreme Court clarifies the rule against forum shopping and the duty to implead indispensable parties in appeals.

Public Officials' Duty to Act in the Best Interest of the Service: Sevilla v. Gocon

When does a public official's omission become an administrative offense? The Supreme Court clarifies the line between dishonesty and conduct prejudicial to the service.

Judicial Accountability: Timeliness and Due Diligence in Court Proceedings

A Supreme Court ruling shows judges can be fined for delaying cases and mishandling records, underscoring the judiciary's duty of competence and diligence.

15-Day Deadline for Appealing HLURB Decisions to the Office of the President

Learn the strict 15-day appeal period for HLURB decisions to the Office of the President, as clarified by the Supreme Court in Maxima Realty.

Incestuous Rape Revisiting Penalties and the Application of Aggravating Circumstances

The Supreme Court clarifies penalties for incestuous rape, emphasizing proof of minority and the mandatory award of civil indemnity.