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Showing 14401–14424 of 19,299 articles for “eme”

Surety Agreements for Future Debts: Validity Under Philippine Law

Philippine Supreme Court ruling on suretyship for future debts, continuing guaranty, and surety liability despite principal debtor's rehabilitation.

Judicial Misconduct: Upholding Integrity and Preventing Abuse of Authority

Supreme Court suspends judge for six months for abuse of authority, grave misconduct, and intemperate language in Sy v. Fineza.

When Silence Speaks Volumes: Conspiracy and Eyewitness Testimony in People v. Pelopero

The Supreme Court affirms murder convictions based on eyewitness testimony, delayed reporting, and circumstantial evidence of conspiracy.

Upholding Ethical Standards: Extramarital Affairs and Public Employment in the Philippines

Philippine Supreme Court ruling on court employee's extramarital affair and false birth certificate, explaining moral standards for public servants.

Abuse of Superior Strength: When a Deadly Weapon Turns Homicide Into Murder

Philippine Supreme Court ruling on how using a gun against an unarmed victim qualifies killing as murder through abuse of superior strength.

Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement

Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.

Treachery in Philippine Law: When a Sudden Attack Becomes Murder

The Supreme Court explains how a sudden, unexpected attack from behind constitutes treachery, qualifying a killing as murder under Philippine law.

Abandonment vs Illegal Dismissal: Protecting Employee Rights in the Philippines

When does absence become abandonment? The Supreme Court clarifies the rules on illegal dismissal and employee rights in Samar ca v. Arc-Men Industries.

Co-Ownership Rights: Possession and Rent Obligations Under Philippine Property Law

Philippine Supreme Court clarifies co-owner rights to possession and rent before partition, citing Civil Code provisions in De Guia v. Abejo.

Moral Ascendancy in Incestuous Rape: How a Father's Power Overcomes a Victim's Will

The Supreme Court explains why moral ascendancy, not just physical force, overcomes a victim's will in incestuous rape cases.

Summons Served Court Jurisdiction Established Despite Procedural Flaws

Philippine Supreme Court clarifies when defective summons service still gives courts jurisdiction over defendants, and when default orders are improper.

Moral Turpitude and Professional Responsibility: When a Lawyer's Personal Conduct Affects Their Career

Philippine Supreme Court suspends lawyer for two years for immorality and for creating the appearance of influencing judges.

Self-Defense in Philippine Law: When Killing a Brother Is Justifiable Homicide

The Supreme Court explains when killing in self-defense is justified under Philippine law, using the Cano brothers' fatal confrontation as a case study.

Regulating Monopolies in Public Transportation: Balancing Public Interest and Free Enterprise

The Supreme Court upholds LTFRB's two-group insurance system for PUVs, ruling that regulated monopolies are allowed when public interest requires.

Lost Cargo Liability: Fire Does Not Excuse Common Carrier's Negligence

Philippine Supreme Court rules fire is not an exempting cause under the Civil Code, holding carriers liable for lost cargo.

Stepfather’s Deceit: Defining Rape and Protecting Children Under Philippine Law

A Supreme Court ruling clarifies that slightest penile penetration consummates rape, and digital penetration is sexual assault.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending

When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.

When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz

The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.

Neglect of Duty: Accountability for Process Servers in the Philippine Judiciary

A Supreme Court ruling clarifies the difference between simple and gross neglect of duty for court process servers, and the limits of executive judges' disciplinary powers.

Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer

A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.

Donation Propter Nuptias Under the Old Civil Code: Acceptance Not Required for Validity

Supreme Court explains why donations by reason of marriage under the Old Civil Code need no formal acceptance, and why the action to annul the title prescribed.

Exhaustion of Judicial Remedies Before Administrative Complaints Against Judges

Philippine doctrine: administrative complaints against judges for unjust judgments require prior exhaustion of judicial remedies like appeal or certiorari.

Upholding Legal Ethics: Dishonoring Checks as Attorney Misconduct

A Supreme Court ruling shows how a lawyer's dishonored checks for hospital bills constitute grave misconduct warranting suspension from practice.

Credibility of Rape Victim's Testimony Can Sustain Conviction Without Corroborating Medical Evidence

Philippine Supreme Court ruling explains why a rape victim's credible testimony alone can convict, even without corroborating medical evidence.