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Showing 14497–14520 of 19,299 articles for “eme”

Judicial Authority and Preliminary Investigations: Balancing Power and Procedure

Philippine Supreme Court clarifies that municipal trial court judges may conduct preliminary investigations, and errors in judgment alone do not warrant administrative liability.

Rape and Proof of Minority: Protecting Victims and Ensuring Justice in Statutory Rape Cases

The Supreme Court clarifies that in statutory rape cases, the victim's minority must be proven beyond reasonable doubt by independent evidence.

Promptness and Truthfulness: Disciplining Judges for Delays and False Certifications

Philippine Supreme Court rulings on disciplining judges for delayed decisions and false certifications of service.

Judge Dismissed for Interfering with Warrant Arrest and Abusing Contempt Power

Supreme Court dismisses judge for obstructing a warrant arrest and retaliating with baseless contempt proceedings, reaffirming judicial accountability.

When Defense Turns Deadly Distinguishing Self Defense From Unjustified Aggression IN Homicide Cases

Philippine Supreme Court clarifies the line between lawful self-defense and criminal aggression in homicide cases, explaining burden of proof and reasonable belief.

Contempt and Due Process: When Corporate Officers Face Personal Liability

Philippine Supreme Court ruling on civil contempt, due process, and personal liability of corporate officers for violating court orders.

Custodianship vs Trusteeship: Determining Liability in Investment Agreements

Philippine Supreme Court clarifies the difference between a custodian and a trustee in investment agreements, and who bears liability when investments fail.

Unregistered Mortgage vs Notice of Lis Pendens: Priority Rights in Foreclosure

Philippine Supreme Court ruling on priority between unregistered mortgages and notices of lis pendens in property foreclosure disputes.

Sheriff's Duty to Execute Writs Promptly: Accountability in Civil Cases

Philippine Supreme Court ruling on sheriff's mandatory duty to execute writs promptly and the consequences of dishonesty in civil cases.

Travel Agency Liability: Ordinary Care, Not Common Carrier Duties

Philippine Supreme Court clarifies that travel agencies owe ordinary diligence, not the extraordinary care required of common carriers.

Treachery and the Passage of Time: Examining the Boundaries of Murder in Philippine Law

The Supreme Court clarifies that a brief pause between an argument and a fatal shooting does not negate treachery, affirming a murder conviction.

Unlawful Detainer: Why Prior Physical Possession Is the Core Issue in Ejectment Cases

Philippine Supreme Court clarifies that in unlawful detainer cases, prior physical possession—not ownership—is the decisive issue.

Consolidation of Bribery and Plunder Cases: Court Discretion in the Sandiganbayan

Explaining why the Supreme Court upheld the Sandiganbayan's discretion to deny consolidation of an indirect bribery case with a plunder case.

Liability Beyond Corporate Veil: Solidary Obligations in Loan Agreements

When officers sign loan documents personally, they become solidarily liable with the corporation. Learn the rules from this Philippine Supreme Court case.

Judicial Efficiency Imperative Resolving Cases Within Prescribed Deadlines

Why Philippine judges must resolve cases within constitutional deadlines, and the consequences of delay, explained through a Supreme Court ruling.

Misappropriation of Litigant Funds Leads to Judge's Dismissal

Supreme Court dismisses judge for misappropriating P78,000 in fiduciary funds entrusted by litigants, violating Circular No. 50-95.

Right of Legal Redemption: Written Notice Is Mandatory for Adjoining Rural Landowners

Supreme Court rules written notice under Article 1623 is mandatory for legal redemption by adjoining rural landowners, not just a formality.

Defining Common Carrier: Liability for Cargo Loss Due to Negligence

Philippine Supreme Court clarifies common carrier status and extraordinary diligence in cargo loss cases, citing Asia Lighterage case.

Judicial Efficiency: The Imperative of Timely Case Resolution in Philippine Courts

A Supreme Court ruling on a judge's 90-day case resolution duty, its constitutional basis, and the consequences of delay.

Undue Delay in Rendering Decisions: A Judge's Administrative Liability

Learn how the Supreme Court penalizes judges for undue delay in deciding cases, and what the 90-day rule means for litigants.

Valid Service of Summons: Protecting Due Process in Philippine Courts

Philippine Supreme Court clarifies rules on personal service of summons, due process, and annulment of judgments in Lazaro v. Rural Bank.

Writ of Possession Is a Ministerial Duty of Courts in Foreclosure Cases

In Chailease Finance v. Spouses Ma, the Supreme Court ruled that issuing a writ of possession after foreclosure is a ministerial duty, not a discretionary act.

Prescription in Implied Trusts: When Does the Clock Start Ticking

Learn when the prescriptive period for implied trusts begins under Philippine law, based on Supreme Court rulings.

Substantial Compliance When Overly Strict Rules Give Way to Justice in Labor Disputes

The Supreme Court reminds litigants that procedural rules yield to substantial justice, as shown in a case on equitable mortgage and res judicata.