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Showing 14569–14592 of 19,299 articles for “eme”

Work-Related Injury? Basketball on Board a Vessel and Seafarer Disability Claims

The Supreme Court held that a seafarer injured during a basketball game on board a vessel may claim disability benefits under the Bunkhouse Rule.

Rape Conviction Affirmed: Minor Inconsistencies in Testimony Do Not Impair Credibility

The Supreme Court affirms a rape conviction, ruling that trivial inconsistencies in a victim's testimony and the absence of vigorous resistance do not signify consent.

Rape Conviction Affirmed: Consent Not Inferred From Lack of Resistance Under Threat

Philippine Supreme Court affirms rape conviction, ruling that submission under threat of a knife is not consent, and upholds moral damages award.

Rape and Intimidation: Why the Absence of Resistance Does Not Mean Consent

The Supreme Court ruled that a rape victim need not resist to the death; submission brought about by intimidation is not consent under Philippine law.

Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction

When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Upholding Ejectment Demand Sufficiency Despite Reconveyance Suit

Philippine Supreme Court clarifies ejectment rules: demand allegations, reconveyance pendency, and supersedeas bond requirements in unlawful detainer cases.

Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage

Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.

Compromise Agreements Upholding Obligations AND Equitable Relief IN Property Disputes

Philippine Supreme Court ruling on sale-leaseback arrangements, equitable mortgages, and deed of assignment effects on debtor obligations.

Accountability in Public Service: Reassessing Penalties for Malversation of Funds

The Supreme Court clarifies the elements of malversation and corrects the penalty imposed on a city cash clerk who failed to deposit public funds.

When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals

The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.

Court of Appeals Erred in Dismissing Appeal Over Photocopied Annexes

Supreme Court rules photocopied annexes in Rule 43 appeals need not be certified true copies, only the assailed decision itself.

PCGG Authority Over Military Officers and the Limits of Revolutionary Power

Supreme Court ruling on PCGG jurisdiction over military officers, forfeiture of ill-gotten wealth, and the limits of revolutionary power.

Navigating COMELEC's Authority: Division vs. En Banc in Pre-Proclamation Disputes

Learn how the Supreme Court ruled on COMELEC's division vs. en banc authority in pre-proclamation cases, citing Milla v. Balmores-Laxa.

Forum Shopping and Due Process in Mortgage Foreclosure: Avoiding Multiple Suits

Philippine Supreme Court ruling on forum shopping, due process, and the risks of filing multiple injunction suits in mortgage foreclosure cases.

Surety Bond Execution Timeliness and Due Notice Requirements in Philippine Law

Learn when a claim against an injunction bond must be filed and the notice rules for surety liability under Philippine law.

When a Rape Conviction Is Set Aside: The Right to Counsel and Clear Judicial Decisions

The Supreme Court nullified a rape conviction because the trial court's decision lacked factual and legal basis, and the accused was deprived of effective counsel.

Due Process, Right to Counsel, and Judicial Duty in Philippine Civil Proceedings

The Supreme Court clarifies due process, counsel of record rules, and forum shopping in PCIB v. Court of Appeals.

Strike Legality Balancing Workers Rights AND Procedural Compliance IN Labor Disputes

Philippine Supreme Court ruling on strike legality, workers' rights, and procedural compliance in labor disputes.

Rape Conviction Upheld on Victim's Credible Testimony Despite Intact Hymen

Philippine Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies that intact hymen does not negate rape.

Judicial Accountability and Timely Resolution: Lessons from People v. Servano

The Supreme Court's ruling in People v. Servano clarifies incest rape rules while underscoring the judiciary's duty to resolve cases without delay.

Timely Execution: A Sheriff's Duty to Report and the Consequences of Delay

A Philippine Supreme Court ruling reminds sheriffs that writs of execution must be returned and reported on time, and that delay carries administrative liability.

Incestuous Rape: Moral Ascendancy Replaces Force in Philippine Law

Philippine Supreme Court ruling on incestuous rape, where a father's moral ascendancy substitutes for force and intimidation in securing conviction.

Percentage Tax on Pawnshops: Defining Lending Investors Under Philippine Law

Supreme Court ruling on whether pawnshops are lending investors subject to 5% percentage tax under the NIRC.