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Showing 14617–14640 of 19,299 articles for “eme”

Certiorari Deadlines: When Does the 60-Day Clock Really Start

Philippine Supreme Court clarifies that orders executing final judgments are not appealable, and the 60-day certiorari period cannot revive settled cases.

Integrity of Election Returns: Ensuring Accurate Vote Canvassing in Pre-Proclamation Cases

The Supreme Court clarifies when election returns with material defects may be excluded and how canvassing boards must verify ballot integrity.

Judicial Conduct: Errors of Judgment vs Misconduct in Philippine Courts

Philippine Supreme Court clarifies when a judge's error is mere error of judgment versus administrative misconduct requiring bad faith.

Unexplained Wealth and Due Process: Montemayor and Public Service Integrity

A look at Montemayor v. Bundalian, where the Supreme Court upheld a public official's dismissal for unexplained wealth and clarified due process in administrative cases.

Land Title Registration: Proving Ownership and Alienability in the Philippines

Philippine Supreme Court clarifies the requirements for land registration: possession since June 12, 1945 and proof the land is alienable public domain.

Valid Search Warrants Despite Name Discrepancies and Scope Limits in Drug Cases

Philippine Supreme Court clarifies when name errors in search warrants are valid and when warrantless car searches are illegal.

Upholding Employee Rights: Proving Just Cause for Termination in the Philippines

Philippine Supreme Court ruling on employer's burden of proof in dismissal cases, explaining just cause requirements and employee rights.

Jurisdictional Thresholds for Property Disputes: When Assessed Value Determines the Proper Court

Philippine Supreme Court clarifies when property disputes fall under MTC jurisdiction based on assessed value, not the action's caption.

Supreme Court Dismisses Judge for Gross Immorality in Extramarital Affair Case

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and child, while suspending him from law practice for three years.

Finality of Judgment: Clarification vs. Modification of Court Orders

Philippine Supreme Court ruling on when a final judgment may be clarified without violating the doctrine of immutability of judgments.

Easement by Prescription: Why Permissive Use Never Ripens Into a Right-of-Way

Philippine Supreme Court ruling on why tolerated use of land cannot create an easement by prescription, and when prescriptive periods for compensation begin.

Rape Conviction Affirmed Minor Inconsistencies DO NOT Negate A Victims Testimony

Supreme Court affirms rape conviction, ruling minor inconsistencies in a victim's testimony do not destroy credibility. Learn the key rules.

Sheriff's Misconduct in Writ Execution: A Lesson in Judicial Integrity

Philippine Supreme Court dismisses sheriff for settling cases and pocketing funds during writ execution, reaffirming strict standards for court officers.

Judge Not Liable for Denying Motion to Dissolve Writ: Administrative Case Dismissed

Supreme Court clarifies when judges may face administrative liability for erroneous orders, dismissing complaint against Baguio RTC judge.

When Can a Judge Be Disciplined for an Erroneous Ruling? Lessons from De Guzman v. Pamintuan

The Supreme Court clarifies that judges are not automatically disciplined for every erroneous ruling—only for errors tainted by bad faith, fraud, malice, or dishonesty.

Sovereign Immunity Contracts With Foreign States AND Waiver OF Immunity

Explaining the Supreme Court's ruling in Republic of Indonesia v. Vinzon on foreign sovereign immunity, waiver clauses, and embassy maintenance contracts.

Robbery with Homicide: When Identification Fails and When Duress Defense Falls Short

The Supreme Court acquits one accused for weak identification but convicts another, clarifying proof beyond reasonable doubt and duress.

Bus Holdups and Homicide: Affirming Guilt but Reducing Penalty Due to Procedural Rules

Philippine Supreme Court affirms robbery with homicide conviction but reduces penalty to reclusion perpetua, acquitting co-accused for lack of proof.

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Unknowing Possession: When Lack of Knowledge Voids Drug Possession Charges in the Philippines

Philippine Supreme Court clarifies that mere physical possession of drugs is not enough for conviction—the prosecution must prove the accused knowingly and consciously possessed them.

Bill of Lading Value Limits Carrier Liability for Lost Cargo

Philippine Supreme Court ruling on how bill of lading value declarations cap a common carrier's liability for lost goods, even when insurance paid more.

Positive Identification and the Defense of Alibi: Evaluating Witness Credibility in Philippine Criminal Law

The Supreme Court acquits a drug possession accused, stressing that knowledge and animus possidendi must be proven beyond reasonable doubt.

Party List Representation: Qualified Parties and Proportional Seat Allocation

Explains the Supreme Court's ruling on party-list qualification, the 2% threshold, and proportional allocation of seats under RA 7941.

Circumstantial Evidence and the Web of Guilt: Establishing Criminal Liability Beyond Reasonable Doubt

The Supreme Court clarifies how circumstantial evidence can establish guilt beyond reasonable doubt in criminal cases, using a rape conviction as an example.