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Showing 14857–14880 of 19,299 articles for “eme”

Clerks of Court Cannot Charge Fees for Receiving Ex Parte Evidence

Supreme Court rules clerks of court cannot collect commissioner's fees for receiving ex parte evidence; reprimand issued in A.M. No. P-02-1594.

Just Cause vs Due Process in Employee Dismissal: The Rosario Ruling

Philippine Supreme Court clarifies that a valid dismissal cause without procedural due process makes termination ineffectual, not illegal, and orders backwages.

Treachery Defined: The Element of Surprise in Philippine Murder Cases

How the Supreme Court defined treachery in murder cases, requiring sudden, unexpected attack that leaves the victim unable to defend.

Judicial Integrity: Proving Bribery and Corruption Charges Against Philippine Judges

Philippine Supreme Court ruling on administrative liability of judges for misconduct, delay, and ignorance of the law.

Limits on Complainants' Right to Appeal Dismissal: People v. Velez

Philippine Supreme Court ruling on administrative liability of judges who delay decisions and commit gross ignorance of law.

Unlawful Arrest and Admissible Evidence: Key Lessons from a Robbery Case

How the Supreme Court protected constitutional rights by excluding evidence from an unlawful warrantless arrest in a robbery case.

Choosing the Right Path: Appealing Agrarian Disputes in the Philippines

Learn the correct mode of appeal for DAR decisions in agrarian disputes, as clarified by the Supreme Court in Sebastian v. Morales.

Identifying a Rapist by Voice and Smell: Evidence in Philippine Rape Cases

Philippine Supreme Court ruling on rape conviction based on victim's testimony, medical findings, and identification of the accused.

Court Employee Reprimanded for Willful Failure to Pay Just Debts

Supreme Court rules on administrative liability of court employee who refused to pay cooperative loans, citing ethical standards.

Broadcasting Rights: The Indispensable Congressional Franchise for Radio and TV Operations in the Philippines

Philippine Supreme Court clarifies that a congressional franchise is indispensable for operating radio and television stations, not just an NTC permit.

Rape Conviction Upheld: Penetration of Labia Minora Constitutes Carnal Knowledge

Supreme Court clarifies that penetration of the labia minora, even without full vaginal entry, satisfies the carnal knowledge requirement for rape.

Immunity From Prosecution for Witnesses in Vote-Buying Cases Explained

Philippine Supreme Court clarifies when vote-selling witnesses gain immunity from prosecution under RA 6646, protecting those who expose vote-buying.

The Perils of Premature Enforcement: Upholding Jurisdictional Boundaries in Contract Disputes

Philippine Supreme Court ruling clarifies when execution pending appeal is proper, who decides if an appeal is dilatory, and the limits of trial court authority.

The Torrens System Under Fire: Protecting Land Titles From Collateral Attack in Property Disputes

The Supreme Court reaffirms that Torrens titles cannot be collaterally attacked, requiring a direct action to cancel them.

Entrapment vs Instigation: Safeguarding Rights in Drug Sale Apprehensions

Understanding the Supreme Court's distinction between entrapment and instigation in drug cases, and why it matters for protecting accused persons' rights.

Treachery Defined: How Sudden Attack Establishes Guilt Beyond Reasonable Doubt in Murder Cases

The Supreme Court explains treachery as sudden, unexpected attack and clarifies rules on unlicensed firearms, penalties, and damages in murder cases.

Accountability in Public Service: Delay in Remittance of Funds and Its Consequences

The Supreme Court rules on grave misconduct for delayed remittance of fiduciary funds by court personnel, emphasizing strict accountability in public service.

Due Process and Timeliness: Strict Enforcement of Motion Hearing Rules in Philippine Courts

Philippine courts strictly enforce Rule 15, Section 5 on motion hearing dates. Learn how a pro forma motion can waive due process rights.

Due Process in Land Disputes: Why Fair Resurveys Matter for Property Owners

The Supreme Court reminds courts that relocation surveys in land disputes must respect due process—both parties need notice and representation.

Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases

The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.

Co-Ownership and Unauthorized Sales: Property Rights Under Article 493

A co-owner may sell only their own share. Learn how the Supreme Court protected heirs' rights in Coronel v. Constantino.

Withdrawing a Criminal Appeal: When the Supreme Court May Allow It

The Supreme Court explains when a convicted person may withdraw an appeal, and why it granted withdrawal in a rape case despite the prosecution's opposition.

Self-Defense vs. Unlawful Aggression: When Homicide Is Not Murder in Philippine Law

The Supreme Court clarifies when a killing is homicide, not murder, and why a weak self-defense claim fails in this Philippine case.