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Showing 15001–15024 of 19,299 articles for “eme”

Conspiracy and Consent: Examining the Elements of Rape in Philippine Law

The Supreme Court clarifies rape elements, consent, and qualifying circumstances in a father's conviction for raping his 10-year-old daughter.

Upholding Due Process in Attorney Discipline: The Necessity of Formal Investigation

When can a lawyer be suspended without a formal investigation? The Supreme Court clarifies due process requirements in disciplinary cases.

Illegal Transfer and Employer Prerogative: Balancing Rights With Fair Play in Employment

When does a valid transfer become an illegal one? The Supreme Court clarifies the limits of management prerogative in Paguio v. PLDT.

Proof Beyond Reasonable Doubt of Conspiracy in Philippine Criminal Law

Philippine Supreme Court clarifies that conspiracy must be proven beyond reasonable doubt, not inferred from mere presence or flight.

Security of Tenure in the CES: Clarifying Eligibility and Reassignment Rights

The Court clarifies when a demotion amounts to constructive dismissal, the limits of CBA benefits for managerial employees, and retirement rights under the Labor Code.

Dishonesty in Public Service: Forging Signatures and the Limits of Forgiveness

A court employee forged a colleague's signature to encash a check. The Supreme Court explains why forgiveness does not erase administrative liability.

Proportional Representation in Electoral Tribunals: The Pimentel Case

Explaining the Supreme Court ruling on proportional representation of party-list groups in the HRET and Commission on Appointments.

Rape Conviction Affirmed: Proving Minority and Relationship in Qualified Rape Cases

The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the prosecution failed to prove the victim's minority beyond reasonable doubt.

Judicial Ethics: Dismissal of Judge for Extortion and Serious Misconduct

Supreme Court dismisses a judge for demanding money from a litigant, reaffirming strict standards of judicial ethics and integrity.

Habitual Tardiness in the Workplace: Offenses and Penalties in the Philippine Judiciary

The Supreme Court defines habitual tardiness and its penalties for court employees, stressing punctuality as a duty in public service.

Rape and Incest: Minor Testimony Inconsistencies Don't Undermine Conviction

Philippine Supreme Court ruling on how minor inconsistencies in a rape victim's testimony don't weaken her credibility, and why minority must be proven.

Supreme Court Upholds Murder Conviction Despite Fugitive Status

The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.

Reinstatement vs. Separation Pay: When a Final Labor Decision Can Change

A final and executory labor ruling is generally immutable, but supervening events may justify modifying execution from reinstatement to separation pay.

When Final Judgments Can Be Modified: Supervening Events in Labor Cases

The Supreme Court explains when a final and executory reinstatement order may still be modified due to supervening events.

Incestuous Rape in the Philippines: Why the Victim's Age Must Be Proven, Not Assumed

In People v. Caralipio, the Supreme Court reduced a death sentence to reclusion perpetua because the prosecution failed to prove the victim's minority beyond reasonable doubt.

Checks and Balances When Regional Prosecutors Overstep Local Authority in Preliminary Investigations

When can a regional prosecutor take over a city prosecutor's case? The Supreme Court clarifies the limits of supervision and control.

Admission vs Confession: Why Weak Prosecution Evidence Led to Acquittal in Sanvicente

The Supreme Court explains the difference between an admission and a confession, and why double jeopardy barred the prosecution's appeal.

Judicial Efficiency and Prompt Case Resolution: Administrative Liability for Court Delays

Philippine Supreme Court holds judges administratively liable for delayed case resolution, emphasizing speedy disposition as a constitutional right.

Estate Administration Discretionary Power in Appointing Special Administrators

The Supreme Court clarifies that probate courts have sound discretion in appointing special administrators, and heirs have no absolute right to representation.

Carnapping Conviction Affirmed: Penalties and Procedural Rules Under RA 6538

Learn how the Supreme Court clarified carnapping penalties and appeal rules in Mercado v. People, including key procedural takeaways.

Proving Online Abuse: Social Media Evidence in VAWC Cases

How the Supreme Court allows circumstantial evidence to prove authorship of harmful social media posts in psychological abuse cases.

Forcible Entry and Land Identity: Key Lessons from Montañez v. Mendoza

Learn how the Supreme Court resolved a forcible entry case by focusing on prior physical possession and proof of land identity.

Upholding Prior Possession When Courts Must Correct Errors in Forcible Entry Disputes

The Supreme Court clarifies when appellate courts may review factual findings in forcible entry cases, emphasizing prior physical possession.

Buy-Bust Operations and Admissibility of Evidence in Philippine Drug Cases

How the Supreme Court in People v. Razul balanced the protection of constitutional rights with the need to admit evidence from legitimate buy-bust operations.