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Showing 15193–15216 of 19,299 articles for “eme”

From Murder to Homicide When Doubt Clouds Treachery in Philippine Law

When can a killing be downgraded from murder to homicide? The Supreme Court explains how treachery must be proven beyond reasonable doubt.

Rape Conviction Stands Even Without Physical Injury: Absence of Genital Wounds Does Not Mean Consent

Philippine Supreme Court ruling: rape of a mentally incapacitated victim needs no genital injury; absence of wounds does not imply consent.

Diminished Intent When A Brawl Tempers A Murder Charge IN Philippine LAW

Philippine Supreme Court ruling on when a challenge to a fight negates treachery, reducing murder to homicide.

Certifying Non-Forum Shopping: The Personal Signature Requirement in Philippine Courts

The Supreme Court clarifies that a certificate of non-forum shopping must be personally signed by the party, not just counsel, or the case faces dismissal.

Reinstatement vs Separation Pay: Employer Obligations in Temporary Shutdowns

When a temporary shutdown is valid, can employees still claim separation pay? The Supreme Court clarifies the limits.

Treachery Defined: Ensuring Justice for Victims of Sudden and Unexpected Attacks in the Philippines

The Supreme Court clarifies treachery as a qualifying circumstance in murder, emphasizing sudden, unexpected attacks that deprive victims of any chance to defend themselves.

Supreme Court Affirms Insurer's Subrogation Claim in Quasi-Delict Case

The Supreme Court upholds an insurer's right to recover damages from a negligent driver and his employer, clarifying rules on quasi-delict liability and traffic violations.

Work-Related Injury in a Shipboard Basketball Game: Liability and Damages Under the POEA-SEC

The Supreme Court held that a seafarer injured during a shipboard basketball game may claim disability benefits under the Bunkhouse Rule and Personal Comfort Doctrine.

Eyewitness Testimony vs Alibi: Lessons from People v. Mejares

In People v. Mejares, the Supreme Court affirmed a murder conviction, showing why positive eyewitness identification defeats alibi and denial in Philippine criminal law.

Employee vs Independent Contractor: How the Control Test Decides Labor Disputes

Philippine Supreme Court clarifies the control test in distinguishing employees from independent contractors, using a movie theater painter's illegal dismissal case.

Treachery in Criminal Law: Ensuring Justice for Victims of Unexpected Attacks

How the Supreme Court defined treachery in a Christmas Day killing, and why evident premeditation needs more than mere threats.

Custodial Responsibility Deliberate Failure to Return a Minor and the Boundaries of Trust

The Supreme Court clarifies when a custodian's failure to return a minor becomes a crime under Article 270 of the Revised Penal Code.

Rape and Incest: Consanguinity as an Aggravating Factor in Philippine Sexual Abuse Cases

Philippine Supreme Court ruling on incestuous rape, where a father's conviction was upheld but death penalty reduced to reclusion perpetua.

Prescription and Laches Do Not Bar Registered Owners' Rights Under Torrens Title

Philippine Supreme Court ruling explains why prescription and laches cannot defeat a registered owner's rights under the Torrens system.

Sheriffs Duty to Give Reasonable Notice Before Eviction: The Manuel Case

When can a sheriff be liable for damages in an ejectment case? The Supreme Court explains the duty to give reasonable notice before enforcing a writ of execution.

Victim Testimony in Philippine Criminal Cases: Why Credibility and Physical Evidence Decide Guilt

Philippine courts weigh witness credibility and physical evidence heavily. Learn how the Supreme Court affirmed convictions based on these factors.

Certiorari Denied: Why the Wrong Appeal Mode Kills Your Case

Learn why the Supreme Court dismissed a petition for certiorari as a wrong remedy, and how choosing the right appeal mode matters.

Union Registration and Legal Personality in Certification Election Cases

A union must strictly comply with registration requirements to gain legal personality for certification elections. The Supreme Court explains the rules.

Premeditation AND Treachery Defining Murder AND Alibi Defense IN Philippine LAW

The Weight of Eyewitness Testimony: Positive Identification vs. Alibi in Murder Cases

How the Supreme Court weighed eyewitness identification against alibi and duress claims in a murder case, affirming convictions.

Preventive Suspension Limits and Employee Rights in Philippine Administrative Law

When can a 90-day preventive suspension be extended? The Supreme Court clarifies employee rights and the limits of disciplinary authority.

Finality of Compromise Agreements: Binding Share Valuation in Corporate Disputes

Philippine Supreme Court ruling on compromise agreements, finality of appraisals, and binding share valuation in corporate disputes.

Incestuous Rape: Moral Ascendancy as Intimidation and General Dates in Informations

Philippine Supreme Court ruling on incestuous rape clarifies moral ascendancy as intimidation and the validity of general dates in criminal informations.

Novation and Trust Receipts: When a Debt Restructuring Agreement Extinguishes Criminal Liability

Learn when a debt restructuring agreement novates trust receipt obligations and extinguishes criminal liability under Philippine law.