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Showing 15241–15264 of 19,299 articles for “eme”

Citizenship and Residency: Defining Electoral Eligibility in the Philippines

The Supreme Court clarifies how citizenship and residency requirements apply to candidates for local elective office in the Philippines.

Defining Agricultural Tenancy: Personal Cultivation and Harvest Sharing in Land Disputes

The Supreme Court clarifies when a civil lease becomes agricultural tenancy, requiring personal cultivation and harvest sharing.

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Timeliness Matters: A Judge's Duty to Promptly Resolve Cases Under Philippine Law

The Supreme Court affirms a rape conviction while reminding judges of their duty to decide cases promptly, exploring the importance of timely justice.

Fleeing Justice: How Absence Can Imply Guilt in Philippine Law

The Supreme Court explains when flight from arrest signals guilt, and why absence alone cannot prove conspiracy or treachery.

When Rape Precedes Robbery: Distinguishing Theft from Robbery with Rape

The Supreme Court clarifies when taking property after rape constitutes theft, not robbery with rape, in People v. Tamayo.

Confessions and Constitutional Rights: Safeguarding Justice in Custodial Investigations

The Supreme Court acquits an accused in a rape-homicide case, ruling that confessions obtained without counsel and circumstantial evidence are insufficient for conviction.

Electoral Justice Imperiled When Judges Overstep In Voter Inclusion Cases

When a judge grants voter inclusion petitions without hearing, the integrity of elections and judiciary suffers. A Supreme Court ruling explains why.

Limits to Free Speech: Protecting Judicial Independence From Public Pressure

The Supreme Court held that statements pressuring justices to rule a certain way are not protected free speech but indirect contempt of court.

Seafarers Are Contractual Employees: The Millares Ruling on Fixed-Term Overseas Work

The Supreme Court clarifies that Filipino seafarers are contractual, not regular, employees under Philippine law, and explains the limits of Article 280.

Seafarers' Employment Status: Contractual, Not Regular, Under Philippine Law

Philippine Supreme Court clarifies that seafarers are contractual employees, not regular employees under Article 280 of the Labor Code.

Standing Firm Against Abuse: The Supreme Court's Stance on Rape and Incest

A father's rape of his 9-year-old daughter tests the limits of Philippine law on evidence, procedure, and the death penalty.

Accomplice Liability in Kidnapping: Intent and the Scope of Criminal Participation

Philippine Supreme Court clarifies when a person becomes an accomplice, not a conspirator, in kidnapping for ransom cases.

Incestuous Rape and Proving the Victim's Minority in Capital Cases

In People v. Canon, the Supreme Court affirmed a death sentence for a father who raped his nine-year-old daughter, ruling on how minority and relationship are proven.

Father's Conviction for Raping Minor Daughter Upheld; Death Penalty Affirmed

The Supreme Court affirms the death sentence of a father convicted of qualified rape of his 14-year-old daughter, clarifying rules on victim credibility and damages.

Judicial Ethics Under Scrutiny: Dismissal for Immorality and Misconduct

Supreme Court dismisses judge for illicit affair and courtroom drinking, reinforcing strict judicial ethics standards in the Philippines.

When SEC Actions Overstep Legal Boundaries: Injunctions and Prejudgment Remedies

A look at when courts can issue injunctions against SEC actions and the limits of prejudgment remedies in Philippine securities regulation.

Independent Counsel Requirement in Custodial Investigation: The Velarde Case

A mayor acting as counsel during custodial investigation is not independent, making confessions inadmissible and leading to acquittal.

Security of Tenure: Illegal Transfers as Constructive Removal in Philippine Civil Service

The Supreme Court ruled that transferring a permanent government employee without consent and without cause violates security of tenure and amounts to constructive removal.

Entrapment vs Instigation: Safeguarding Rights in Drug Enforcement

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug cases, and explains how courts protect accused persons' rights.

Robbery With Homicide: Proving Conspiracy and the Limits of Band Aggravation

The Supreme Court explains when conspiracy makes co-accused liable for robbery with homicide, and why "band" aggravates only when three or more armed men are proven.

Rape Conviction: Why Qualifying Circumstances Must Be Proved Beyond Reasonable Doubt

The Supreme Court explains when rape is qualified or simple, and why the prosecution must prove every aggravating circumstance beyond reasonable doubt.

Failure of Election Grounds and Remedies in Philippine Law

The Supreme Court clarifies the limited grounds for declaring a failure of election and why election protests, not annulment, address fraud claims.

Assessed Value, Not Market Value, Governs Court Jurisdiction in Property Disputes

Philippine Supreme Court rules that in actions involving title to or possession of real property, the assessed value—not market value—determines which court has jurisdiction.