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Showing 15361–15384 of 19,299 articles for “eme”

Rape Conviction Upheld: Intimidation With a Weapon Constitutes Force in Sexual Assault

The Supreme Court affirms a rape conviction, ruling that threatening a victim with a bolo constitutes the force or intimidation required by law.

Judicial Overreach: The Limits of Hold-Departure Orders and the Right to Travel

A judge who issued a hold-departure order beyond his court's jurisdiction was fined by the Supreme Court for violating Circular 39-97.

Treachery in Criminal Law: Why the Element of Surprise Is Essential for Conviction

Philippine Supreme Court explains why treachery requires proof of deliberate surprise attack, not just multiple stab wounds.

Credibility of Rape Victims: Affidavit of Desistance and Delay in Reporting

Philippine Supreme Court ruling on why delayed reporting and affidavits of desistance do not automatically destroy a rape victim's credibility.

Unexpected Assault: When Sudden Attacks Constitute Treachery in Philippine Law

The Supreme Court explains when a sudden, unexpected attack constitutes treachery, qualifying a killing as murder under Philippine law.

Hold Departure Orders: Why Only Regional Trial Courts Can Issue Them

A judge's unauthorized hold-departure order violated the right to travel. Learn the rules under Supreme Court Circular No. 39-97.

Agrarian Reform Protecting Farmers Rights Against Illegal Land Transfers

Learn how the Supreme Court protects farmer-beneficiaries from illegal land transfers under PD 27, including rules on abandonment and reallocation.

Online Posts as VAWC Abuse: When Social Media Use Raises the Penalty

The Supreme Court clarifies how Facebook posts can prove psychological abuse under RA 9262 and why ICT use raises penalties.

When Do Labor Tribunals Have Jurisdiction Over Employer Claims? Esico v. Alphaland

The Supreme Court clarifies when labor tribunals, not regular courts, hear employer claims for damages arising from an employee's resignation.

Optional Retirement and Illegal Dismissal: The Ondevilla Case on Security of Tenure

The Supreme Court clarifies when an employee's early retirement is voluntary, and the rights of illegally dismissed employees who reach compulsory retirement age.

Reasonable Doubt Prevails: Acquittal in Rape with Homicide Due to Insufficient Evidence

The Supreme Court acquits Antonio Silvano of rape with homicide, ruling that uncorroborated testimony and weak circumstantial evidence cannot overcome reasonable doubt.

Missed Your Appeal Deadline Philippine Supreme Court ON Finality OF Judgments 2

Learn how the Supreme Court protected a litigant's right to document production in Santos v. PNB, clarifying trial court discretion and NBI examination requirements.

Unveiling Forgery: Securing Document Examination in Philippine Courts

Learn how Philippine courts handle forgery claims, document production, and NBI examination under Rule 27, based on a 2002 Supreme Court ruling.

Acquittal in Rape With Homicide: When Reasonable Doubt Prevails

The Supreme Court acquitted Antonio Silvano of rape with homicide, showing why hearsay confessions and weak circumstantial evidence cannot sustain a conviction.

Forgery Claims and Document Production: The Right to Examine Evidence in Court

When can a court deny a motion to examine documents for forgery? The Supreme Court clarifies the limits of judicial discretion.

Corporate Authority vs Surety: When Board Resolutions and Personal Guarantees Collide

Philippine Supreme Court ruling on corporate authority, board resolutions, and surety liability in a discounting transaction.

Judicial Accountability: Fines for Sheriffs Who Skip Raffle in Foreclosure Cases

Supreme Court fines sheriffs P1,000 each for failing to raffle an extrajudicial foreclosure petition, underscoring strict compliance with court procedure.

Sheriffs, Foreclosure, and the Duty to Follow Court Procedure

In Ta-Octa v. Eguia, the Supreme Court fined two sheriffs for skipping the mandatory raffle in an extrajudicial foreclosure, stressing strict compliance with court rules.

Challenging Contract Validity: Proving Simulation in Property Sales Under Philippine Law

The Supreme Court clarifies the burden of proving simulated contracts in property sales, emphasizing that mere family relations do not prove simulation.

Proving Simulation of Property Sales: The Burden on Those Who Impugn a Deed

The Supreme Court clarifies when a notarized deed of sale may be declared simulated and who bears the burden of proof.

Cultivation Counts Upholding Land Rights in Agrarian Disputes

The Supreme Court ruled that personal cultivation is essential to establish agricultural leasehold rights, affirming that mere possession or documents do not suffice.

Protecting Children Statutory Rape AND THE Limits OF Parental Authority IN THE Philippines

The Supreme Court clarifies that parental authority does not allow a father to commit statutory rape against his own child.

Homicide or Murder: Proving Intent and the Weight of Dying Declarations

The Supreme Court clarifies when a killing is homicide, not murder, and how dying declarations identify an assailant.

Homicide vs Murder: The Fine Line in Criminal Intent Under Philippine Law

A Supreme Court ruling clarifies when a killing is homicide, not murder, by examining treachery and evident premeditation.