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Showing 15385–15408 of 19,299 articles for “eme”

When a Sheriff's Demolition Violates Due Process: Lessons from Biscocho v. Marero

A sheriff demolished homes of non-parties to an ejectment case. The Supreme Court ruled this was grave misconduct violating due process.

Premature Proclamation and Due Process in Election Contests: Abinal v. COMELEC

The Supreme Court clarifies when COMELEC may order a proclamation while a pre-proclamation appeal is pending, and the limits of due process claims.

Treachery and Self-Defense: Defining the Boundaries of Criminal Liability in the Philippines

The Supreme Court clarifies when treachery qualifies killing as murder and when self-defense fails, in People v. Enfectana.

Succession to Tenancy Rights: Surviving Spouse's Priority Under Agrarian Reform

Philippine Supreme Court clarifies that a tenant's surviving spouse has priority to succeed to tenancy rights when the landowner fails to choose a successor within one month.

Lawyer Suspended for Misappropriating Client Funds in Loan Restructuring Scheme

A lawyer's six-month suspension for misappropriating P60,000 in client funds and fabricating a PNB connection underscores ethical duties.

Credibility in Rape Cases: Why Victim Testimony Carries Decisive Weight

The Supreme Court affirms a rape conviction, underscoring that a victim's credible, positive testimony outweighs alibi and improbable claims.

Lawyer Suspended for Misappropriating Client Funds in Fake PNB Fixer Scheme

A Supreme Court ruling suspends a lawyer for six months for misappropriating P60,000 from a client through false claims of bank connections.

Self-Defense, Conspiracy, and Murder: Lessons from People v. Enfectana

The Supreme Court clarifies when self-defense fails, how conspiracy is proven, and what makes a killing treacherous murder.

Succession to Tenancy Rights: Surviving Spouse Takes Priority Under Agrarian Reform

When a tenant dies, who inherits the tenancy? The Supreme Court clarifies the order of preference under Section 9 of RA 3844.

Rape Conviction Affirmed: Victim Testimony and Use of Force in Philippine Rape Cases

Supreme Court affirms rape conviction, explaining why a victim's testimony can stand even without physical injuries or fresh lacerations.

The Testimony of the Victim and the Crime of Rape: Assessing Credibility and Impact on Conviction

A look at how the Supreme Court weighs a rape victim's testimony against alibi and denial, affirming conviction based on credibility.

Clerks of Court Limits on Ministerial Duty and the Scope of Executory Writs

A clerk of court's duty to issue writs is ministerial, not judicial. Learn the limits from a 2002 Supreme Court ruling.

Clerks of Court Cannot Expand Execution Orders: Limits on Ministerial Duty

Philippine Supreme Court ruling on when a clerk of court exceeds ministerial duty by issuing an amended writ that varies a judgment.

Circumstantial Evidence in Homicide: How Philippine Courts Establish Guilt Beyond Reasonable Doubt

In People v. Umayam, the Supreme Court convicted a man of homicide using circumstantial evidence alone, showing how an unbroken chain of facts can prove guilt.

Treachery in Criminal Law: Establishing Intent and Lack of Opportunity for Self-Defense

The Supreme Court explains how treachery qualifies a killing as murder, focusing on the victim's inability to defend and the attacker's deliberate method.

Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation

Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.

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

When can treachery qualify a killing as murder? The Supreme Court explains the strict proof required for this aggravating circumstance.

Preserving Possession Limits on Preliminary Injunctions in Property Disputes

The Supreme Court clarifies that preliminary injunctions must preserve the status quo, not create new obligations like paying rent or transferring rental collection rights.

Security of Tenure Prevails: Illegal Demotion and Reinstatement Rights in the Philippine Ports Authority

SC ruling: a permanent appointee cannot be demoted without cause and due process; reinstatement and backpay differentials explained.

Boundaries of Multiple Rape Charges: Clarity and Proof in Incestuous Assault Cases

The Supreme Court clarifies when multiple rape charges stand, why exact dates aren't essential, and how age and relationship must be proven for qualified rape.

Piercing the Corporate Veil: When Parent Companies Are Liable for Subsidiary Debts

Philippine Supreme Court explains when courts may disregard corporate personality and hold parent companies liable for subsidiary debts.

Rape and Defective Informations: Protecting the Rights of the Accused and the Victim

This article examines the Supreme Court's ruling in People v. Aquino on the sufficiency of rape informations and the rights of both the accused and the child victim.

Security of Tenure Prevails: Illegal Demotion and Due Process in Philippine Ports Authority Case

Explaining the Supreme Court ruling that a government employee cannot be demoted without cause and due process, even amid reorganization.

Rape and Defective Information: The Importance of Timely Objections and Evidentiary Standards in Qualified Rap

Philippine Supreme Court ruling on qualified rape, defective informations, timely objections, and evidentiary standards in child rape cases.