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Showing 15505–15528 of 19,299 articles for “eme”

Treachery in Murder: The Element of Surprise in Philippine Criminal Law

Understanding treachery as a qualifying circumstance in murder cases, explained through a 2002 Philippine Supreme Court decision.

Judicial Accountability: The Imperative of Timely Decision Making in Philippine Courts

Philippine judges must decide cases within reglementary periods. This article examines a Supreme Court ruling on undue delay and its consequences.

When Courts, Not the SEC, Decide Succession and Corporate Veil Cases

A Supreme Court ruling clarifies when inheritance claims against a corporation belong in regular courts, not the SEC.

Jurisdictional Challenge Too Late: Estoppel Bars Belated Attacks on DARAB Authority

A party who actively participates in DARAB proceedings cannot belatedly challenge jurisdiction on appeal. The Supreme Court explains estoppel by laches.

Homicide vs Murder: When Doubt Benefits the Accused

The Supreme Court explains why treachery must be proven beyond doubt, reducing a murder conviction to homicide.

Attempted Rape, Lack of Penetration, and the Significance of the Victim's Resistance

The Supreme Court clarifies that full penetration is not required for rape, and a victim's resistance is not essential when intimidation is present.

Statutory Rape Penetration IS Required FOR Consummation Attempted Rape Defined

The Supreme Court clarifies that penetration, not mere touching, is required for consummated statutory rape, explaining attempted rape rules.

Protecting Trademarks: Infringement and Damages for Similar Designs

Supreme Court clarifies trademark infringement rules, damages, and copyright cancellation for similar arcuate designs on jeans.

Percentage Tax on Commercial Brokers: Lessons from Nichimen Corporation

When does a branch office become a commercial broker liable for percentage tax? The Supreme Court clarifies in Nichimen Corporation.

Treachery in Concerted Attacks: When Accomplices Share the Blame Under Philippine Law

The Supreme Court explains how treachery and conspiracy work together in murder cases, and why accomplices share equal blame.

Improvident Plea and Due Process in Capital Offenses: People v. Galvez

The Supreme Court nullified a death sentence because the trial court failed to conduct a searching inquiry before accepting a guilty plea in a capital case.

Supreme Court Rules on Social Media as Qualifying Circumstance in VAWC Cases

The Supreme Court clarifies when social media use raises the penalty for psychological abuse under VAWC, citing Section 6 of the Cybercrime Prevention Act.

Voting Rights of Assigned Shares: Ensuring Corporate Control in the Philippines

Philippine Supreme Court clarifies voting rights of assigned shares and how corporations can protect control through share restrictions and legal safeguards.

Laches and Land Ownership: Time Limits in Philippine Property Disputes

The Supreme Court explains how laches, prescription, and procedural deadlines can bar heirs from contesting property transfers in the Philippines.

Dismissed for Delay? Understanding Due Diligence in Philippine Court Cases

Learn how the Supreme Court handles procedural delays and due diligence in labor cases, using a recent illegal dismissal ruling as a guide.

Lawyer's Missed Deadline Leads to Reprimand: Lessons on Diligence and Client Rights

When a lawyer's missed filing deadline costs a client his case, the Supreme Court explains the limits of excusable negligence and counsel's duty of diligence.

Rape Conviction Affirmed: Positive Identification Prevails Over Alibi in Forcible Abduction Case

Supreme Court affirms rape and forcible abduction conviction, ruling positive identification outweighs alibi and denial in criminal cases.

Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case

Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.

Challenging Land Titles: When Prior Owners Can Reclaim Property Obtained Through Fraudulent Patents

Learn when prior owners can nullify fraudulent free patents and reclaim titled land, based on a 2002 Supreme Court ruling.

When a Contractor Becomes a Condominium Buyer: HLURB Jurisdiction Explained

Supreme Court clarifies that contractors receiving condominium units as payment are or "purchase" includes any contract to buy, purchase, or otherwise acquire for valuable consideration a condominium

Void Judgments: When a Retired Judge's Decision Cannot Be Promulgated

A judge's decision signed before retirement cannot be validly promulgated after retirement. Learn the rule and its practical effects.

Void Judgments and Timely Appeals: The Nazareno Case on Judicial Authority

A judge cannot validly promulgate another judge's decision after retirement. Learn the rules on void judgments and appeals.

Presidential Authority vs Legislative Power in Reorganizing Government Agencies

Supreme Court clarifies the President's power to reorganize executive agencies and transfer functions, distinguishing it from legislative authority.

Treachery in Crimes Against Children: Ensuring Justice for Vulnerable Victims

The Supreme Court affirms murder conviction of a man who beat a two-year-old to death, clarifying treachery, mitigating circumstances, and penalties.