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Showing 15553–15576 of 19,299 articles for “eme”

Government Employees Strict Adherence TO Budgetary Laws Required FOR Salary Increases

Supreme Court rules government agencies must follow prescribed schedules for salary increases, affirming COA disallowances for premature payments.

Buy-Bust Operations: Entrapment vs Instigation in Illegal Drug Sales

The Supreme Court explains the difference between valid entrapment and unlawful instigation in drug busts, using People v. San Juan.

DENR Authority Prevails: Confiscation of Vehicles Used in Illegal Logging

Supreme Court ruling on DENR's exclusive authority to confiscate vehicles used in illegal logging under Section 68-A of PD 705.

Confessions and Constitutional Rights: Ensuring Voluntariness and Competent Counsel in Philippine Law

A Supreme Court ruling on when extrajudicial confessions are admissible, focusing on voluntariness and the right to competent and independent counsel.

Spontaneous Utterances When Statements AT THE Scene Become Evidence

A single eyewitness's spontaneous, on-the-spot statements can convict, but treachery must be proven from the attack's start.

Rape and the Perversion of Trust: How Relationship and Minority Affect Sentencing

A Supreme Court ruling explains how a stepfather's rape of minors is penalized, and why precise allegations matter.

Judicial Efficiency vs. Illness: Balancing Accountability in Case Disposition

A Supreme Court ruling on when a judge's serious illness can mitigate—but not excuse—delays in deciding cases, and the clerk of court's separate duty to keep the docket moving.

Homicide vs Murder: When Lack of Treachery Evidence Lowers Criminal Liability

When prosecution fails to show how an attack began, treachery cannot qualify a killing as murder. The Supreme Court explains.

When a Dying Declaration Fails: Res Gestae and the Homicide Conviction in People v. Peña

The Supreme Court explains when a victim's statement is admissible as res gestae, not a dying declaration, and why the conviction was reduced to homicide.

Buy-Bust Operations and the Plain View Doctrine: Balancing Law Enforcement and Individual Rights

The Supreme Court clarifies the limits of warrantless seizures in buy-bust operations, applying the plain view doctrine to protect individual rights.

Unlawful Detainer vs. Forcible Entry: Supreme Court Clarifies Jurisdiction in Barba v. Court of Appeals

Supreme Court clarifies unlawful detainer jurisdiction, prior possession requirements, and ownership issues in ejectment cases under Philippine law.

The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction

Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.

Witness Credibility and Treachery: When a Killing Becomes Homicide, Not Murder

The Supreme Court clarifies when superior strength qualifies a killing as murder, and why witness credibility prevails over denial and alibi.

Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana

In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.

Homicide vs Murder: When Superior Strength Is Not Proven in Criminal Cases

The Supreme Court explains when abuse of superior strength fails as a qualifying circumstance, reducing murder to homicide.

Security of Tenure Prevails: No Leave Filing Needed When Suspended Pending Criminal Case

A government employee suspended pending a criminal case cannot be dropped from the rolls for not filing leave; security of tenure and due process protect her reinstatement.

Beyond Rape: When Lewd Acts Constitute Acts of Lasciviousness

The Supreme Court explains when lewd acts short of rape constitute acts of lasciviousness, and the penalties involved.

Deadline or Justice: The Strict Timeline for Challenging Tax Laws

A Supreme Court ruling on the mandatory 30-day window to appeal local tax ordinances and when procedural rules may be relaxed.

Proving Rape in the Philippines: Why a Victim's Testimony Can Convict Without Physical Evidence

Philippine Supreme Court ruling on rape conviction based on credible victim testimony, explaining when physical evidence is not required for conviction.

Reasonable Doubt Acquittal in Statutory Rape Case Due to Inconsistent Testimony

Supreme Court acquits father in statutory rape case, ruling that inconsistent testimony and intact hymen created reasonable doubt.

Election Law: Distinguishing Beneficence From Campaigning in Pangkat Laguna vs Comelec

When does a public official's act of giving become illegal campaigning? The Supreme Court clarifies the line between beneficence and vote solicitation.

From Murder to Mayhem: Gauging Intent and Injury in Philippine Law

Philippine Supreme Court clarifies when a deadly attack becomes only slight physical injuries, not frustrated murder, based on wound severity and medical treatment.

Breach of Trust and Estafa: Accountability in Jewelry Sales Agreements

When a jewelry seller fails to remit proceeds or return unsold items, criminal liability for estafa may arise despite payment agreements.

Police Officer Convicted of Rape Under Custody: Public Trust and the Death Penalty

The Supreme Court affirms the death penalty for a police officer who raped a 16-year-old detainee in his custody, underscoring abuse of authority.