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Showing 15889–15912 of 19,299 articles for “eme”

Consensual Encounter or Rape: Navigating the Fine Line of Consent in Philippine Law

The Supreme Court acquits a jeepney driver of rape, explaining when courts may treat sexual intercourse as consensual despite a complainant's allegations.

Self-Defense vs. Murder: Proving Treachery and Criminal Liability in the Philippines

Philippine Supreme Court explains self-defense, treachery, and criminal liability in homicide cases. Learn the legal requisites and evidentiary standards.

Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions

When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.

Attempted Robbery With Homicide: Liability When the Robbery Fails

The Supreme Court explains when a failed robbery that ends in death becomes the complex crime of attempted robbery with homicide.

Prosecutorial Discretion vs Anti-Graft: Defining Undue Injury in Public Office

The Supreme Court clarifies when a prosecutor's error becomes a crime under the Anti-Graft Law, explaining the element of undue injury.

Establishing Filiation: The Imperative of Conclusive Evidence in Inheritance Disputes

Philippine Supreme Court ruling on proving filiation in inheritance cases, highlighting the need for conclusive evidence and final judgments.

Partnership vs Guarantor: Who Bears Liability in a Business Venture?

Philippine Supreme Court clarifies the line between a partner and a guarantor in business, and who bears liability when the venture fails.

Discretion of the Justice Secretary and Limits of Judicial Review in Preliminary Investigations

The Supreme Court clarifies the Ombudsman's limited role in reviewing prosecutors' findings and the boundaries of judicial review in preliminary investigations.

Rape and Credibility: Evaluating Testimony in the Face of Physical Disability

Physical disability alone does not negate rape liability. The Supreme Court affirms conviction, explaining how credibility, not disability, decides rape cases.

Sheriffs' Duty to Execute Writs Promptly and Liability for Neglect

Sheriffs must execute writs with dispatch; delay is gross neglect of duty. A Supreme Court ruling on sheriff accountability.

Breach of Trust: When a Lawyer's Actions Lead to Ethical Misconduct

When a lawyer solicits a client's letter then uses it against them, the Supreme Court says it is misconduct.

Treachery in Criminal Law: When a Frontal Attack Constitutes Murder

The Supreme Court explains when a frontal attack still qualifies as treachery, elevating a killing to murder in the Philippines.

Court Decisions vs HLURB Rulings: Judicial Precedence in Mortgage Validity Cases

When a court decision and an HLURB ruling conflict, which prevails? The Supreme Court clarifies the hierarchy and finality of judgments.

Bank Liability for Premature Foreclosure and Dishonored Deposits

When can a bank be liable for damages? The Supreme Court rules on premature foreclosure, dishonored checks, and bad faith.

Mayoral Prerogative vs Police Professionalism: Understanding the Limits of Local Executive Power in Police App

A look at how the Supreme Court balances a mayor's appointment power with the need for police professionalism and legal limits.

Probable Cause and Judicial Discretion in Anti-Graft Cases: Odin Security Agency v. Sandiganbayan

The Supreme Court explains when courts may dismiss criminal cases for lack of probable cause and the limits of certiorari review in graft cases.

Attorney’s Lien in the Philippines: Can It Attach to Real Property?

Philippine law limits attorney’s liens to judgments and client documents—not land. Learn the rules from a Supreme Court ruling.

The Perils of Mistaken Identity: Alibi and Witness Credibility in Murder Convictions

A Supreme Court ruling on how positive identification outweighs alibi, and the consequences of mistaken identity in murder cases.

Interpleader Actions Resolving Rental Payment Disputes Between Claimants

When two parties claim the same rental payments, an interpleader action can resolve the conflict. The Supreme Court explains its limits.

Balancing Fair Trial Rights and Public Access: The Estrada Trial Audio-Visual Recording Ruling

The Supreme Court's 2001 ruling on the Estrada trial balanced fair trial rights with public access, allowing delayed audio-visual recordings while prohibiting live broadcast.

Beyond the Logbook: Upholding Employee Rights in Administrative Cases

Explore how the Supreme Court protects employees' rights in administrative cases, ensuring fairness beyond mere documentation and procedural compliance.

Upholding Workplace Conduct: Carrying Firearms in the Hall of Justice and Employee Rights

The Supreme Court rules on a court employee carrying a firearm in the Hall of Justice, finding misconduct and oppression while protecting employee rights.

Cameras in Court: The Estrada Trial and the Right to a Fair Hearing

Explaining the Supreme Court's ruling on live TV coverage of the Estrada trial, balancing public information against the accused's right to a fair trial.

Guilt Beyond Reasonable Doubt in Robbery With Homicide: The Marquez Case

The Supreme Court clarifies when robbery with homicide is proven beyond reasonable doubt, and when illegal possession of firearm charges fail.