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Showing 15961–15984 of 19,299 articles for “eme”

Bouncing Checks Law: When Courts May Impose Fine Instead of Imprisonment

Philippine Supreme Court ruling on B.P. 22 violations explains when fines replace imprisonment and clarifies due process rights in bouncing checks cases.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for anti-graft cases begins, distinguishing discovery from commission of the offense.

Unmasking Corruption: Statute of Limitations and the Discovery Rule in Graft Cases

When does the 15-year prescription period for graft cases begin? The Supreme Court explains the discovery rule for behest loans.

Rape Under the Flyover: Corroborating Testimony in Child Sexual Abuse Cases

The Supreme Court affirms a rape conviction of a street child, explaining why medical findings are not required and how the victim's testimony stands.

When Medical Evidence Is Absent: Conviction for Rape Based on Victim's Testimony

The Supreme Court affirms a rape conviction despite normal medical findings, explaining why a child victim's testimony can be enough.

Simple Neglect of Duty: How Philippine Courts Distinguish Administrative Offenses

Philippine Retirement Authority v. Rupa clarifies when a public officer's delay is simple neglect, not conduct prejudicial to the service.

Circumstantial Evidence and Conviction: When Proof Falls Short of Rape With Homicide

Philippine Supreme Court ruling on when circumstantial evidence suffices for homicide but not rape with homicide conviction.

Davao Light v. Tesorero: Venue, Estoppel, and a Corporation's Residence in Philippine Civil Cases

The Supreme Court ruled that a corporation's residence for venue is fixed by its articles of incorporation, not by addresses in contracts or pleadings in other cases.

Corporate Residence vs Actual Place of Business: Determining Proper Venue in Damage Suits

Philippine Supreme Court clarifies that a corporation's residence for venue purposes is its principal office stated in the articles of incorporation, not its actual place of business.

When Immediate Court Action Is Allowed: Exhaustion of Administrative Remedies Explained

The Supreme Court explains when the exhaustion of administrative remedies rule may be set aside, using a teacher's dismissal case as an example.

Cancellation of Bail: Absence of Counsel Is Not a Ground for Detention

Philippine Supreme Court rules that a judge cannot cancel bail or order detention solely because the accused's counsel failed to appear at a hearing.

Forcible Entry vs Damages: How Courts Decide Jurisdiction in Property Disputes

A Supreme Court ruling explains why the allegations in a complaint, not its title, determine whether a property dispute belongs in the MTC or the RTC.

Surety's Continuing Liability: Upholding Obligations Despite Credit Card Upgrades

A Philippine Supreme Court ruling explains why a surety stays liable for a credit cardholder's debts even after the card is upgraded to a higher credit limit.

Surety Agreements Upholding Continuous Liability Despite Credit Card Upgrades

Piercing the Corporate Veil: When Foreclosure by Government Banks Is Not Fraud

The Supreme Court explains when foreclosure by government banks does not justify piercing the corporate veil, and why creditors cannot claim preferences outside liquidation.

Supreme Court Affirms Murder Conviction Despite Defense Claims of Self-Defense

SC affirms murder conviction of three men who mauled victim to death, rejecting self-defense claims and upholding reclusion perpetua.

Intervention Denied: The Ancillary Nature of Intervention in Settled Disputes

Philippine Supreme Court explains why intervention cannot proceed once the main case is settled and terminated.

Piercing the Corporate Veil in Philippine Foreclosures: DBP v. Remington

When can Philippine courts pierce the corporate veil? The Supreme Court clarifies the strict rule in DBP v. Remington.

Judicial Duty vs Oversight: When a Judge's Negligence Impacts Justice

A Supreme Court ruling on when a client bears the consequences of counsel's negligence, and the strict deadlines for relief from judgment.

Bank Liability in Foreign Exchange Transactions: The Reyes v. Far East Bank Standard

When are banks liable for dishonored foreign exchange drafts? The Supreme Court clarifies the diligence standard in Reyes v. Far East Bank.

Certificate of Non-Forum Shopping in Refiled Cases and Support Pendente Lite

Supreme Court clarifies when a certificate of non-forum shopping must mention a prior dismissed case, and reinstates support pendente lite orders.

Unlicensed Firearm Use in Murder: Retroactive Law and Double Jeopardy Explained

Philippine Supreme Court ruling on retroactive application of R.A. 8294 and its effect on separate charges for illegal firearm possession.

Kidnapping for Ransom: Positive Identification Prevails Over Alibi in Philippine Law

Philippine Supreme Court ruling on kidnapping for ransom, positive identification, alibi, conspiracy, and damages under Article 267.

Beyond the Grave: Enforcing Partnership Rights After Death

A bus company's counsel failed to appear, leading to default judgment. The Supreme Court denies relief, affirming the finality of judgments.