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Showing 16009–16032 of 19,299 articles for “eme”

Upholding Accountability: A Sheriff's Duty and the Timely Execution of Court Orders

A Supreme Court ruling reminds sheriffs that delayed returns, unapproved fees, and missing liquidations are dereliction of duty that undermines the entire justice system.

Accomplice Liability in Murder: Distinguishing Conspiracy From Spontaneous Action

Philippine Supreme Court ruling clarifies when a person present at a crime becomes liable as a co-principal versus a mere accomplice.

Alibi vs Positive Identification: The Physical Impossibility Test in Criminal Defense

Philippine Supreme Court clarifies when alibi fails against positive identification, requiring proof of physical impossibility to be at the crime scene.

Rape Conviction Modified: When Qualifying Circumstances Must Be Alleged

The Supreme Court modifies a rape conviction, acquitting the accused on three counts for insufficient evidence and ruling on the necessity of alleging qualifying circumstances.

When Police Tips Fail: Hot Pursuit Arrests and Drug Evidence in Philippine Courts

The Supreme Court acquits a drug suspect, clarifying when warrantless hot pursuit arrests are invalid and seized drugs inadmissible.

Medical Certification and Due Process in Employee Dismissal: Protecting Workers from Arbitrary Termination

Philippine Supreme Court ruling on Cathay Pacific v. NLRC clarifies rules on medical certification and due process in employee dismissal for disease.

Untimely Appeals When Procedural Rules Trump Agrarian Justice

The Supreme Court denied two agrarian petitions for missing deadlines and lacking standing, showing procedural rules bind even CARP cases.

Redundancy vs Replacement: Protecting Employee Rights in Restructuring

Philippine Supreme Court clarifies the difference between valid redundancy and illegal replacement, protecting employee rights during restructuring.

Treachery Defined: Justice for Victims Attacked While Defenseless

The Supreme Court explains treachery in murder cases, ruling that attacking a sleeping victim qualifies, ensuring justice for defenseless victims.

Personal Cultivation Requirement in Agrarian Reform: Palele v. Court of Appeals

Supreme Court ruling on the personal cultivation requirement for agrarian reform beneficiaries and why mere payment does not vest ownership.

Mootness in Administrative Cases When Dismissal Renders Judicial Review Unnecessary

When the Ombudsman dismisses administrative charges, a pending petition questioning a preventive suspension order becomes moot. The Supreme Court explains.

Redemption Rights Demand Strict Compliance and Timely Tender of Full Payment

Philippine Supreme Court ruling on strict compliance with redemption periods and the requirement of timely, full tender in extrajudicial foreclosure.

Unregistered Sale vs Attachment Priority OF Rights IN Land Disputes

Philippine Supreme Court ruling on unregistered land sales, laches, and ownership rights in property disputes explained in plain language.

Reasonable Doubt Prevails: Supreme Court Acquits Murder Accused on Inconsistent Evidence

The Supreme Court acquits a murder accused on reasonable doubt, emphasizing that inconsistent prosecution evidence and corroborated defense testimony cannot sustain a conviction.

Piercing the Corporate Veil: When a Parent Company Can Be Held Liable for Subsidiary Debts

The Supreme Court clarifies when courts may disregard corporate separateness and hold a parent liable for its subsidiary's obligations.

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.

Rape Conviction Upheld Despite Delayed Reporting: Fear and Intimidation in Sexual Assault Cases

The Supreme Court affirms a robbery-with-rape conviction, ruling that a victim's delayed reporting and submission due to fear do not negate the crime.

Burden of Proof in Illegal Dismissal: Unsigned Records Cannot Justify Termination

Unsigned records and self-serving documents cannot justify employee dismissal. The Supreme Court clarifies the employer's burden of proof in illegal termination cases.

Vindication and Unlicensed Firearms: When Personal Offense Mitigates Murder

The Supreme Court clarifies how a grave personal offense can mitigate murder and how unlicensed firearms affect sentencing.

Judicial Ethics: Why a Judge Was Reprimanded for Letting His Wife Access Court Records

The Supreme Court reprimanded a judge for allowing his wife access to confidential case records, underscoring judicial impartiality and ethics.

Downgrading Murder to Homicide: The Crucial Role of Treachery in Philippine Criminal Law

Philippine Supreme Court clarifies when treachery qualifies murder, and when its absence downgrades the crime to homicide.

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final judgments in disbarment cases, citing a lawyer for indirect contempt and disobedience for refusing to return client funds.

Enforcement of Foreign Judgments: Comity, Jurisdiction, and Burden of Proof

Philippine Supreme Court clarifies rules on enforcing foreign judgments, comity, and burden of proof in Asiavest v. PNCC.

Credibility in Grave Coercion Cases: Scrutinizing Witness Testimony and Double Jeopardy Claims

How the Supreme Court weighed witness credibility in grave coercion and rejected a double jeopardy defense in Sarabia v. People.