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Showing 16177–16200 of 19,299 articles for “eme”

When Silence Isn't Golden: Criminal Conspiracy and the Duty to Disclose Knowledge of a Crime

The Supreme Court clarifies when silence about a crime becomes criminal conspiracy, and the limits of the duty to report.

Rebellion Declaration and Warrantless Arrests: The Lacson Case on Presidential Powers

The Supreme Court's ruling on the May 2001 "state of rebellion" and the limits of warrantless arrests under Philippine law.

Timely Filing vs Substantial Compliance: Upholding Candidacy Despite Minor Delays

A 2001 Supreme Court ruling on substantial compliance and due process in election candidacy filings, protecting a candidate's right to run.

Res Judicata Bars Relitigation of Foreclosure Disputes in the Philippines

Learn how the Supreme Court applied res judicata to bar a second foreclosure case, explaining the four requisites for the doctrine.

Reversion of Land When Imperfect Titles Threaten Public Domain

Supreme Court explains when the government can seek reversion of land registered under imperfect titles, and the limits of that remedy.

Exhaustion Doctrine Prevails Jurisdiction Cannot BE Circumvented BY Direct Resort TO Courts

Direct court resort without exhausting administrative remedies is fatal, as Gonzales v. Court of Appeals shows.

Sandiganbayan Jurisdiction in Obstruction of Justice Cases: The "In Relation to Office" Requirement

When does the Sandiganbayan have jurisdiction over obstruction of justice cases? The Soller ruling explains the "in relation to office" test.

Upholding Substantial Justice Over Technicalities in Labor Appeals

Philippine Supreme Court rules labor appeals should not be dismissed on mere technicalities when there is substantial compliance with procedural rules.

Homicide Conviction Reversed: The Importance of Pleading Treachery in Criminal Informations

Supreme Court clarifies that qualifying circumstances like treachery must be alleged in the Information, or the accused can only be convicted of the lesser crime.

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Tax Exemptions Are Strictly Construed: The Sea-Land Service Ruling

Philippine tax exemptions are strictly construed. Learn how the Supreme Court denied a US shipping firm's tax refund claim in Sea-Land Service, Inc. v. CIR.

Presence vs Participation: When Mere Presence Creates Criminal Liability in Philippine Law

Philippine Supreme Court clarifies when mere presence at a crime scene constitutes conspiracy versus innocent observation, using a rape case as example.

Statutory Rape: Why Consent Is Irrelevant When the Victim Is Under Twelve

Philippine law treats sex with a child under 12 as statutory rape—consent is immaterial. The Supreme Court explains why in People v. Ablaneda.

Dismissal Based on Procedural Technicalities Ensuring Compliance With Court Rules

When the Court of Appeals dismisses a petition for technical deficiencies, the Supreme Court may uphold it. Learn the rules from this labor case.

Conflict of Interest and Informed Consent in Attorney Representation

The Supreme Court dismissed a disbarment complaint against a lawyer who represented clients with potentially conflicting interests, clarifying the written-consent rule.

Double Jeopardy Denied: The Perils of Forum Shopping in Philippine Law

When can a judge inhibit from a case? The Supreme Court explains the limits of voluntary inhibition and the dangers of forum shopping.

Rape Conviction and Venue: When Aggravating Circumstances Must Be Alleged

Philippine Supreme Court ruling on why aggravating circumstances like dwelling and nighttime must be alleged in the information to justify the death penalty.

Res Ipsa Loquitur in Philippine Law: Negligence and Presumption Explained

Learn how res ipsa loquitur shifts the burden of proof in negligence cases, using a landmark Philippine Supreme Court ruling.

Rape Conviction Overturned: The Critical Need for Explicitly Stating Aggravating Circumstances in Criminal Inf

Why the Supreme Court reduced a death sentence to reclusion perpetua when aggravating circumstances weren't alleged in the Information.

Breach of Trust: Examining the Boundaries of Sexual Abuse and Statutory Rape in Domestic Settings

A look at how the Supreme Court distinguishes statutory rape from acts of lasciviousness, and why a stepfather's breach of trust matters.

Mistaken Identity or Intentional Act: The Fine Line Between Assistance and Kidnapping

Explore the Supreme Court's acquittal in People v. Ubongen, clarifying when helping a lost child is not kidnapping under Philippine law.

Exhaustion of Administrative Remedies and Grave Abuse of Discretion in Agrarian Land Reclassification

When can landowners skip administrative appeals and go straight to court? The Supreme Court clarifies the rule in a CARP exemption case.

Malicious Prosecution Claims Against Prosecutors: The Drilon v. Court of Appeals Ruling

When can prosecutors be sued for damages after filing criminal charges? The Supreme Court clarifies the elements of malicious prosecution and the protection of good faith.