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Showing 16201–16224 of 19,299 articles for “eme”

Witness Credibility and the Perils of Delayed Justice: Analyzing Testimonial Inconsistencies in Murder Cases

Philippine Supreme Court ruling on witness credibility, police blotter discrepancies, and why aggravating circumstances must be alleged in the information to justify the death penalty.

When Self-Defense Fails: Robbery With Homicide and the Limits of Justifying Circumstances

Philippine Supreme Court clarifies robbery with homicide, aggravating circumstances, and why self-defense claims need more than denial.

Encroachment and Good Faith: What Builders Must Know Under Philippine Property Law

Philippine Supreme Court ruling on encroachment, good faith, and accion reinvindicatoria in Evadel Realty v. Soriano.

Option Contract vs Contract to Sell: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies the difference between an option contract and a contract to sell in real estate transactions.

Positive Identification Prevails Over Alibi In Robbery With Homicide Cases

Philippine Supreme Court ruling on People v. Legaspi: how positive identification defeats alibi and why aggravating circumstances must be alleged in the information.

Forum Shopping in Philippine Courts: When Filing Multiple Petitions Backfires

Philippine Supreme Court explains forum shopping through a barangay captain's dismissed petition against an Ad Hoc Committee.

Reasonable Doubt Prevails Over Circumstantial Evidence in Drug Transportation Case

The Supreme Court acquits a drug transport accused, ruling that circumstantial evidence must exclude every reasonable hypothesis of innocence.

Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights

The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.

Res Judicata Bars Repeated Challenges to Education Law Reforms

Supreme Court explains res judicata in Manalo v. Court of Appeals, barring repeated suits over the same education law issue.

Search Warrant Validity and Plain View Doctrine in Drug Possession Cases

Philippine Supreme Court ruling on search warrant requirements, plain view doctrine, and inadmissible evidence in drug possession cases.

Floating Interest Rates and Trust Receipts: Solidbank Ruling on Bank Obligations and Corporate Liability

Philippine Supreme Court ruling on invalid floating interest rates, trust receipt transactions, and corporate officer liability in banking.

Extending Lease Agreements: Judicial Discretion and Tenant Rights Under Article 1687 of the Civil Code

When can courts extend a month-to-month lease under Article 1687? The Supreme Court clarifies judicial discretion and tenant rights.

Illegal Recruitment in Large Scale and Estafa: Lessons from People v. Gonzales-Flores

A Supreme Court ruling on illegal recruitment in large scale and estafa, explaining what counts as recruitment and why convictions stand.

When an Overbroad Search Threatens Individual Rights: The Plain View Doctrine

The Supreme Court clarifies when warrantless seizures under the plain view doctrine are valid and when they violate constitutional rights.

Preventive Suspension and the Sandiganbayan's Authority Over Public Officials

The Supreme Court upholds the Sandiganbayan's power to order preventive suspension of public officials, including senators, under RA 3019.

Temporary Appointments vs. Security of Tenure: What Philippine Government Employees Must Know

A Supreme Court ruling clarifies that accepting a temporary government appointment may mean losing permanent status and its security of tenure.

Judges Must Decide Cases Within 90 Days: Lessons from Montes v. Bugtas

The Supreme Court reminds judges that failing to decide cases within the constitutional 90-day period is gross inefficiency, even with heavy workloads.

Psychological Incapacity in Marriage: Defining Utter Insensitivity Under Philippine Law

The Supreme Court clarifies that psychological incapacity requires grave, incurable personality disorders, not mere emotional immaturity or irresponsibility.

Raffle Promotions: When Overdue Accounts Disqualify Prize Winners

Supreme Court rules on when overdue accounts can forfeit raffle prizes in Mondragon International Philippines v. Blanco.

Wage Disputes and Managerial Prerogatives: Balancing Labor Rights and Business Realities

In LMG Chemicals v. Secretary of Labor, the Supreme Court upheld a wage increase and retroactive CBA, clarifying the limits of an employer's financial-loss defense.

Treachery in Criminal Law: Establishing Intent in Sudden Attacks

The Supreme Court explains how sudden, unexpected attacks establish treachery in murder cases, even when attacker and victim exchange words first.

Self-Defense Claims: Proving Imminent Threat and Reasonable Response in Homicide Cases

Philippine Supreme Court clarifies the burden of proof for self-defense claims in homicide cases, requiring clear evidence of unlawful aggression.

Execution Pending Appeal When Urgency Justifies Immediate Enforcement

Explains when Philippine courts may allow execution pending appeal, using Standard Insurance v. Court of Appeals as a guide.

Judicial Misconduct: The Limits of Helping and the Imperative of Impartiality

A look at how the Supreme Court defines judicial misconduct, emphasizing the limits of assistance and the non-negotiable duty of impartiality for judges.