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Showing 16849–16872 of 19,299 articles for “eme”

Bounced Checks Arent Always Estafa THE Crucial Element OF Deceit IN Philippine LAW

Attorney Conflict of Interest in the Philippines: Lessons from Sibulo v. Cabrera

Learn how the Supreme Court disciplined a lawyer for representing opposing parties in the same case, and the ethical rules on conflict of interest.

When Alibi Becomes Strong: Why Weak Prosecution Evidence Means Acquittal

A Supreme Court ruling shows that alibi, though a weak defense, prevails when prosecution evidence is feeble and fails to prove guilt beyond reasonable doubt.

Trademark Rights for Dissimilar Goods: The Canon Case and Philippine Law

The Supreme Court explains when a trademark owner can stop others from using the same mark on unrelated products, and the limits of Paris Convention protection.

Navigating Robbery With Homicide: The Perils of Indivisible Penalties

A look at People v. Pedroso, explaining robbery with homicide elements and the correct application of indivisible penalties.

Presidential Supervision vs Control: Protecting Local Fiscal Autonomy in the Philippines

The Supreme Court limits presidential power over LGUs, striking down IRA withholding while allowing advisory economy measures.

Upholding Ethical Standards: Extramarital Affairs and Judicial Employee Conduct

Supreme Court ruling on a court stenographer's extramarital affair shows judicial employees are held to strict moral standards in private life.

Judicial Efficiency vs Negligence: The 90-Day Rule for Judges

Philippine Supreme Court fines judges for failing to decide cases within the 90-day reglementary period, underscoring judicial accountability.

Accountability for Homicide: Voluntary Surrender as a Mitigating Circumstance in a Stabbing Case

The Supreme Court explains when voluntary surrender mitigates homicide and why a fleeing co-accused may be acquitted.

Upholding Election Officer Reassignments: Balancing Independence and Preventing Familiarity

The Supreme Court upheld Section 44 of RA 8189, which limits election officers to four years per station to ensure impartiality.

Collective Guilt Establishing Conspiracy in Group Criminality

When does holding a victim's hand during a gang attack make you guilty of murder? The Supreme Court explains conspiracy.

Absence of Conspiracy Leads to Acquittal in Estafa Case for Lack of Proof Beyond Reasonable Doubt

The Supreme Court acquits an accused in an estafa case, ruling that conspiracy must be proven beyond reasonable doubt, not merely inferred from presence or interest.

Breach of Trust Upholding Termination for Managerial Misconduct in Philippine Labor Law

Philippine Supreme Court affirms dismissal of a manager for loss of confidence based on fraudulent invoicing and refusal to explain.

Collective Liability and Conspiracy in Criminal Actions: People v. Aquino

When does mere presence or participation in a transaction amount to criminal conspiracy? The Supreme Court clarifies in People v. Aquino.

Illegal Recruitment and Estafa: Protecting Migrant Workers from Deceitful Recruiters

The Supreme Court affirms convictions for large-scale illegal recruitment and estafa, protecting overseas Filipino workers from fraudulent recruiters.

Dying Declarations: When Can a Victim's Last Words Be Used in Court?

Learn the legal rules on dying declarations in Philippine courts, including admissibility requirements and how courts weigh a victim's final words.

Quantum Meruit in Government Contracts: What Contractors Must Know

The Supreme Court clarifies when contractors can recover payment from the government and the limits of the quantum meruit principle.

Parental Authority vs Incestuous Rape: Clarifying Proof and Penalties in Philippine Law

The Supreme Court clarifies the elements of incestuous rape, the weight of parental authority, and the proper penalties under Philippine law.

Due Process in Preliminary Investigations: Raro v. Sandiganbayan Explained

The Supreme Court clarifies that defects in a preliminary investigation do not automatically invalidate an information or violate due process.

Murder or Homicide: Understanding Treachery in Philippine Criminal Law

The Supreme Court clarifies when treachery qualifies killing as murder, using the Antonio v. People case as a guide.

Land Declared Public in Cadastral Case Cannot Be Registered by Voluntary Application

Supreme Court rules land declared public in cadastral proceedings cannot later be registered through voluntary application under P.D. 1529.

Due Process Limits of Disqualification and the Duty of Judicial Impartiality

A look at how the Supreme Court defined the limits of res judicata and the duty of judges to remain impartial in Salanga v. Alagar.

Prioritizing Assignment Rights: The Battle Over Promissory Notes in Trust Receipt Agreements

Supreme Court rules on competing claims over promissory notes under trust receipts and deeds of assignment, emphasizing proof and priority.

Ejectment Case Dismissal for Failure to Appear: Due Process in Philippine Summary Proceedings

Philippine Supreme Court clarifies when failure to appear at preliminary conference in ejectment cases warrants judgment and what due process requires.