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Showing 16921–16944 of 19,299 articles for “eme”

Appeal vs Certiorari in Philippine Courts: Why the Wrong Remedy Can Cost You Your Case

Philippine Supreme Court explains why appeal and certiorari are not interchangeable remedies, and how choosing wrong can be fatal.

Judicial Efficiency: The Consequences of Undue Delay in Case Resolution

A Supreme Court ruling reminds judges that the Rule on Summary Procedure exists to prevent delay, and that failing to decide cases on time carries real penalties.

Understanding Novation in Philippine Contract Law: When Does a New Agreement Cancel the Old

Philippine Supreme Court explains when a new contract cancels an old one, and why novation is never presumed in law.

When Delayed Justice Becomes Administrative Liability: The Case of Judge Aquino

The Supreme Court fined a judge P5,000 for failing to decide cases within the reglementary period, reaffirming that delayed justice is denied justice.

Police Use of Force in the Philippines: When Is Homicide Justified

The Supreme Court clarifies when a police officer's use of deadly force is justified, and when it becomes homicide.

Rape Conviction: Force, Consent, and Credibility in Philippine Law

The Supreme Court affirms a rape conviction, clarifying that lack of resistance is not consent and minor testimonial inconsistencies do not destroy credibility.

Bail in Capital Offenses: The Mandatory Hearing Requirement

Philippine Supreme Court ruling explains why judges must hold a hearing before granting bail in capital offenses like rape.

Eminent Domain in the Philippines: Why RTCs Always Have Jurisdiction

Philippine Supreme Court clarifies that expropriation suits are incapable of pecuniary estimation, so RTCs have exclusive jurisdiction regardless of property value.

Stare Decisis in Property Disputes: Tala Realty vs. Banco Filipino

How the Supreme Court applied stare decisis to settle a property dispute between Tala Realty and Banco Filipino over conflicting lease contracts.

When a Nullity Case Is Not a Prejudicial Question in Concubinage Prosecutions

A nullity of marriage case does not automatically suspend a concubinage prosecution. The Supreme Court explains why.

Employee Abandonment in the Philippines: What Employers Must Prove Before Dismissal

Philippine Supreme Court clarifies the two elements of employee abandonment and the required notices before termination.

Crucial Details Matter: How a Flawed Rape Charge Can Change a Verdict in the Philippines

Learn how the Supreme Court's strict review of qualifying circumstances like treachery can reduce a murder conviction to homicide.

When Does an Agreement Become Legally Binding? The BF Homes Case on Perfected Contracts

Learn when a contract becomes legally binding in the Philippines, based on the Supreme Court's BF Homes ruling on homeowners' rights and jurisdiction.

Incestuous Rape: Moral Ascendancy as Intimidation and the Need to Plead Special Circumstances

The Supreme Court explains why a father's moral ascendancy suffices as intimidation in incestuous rape, and why unpleaded special circumstances mean simple rape only.

Incestuous Rape and the Moral Ascendancy Standard: Key Lessons from People v. Nava

The Supreme Court explains the moral ascendancy standard in incestuous rape and why qualifying circumstances must be pleaded in the information.

Upholding Statutory Intent: HDMF Rule-Making Power and Employee Benefit Exemptions

Supreme Court rules HDMF exceeded its authority by requiring both provident and housing plans for Pag-IBIG exemption.

Finality OF Judgment Payroll Reinstatement VS Limited Back Wages IN Illegal Dismissal Cases

HLURB vs SEC Jurisdiction in Subdivision Disputes: Protecting Homeowners' Rights

When a subdivision developer is under receivership, which agency—HLURB or SEC—hears homeowners' complaints? The Supreme Court settles the jurisdictional question.

Jurisdictional Threshold Resolving Agrarian Disputes in Ejectment Cases

Philippine Supreme Court clarifies when ejectment cases must be referred to agrarian courts, and the importance of hearing jurisdictional issues.

When Mental Illness Raises Doubt: The Estrada Case on Competency to Stand Trial

Philippine Supreme Court nullifies a murder conviction where the trial court ignored evidence of the accused's mental illness and denied a mental examination.

Contract of Sale vs Contract to Sell: Key Differences and Legal Implications

Philippine Supreme Court explains the difference between a contract of sale and a contract to sell, and why the distinction matters in real estate disputes.

Unmarried Couples and Property Rights in the Philippines: Co-Ownership in Illicit Relationships

Philippine Supreme Court ruling on property co-ownership for unmarried couples in adulterous relationships under Article 148 of the Family Code.

Employee Theft and Misconduct: Legal Consequences and Employer Responsibilities in the Philippines

Philippine Supreme Court ruling on employee theft, grave misconduct, and employer duties in administrative cases.

Conspiracy in Kidnapping Cases: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on conspiracy requires overt acts, not mere presence, to establish guilt beyond reasonable doubt in criminal cases.