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Showing 16993–17016 of 19,299 articles for “eme”

Legal Redemption Notice: When a Co-Owner's Letter From the Vendee Suffices

Philippine Supreme Court clarifies when a co-owner's right of redemption starts, and whether notice from the vendee can trigger the 30-day period.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Enough

The Supreme Court explains when a sudden attack qualifies as treachery in murder cases, and when it does not.

Escalation Clauses in Philippine Real Estate Mortgages: Limits and Borrower Rights

Philippine Supreme Court ruling on mortgage escalation clauses, unilateral interest rate hikes, and borrower rights to refunds.

Credibility in Rape Cases: How Mental Capacity Affects Testimony Admissibility

The Supreme Court affirms a rape conviction despite the victim's moderate intellectual disability, clarifying credibility standards for witnesses with mental limitations.

When Judges Face Administrative Complaints: Lessons from Tallado v. Racoma and Dating

The Supreme Court dismissed administrative complaints against two RTC judges, clarifying that errors in judicial discretion are not grounds for administrative liability.

Justice Delayed IS Justice Denied Understanding Judicial Delay AND Inefficiency IN THE Philippines

The Supreme Court clarifies the rules on optional retirement, separation pay, and backwages in illegal dismissal cases involving managerial employees.

Can Administrative Dismissal Extinguish Criminal Liability? A Philippine Case Study

Philippine Supreme Court ruling clarifies that dismissal of administrative charges does not extinguish criminal liability under Article 89 of the RPC.

Kidnapping With Murder as a Complex Crime: Witness Credibility in Heinous Crimes

Supreme Court affirms conviction for two counts of kidnapping with murder, explaining witness credibility rules and the complex crime doctrine.

Reconstitution of Lost Titles: What the Supreme Court Said in Faustino Co Shu Kiam

The Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title under Republic Act No. 26.

Due Process in Administrative Dismissal: Fair Opportunity to Respond in PNP Cases

The Supreme Court clarifies that due process in administrative cases requires notice and an opportunity to explain, not a full trial-type hearing.

Treachery in Philippine Criminal Law: Why Victim Defenselessness Matters

The Supreme Court clarifies when treachery qualifies killing to murder, focusing on the victim's defenselessness and sudden attack.

Lease Renewal Rights: When "Subject to Renewal" Means Mutual Agreement

Philippine Supreme Court clarifies that a lease clause "subject to renewal" does not mean automatic renewal—both parties must agree.

Finality Prevails: Enforcing Judgments and Preventing Alterations in Philippine Law

Philippine Supreme Court ruling on why final judgments are immutable and why execution must strictly follow the dispositive portion.

Unregistered Lease vs Mortgage: Tenant Rights in Foreclosure Explained

When a lease is unregistered and the property is foreclosed, who wins? The Supreme Court clarifies tenant rights in Mercader v. DBP.

Liability in Group Crime: How Conspiracy Establishes Individual Guilt

Philippine Supreme Court ruling on conspiracy in group crimes, individual liability, and why treachery failed in People v. Ladit.

Rape Shield Consensual Relationship Claims and the Imperative of Proof in Rape Cases

The Supreme Court clarifies that a "sweetheart defense" in rape cases requires concrete evidence, not bare assertions, to be credible.

Conspiracy and Liability: When Presence at the Scene Makes You Guilty of Murder in the Philippines

Philippine Supreme Court ruling on how conspiracy in murder can be proven by concerted acts, not just a prior agreement.

Conspiracy and Treachery: How Courts Determine Liability in Group Violence

Philippine Supreme Court explains when conspiracy makes all attackers liable and why warning shots negate treachery in group killings.

Joint vs Solidary Liability: The Limits of Final Judgments in Philippine Labor Law

A final labor judgment binds parties to its exact terms. Learn why the Supreme Court ruled that joint liability cannot be converted to solidary after finality.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Casaje v. Gatbalite

A sheriff's delay in executing final judgments draws administrative liability. The Supreme Court explains the duty of prompt enforcement.

Ignorance of the Law Excuses No One: Judge Fined for Misinterpreting Firearm Rules

A judge was fined for acquitting a civilian who carried an unlicensed gun under an NBI mission order. The Supreme Court clarifies that a mission order is not a license.

Jurisdictional Boundaries Resolving Employer Employee Damage Claims IN THE Philippines

Philippine Supreme Court clarifies that labor arbiters, not regular courts, have exclusive jurisdiction over employer damage claims arising from employment.

Sheriff’s Duty of Custody: Liability for Negligent Loss of Seized Property

Philippine Supreme Court holds sheriff liable for dereliction of duty when a vehicle under custodia legis was lost due to unsafe storage.

Labor vs Civil Law: Who Hears Employer Damage Claims Against Employees?

Supreme Court clarifies that employer claims for damages against dismissed employees fall under Labor Arbiter jurisdiction, not regular courts.