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Showing 18529–18552 of 19,300 articles for “eme”

Judicial Misconduct: Abuse of Authority and Its Consequences for Judges

Philippine Supreme Court censures judge for grave abuse of authority, misconduct in issuing extended TROs and lifting hold departure order.

Consent and Intimidation in Rape Cases: Lessons from People v. Antido

The Supreme Court's ruling in People v. Antido clarifies how consent and intimidation are weighed in rape prosecutions.

Enforcing Compromise Agreements Navigating Disputes AND Appeals IN THE Philippines

Philippine Supreme Court ruling on final and executory judgments, execution of awards, and limits on modifying settled labor disputes.

Kidnapping vs. Illegal Detention: The Role of Intent Under Philippine Law

Philippine law distinguishes kidnapping from illegal detention by the offender's intent. The Supreme Court explains the difference in People v. Dadles.

Assigning Lease Rights When IS Consent Required IN THE Philippines

Philippine Supreme Court clarifies when a lessee can assign lease rights, including a right of first option, without the lessor's consent.

Self-Defense and Treachery in Philippine Criminal Law: Lessons from People v. Panes

A 1997 Supreme Court ruling clarifies when self-defense fails and treachery qualifies killings as murder in the Philippines.

Regular vs Project Employees: Understanding Employment Status in the Philippines

The Supreme Court clarifies regular employment, constructive dismissal, and retirement rights in Ondevilla v. Colegio de San Juan de Letran.

Judicial Misconduct When Ignorance of the Law Is No Excuse

Supreme Court fines judge and clerk for issuing subpoena to a life-term prisoner without authority, ruling ignorance of circulars is no excuse.

Officer Compensation vs Director Compensation: A Philippine Corporate Law Guide

Philippine Supreme Court clarifies the distinction between officer and director compensation under the Corporation Code.

Right to Backwages When an Illegally Dismissed Employee Is Entitled

Philippine Supreme Court clarifies when an illegally dismissed government employee is entitled to backwages and other benefits.

Foreign Currency Deposits: Balancing Secrecy and Justice in the Philippines

The Supreme Court ruled that foreign currency deposit secrecy cannot shield a transient alien's funds from satisfying a judgment for heinous crimes against a Filipino minor.

Treachery in Philippine Criminal Law: Understanding Intent and Qualifying Circumstances

The Supreme Court explains treachery, evident premeditation, and conspiracy in a brutal multiple murder case from Negros Oriental.

Liability for Dishonored Checks: When Civil Damages Can Be Recovered

A Supreme Court ruling clarifies when a party can recover civil damages from a check issuer even if criminal liability under B.P. 22 is not established.

The Clerk’s Duty: Accurate Case Reporting and the Efficient Administration of Justice in the Philippines

A Supreme Court ruling on a judge and clerk fined for issuing a subpoena to a life-term prisoner without authority, underscoring diligence in court duties.

Docket Fees and Venue: When Payment Must Be Made Anew on Refiling

Philippine Supreme Court clarifies that refiling a case in the proper venue requires new docket fees; prior payments do not transfer.

Clerks of Court Responsibilities and Liabilities for Lost Court Exhibits

Philippine Supreme Court ruling on clerk of court liability for lost firearms exhibits and the duty to turnover evidence after cases end.

Incestuous Rape: Why a Victim's Testimony Prevails Over Familial Betrayal

The Supreme Court affirms a father's rape conviction based on the credible testimony of his minor daughter, clarifying key rules on penetration and witness credibility.

Credibility of Eyewitnesses in Philippine Criminal Law: Lessons from People v. Palomar

How the Supreme Court weighed eyewitness credibility, minor inconsistencies, and alibi in a brutal multiple murder case.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

When a Drinking Session Turns Into Murder: Conspiracy and Treachery Under Philippine Law

A look at how the Supreme Court applied conspiracy and treachery to convict five men for clubbing a drinking companion to death.

Illegal Dismissal of Ship Captain: When Refusing an Unsafe Order Is Not Incompetence

The Supreme Court ruled that a ship captain's refusal to tow a barge with worn-out ropes was not incompetence but sound professional judgment, making his dismissal illegal.

Illegal Possession of Firearms in the Philippines: Penalties and Retroactive Laws

Learn how the Supreme Court applied a new, lighter penalty for illegal firearm possession retroactively, and what this means for criminal cases in the Philippines.

Land Ownership Disputes: How Procedural Errors Can Cost the Government a Case

A Supreme Court ruling shows how the government's failure to formally present evidence in land disputes can lead to adverse rulings and costly remands.

Wrongful Termination: Employee Rights and Employer Obligations in the Philippines

A Supreme Court ruling clarifies the two requirements for valid dismissal: just cause and due process. Learn the rules.