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Showing 19129–19152 of 19,300 articles for “eme”

Rape and Incest: When Family Betrayal Meets Justice in the Philippines

A Philippine Supreme Court case on a son raping his mother, explaining the rules on credibility, denial, and penalties for incestuous rape.

Mutuality of Contracts: Why Banks Cannot Unilaterally Change Interest Rates

Philippine Supreme Court ruling explains why banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.

Navigating Direct Assault: Understanding Its Complexities and Implications in Philippine Law

A look at the Supreme Court ruling in People v. Abalos, explaining the elements of direct assault and its complex crime implications.

When a Judge's Error Becomes Grave Abuse of Discretion: Lessons from Santiago Land Development

Philippine Supreme Court clarifies when a judge's mistake in denying a motion to dismiss rises to grave abuse of discretion correctable by certiorari.

Reversion of Illegally Obtained Public Land: Indefeasibility of Title vs. State's Inherent Right

The Supreme Court rules that the State can recover public land fraudulently titled, as indefeasibility of title cannot defeat reversion.

Investment or Loan? Understanding Estafa and Fiduciary Duty in the Philippines

The Supreme Court clarifies when a failed investment becomes estafa under the Revised Penal Code, and why fiduciary duty matters.

When Can an Employee Be Dismissed: The Rule on Immediate Reinstatement Pending Appeal

Learn the rule on immediate reinstatement pending appeal in illegal dismissal cases, explained through the Philippine Airlines v. NLRC ruling.

Positive Identification in Philippine Criminal Law: When Is It Enough for Conviction

When does a witness's positive identification suffice for conviction? The Supreme Court explains in People v. Compendio.

Rape Conviction: The Role of Intimidation and Consent in Philippine Law

Philippine Supreme Court clarifies that intimidation, not just force, proves rape; a stepfather's moral ascendancy over a child victim is key.

Replevin Actions and Chattel Mortgagees: When the Mortgagor Must Be Impleaded

Philippine Supreme Court clarifies when a chattel mortgagee must implead the mortgagor in a replevin action to foreclose on a vehicle.

Just Compensation and Landowner Rights in Philippine Land Reform

Philippine Supreme Court rules landowners who reject DAR valuation must still be paid promptly, protecting their right to just compensation under CARP.

Contract of Sale vs. Contract to Sell: Key Differences Under Philippine Law

The Supreme Court explains the crucial distinction between a contract of sale and a contract to sell, and why the label on the document does not always determine the true agreement.

Surety Agreements Understanding THE Limits OF Liability IN Philippine LAW

Learn how Philippine courts interpret surety agreements, the limits of a surety's liability, and key defenses under the Civil Code.

Perfecting an Appeal: Understanding the Importance of Procedural Compliance in Philippine Law

Philippine Supreme Court ruling on strict procedural compliance in appeals and the limits of administrative interpretation of law.

Treachery in Philippine Law: Understanding Murder vs. Homicide

The Supreme Court clarifies when treachery qualifies a killing as murder, distinguishing it from homicide in People v. Compendio.

Immediate Reinstatement Pending Appeal: What Philippine Employees Should Know

Philippine Airlines v. NLRC explains the immediate executory nature of reinstatement orders pending appeal under Article 223 of the Labor Code.

Adverse Claims in Philippine Property Law: Validity, Effectivity, and Third-Party Rights

The Supreme Court clarifies when an adverse claim remains effective under Section 70 of PD 1529 and its effect on subsequent levies.

Amending Pleadings: When Can You Change Your Legal Strategy Mid-Case?

Learn when Philippine courts allow supplemental or amended complaints to change relief sought mid-case, based on Superclean Services v. HDMF.

Self-Defense in the Philippines: Unlawful Aggression and the Cabiles Case

Philippine self-defense law requires unlawful aggression, reasonable force, and no provocation. The Cabiles case shows how courts test these elements.

PNP Accountability When Law Enforcers Commit Murder in the Philippines

Supreme Court affirms murder conviction of four PNP members, holding police accountable for extrajudicial killing and escape from custody.

Enforcing Labor Rights Understanding Prescription AND Jurisdiction IN Philippine Labor LAW

Learn how the Supreme Court ruled on labor claim prescription, jurisdiction, and enforcement of compromise agreements in MWSS v. NLRC.

Citizenship and Election Law: Reclaiming Governance Rights in the Philippines

The Supreme Court ruled on citizenship, repatriation, and election law in Frivaldo v. COMELEC, affirming that a repatriated Filipino can hold public office.

Establishing Employer-Employee Relationship Is Key to Illegal Dismissal Claims in the Philippines

Philippine Supreme Court ruling on why proving employer-employee relationship is essential before an illegal dismissal case can prosper.

Rape and Statutory Rape: Understanding the Nuances of Consent and Age in Philippine Law

A 1996 Supreme Court ruling clarifies the key difference between statutory rape and rape by force, and why proving the victim's age matters.