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Showing 2857–2880 of 19,255 articles for “eme”

Treachery Unproven Conviction Reduced to Homicide Absent Deliberate Attack

Supreme Court clarifies that sudden attacks do not automatically constitute treachery, reducing a murder conviction to homicide.

Investment Fraud and Conspiracy in Estafa Cases: A Philippine Supreme Court Guide

The Supreme Court explains how conspiracy in investment fraud estafa cases is proven, using the landmark Sulit v. People decision.

Falsification vs Estafa: Identifying the True Crime in Fraudulent Schemes

The Supreme Court clarifies when falsification of a private document, not estafa, is the proper charge in fraud cases.

Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases

Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.

Probable Cause and Conspiracy: When Presence Alone Does Not Mean Guilt in Insurance Fraud

Supreme Court clarifies that mere presence and family ties do not establish conspiracy or probable cause in insurance fraud cases.

Navigating Firearms Regulation in the Philippines: The Supreme Court's Ruling on RA 10591

The Supreme Court upheld most of RA 10591 but struck down the PNP's warrantless home inspection consent requirement for firearm license applicants.

Electoral Protests and the Limits of Challenging Election Results in the Philippines

The Supreme Court's ruling in Marcos v. Robredo clarifies the rules, burdens, and limits of contesting presidential and vice presidential election results.

Disbarment for Disrespect: Upholding Judicial Authority and Ethical Conduct in the Legal Profession

The Supreme Court disbarred a lawyer for repeated abuse of court processes, dilatory tactics, and disrespect toward a Court of Appeals justice.

Accountability for Loss of Court Records: Simple Neglect of Duty Explained

When court records go missing, who is accountable? The Supreme Court explains simple neglect of duty for record custodians.

Local Fiscal Autonomy vs National Film Development: The Operative Fact Doctrine in Tax Cases

The Supreme Court balances local fiscal autonomy and national film development in the FDCP amusement tax case, applying the operative fact doctrine.

Upholding Arbitral Awards: The Limits of Court Review in Construction Disputes

Philippine Supreme Court clarifies when courts may modify CIAC arbitral awards, emphasizing finality of factual findings in construction disputes.

Falsifying MCLE Compliance Numbers: A Supreme Court Lesson in Professional Integrity

Learn how a lawyer's use of a fictitious MCLE number led to disbarment, and what it means for every Philippine practitioner.

Presidential Immunity Shielding THE Chief Executive From Suit During Tenure

Explaining the Supreme Court's ruling that a sitting President enjoys immunity from suit, including habeas data petitions, during tenure.

Firearm Regulation in the Philippines: The Right to Privacy vs. Public Safety

The Supreme Court ruled that firearm ownership is a privilege, not a right, but struck down warrantless home inspections as unconstitutional.

Quantum Meruit and Government Contracts: Reclaiming Payment for Completed Projects

The Supreme Court allows payment for completed government projects even without a written contract, applying quantum meruit to prevent unjust enrichment.

Protecting Rights Illegal Drug Possession AND THE Chain OF Custody Rule

The Supreme Court acquits a drug possession accused because police failed to comply with Section 21's witness requirements, reinforcing the chain of custody rule.

Reviving Judgments When Delays Extend the Execution Period Under Philippine Law

Philippine Supreme Court clarifies when a final judgment can still be executed by motion beyond five years if the losing party caused the delay.

Reviving Judgments: The Supreme Court on Delayed Execution and Equity

A sheriff's hasty eviction without the required notice is grave abuse of authority, even when enforcing a final judgment.

Ensuring Swift Justice: The Importance of Timely Case Disposition in Philippine Courts

A Supreme Court ruling on a judge's undue delay in disposing a criminal case underscores why timely case disposition is vital to Philippine justice.

Sheriff's Duty in Eviction: Three-Day Notice Cannot Be Skipped

Philippine Supreme Court clarifies sheriffs must give three-day notice before enforcing eviction writs, even in immediately executory cases.

Chain of Custody Rule in Drug Cases: Why Witnesses Must Be Present at Seizure

The Supreme Court acquits a drug suspect because police failed to secure the required witnesses during inventory, reinforcing the chain of custody rule.

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

Reasonable Doubt in Administrative Cases: Daquioag v. Ombudsman

In Daquioag v. Ombudsman, the Supreme Court reversed a grave misconduct finding, underscoring that substantial evidence—not mere suspicion—is required in administrative cases.

Understanding Conspiracy and Homicide When Threats Turn Deadly

A Supreme Court ruling clarifies how circumstantial evidence can prove rape with homicide and why alibi often fails.