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Showing 289–312 of 19,244 articles for “eme”

Qualified Theft vs. Simple Theft: When Does Grave Abuse of Confidence Apply?

The Supreme Court clarifies when employee theft becomes qualified theft, requiring proof of special trust beyond ordinary employer-employee relations.

Breach of Fiduciary Duty: Attorneys Must Account for Client Funds or Face Suspension

The Supreme Court suspended a lawyer for two years for failing to turn over client funds, reaffirming the strict fiduciary duty of attorneys.

Judicial Acts During Suspension: Balancing Authority and Protecting Litigant Rights

The Supreme Court validates decisions of a suspended judge under the de facto officer and operative fact doctrines, protecting good-faith litigants.

Good Faith Defense: When Public Officials Can Avoid Liability for Disallowed Fund Transfers

The Supreme Court clarifies when good faith shields public officials from personal liability in COA disallowances involving PDAF fund transfers.

Attorney's Fees in Seafarer Disability Claims: New Supreme Court Guidelines

The Supreme Court clarifies when attorney's fees may be awarded in seafarer disability cases, rejecting automatic grants and setting stricter standards.

Judicial Immunity: Administrative Complaints Cannot Substitute Judicial Remedies

Administrative complaints cannot substitute judicial remedies against judges. Learn from a recent Supreme Court ruling on judicial immunity.

Grave Misconduct and the Limits of Good Faith in Public Service Procurement

Supreme Court clarifies when good faith excuses public officers from grave misconduct in government procurement and acceptance of goods.

When Legal Advice Becomes a Crime: The Anti-Graft Law in the Philippines

The Supreme Court clarifies when a government lawyer's erroneous advice may—or may not—constitute graft under Section 3(e) of RA 3019.

Conspiracy and Ignominy in Rape Cases: Understanding Criminal Liability

How conspiracy and ignominy widen criminal liability in rape cases under Philippine law, explained through a recent Supreme Court ruling.

COMELEC Can Disqualify Candidates for Indirect Election Fraud: Noveras Case

The Supreme Court clarifies when the COMELEC may disqualify a winning candidate for indirect election offenses under Section 261(e) of the Omnibus Election Code.

Election Law Disqualification for Illegal Use of Public Funds in the Philippines

Learn how a final conviction with perpetual disqualification can cancel a candidacy, as ruled by the Supreme Court.

Qualified Rape and Due Process: When "Niece" in the Information Suffices

The Supreme Court clarifies that naming a victim as an During trial, AAA positively identified her maternal uncle as the perpetrator, narrating that he dragged her to a hut, undressed her, and inserte

Lawyer Disbarred for Investment Scam and Bounced Checks Under the CPRA

The Supreme Court disciplines a lawyer for running an unregistered investment scheme and issuing dishonored checks, applying the new CPRA penalty framework.

Lascivious Conduct vs. Acts of Lasciviousness: How the Supreme Court Classifies Child Abuse Cases

The Supreme Court affirmed a conviction for molesting a 14-year-old girl and clarified the correct charge and penalty for lascivious conduct against minors.

When Are Bank Officers Personally Liable for Corporate Decisions? PDIC v. Ilio

The Supreme Court clarifies when bank officers can be held administratively liable for corporate decisions, setting limits on personal responsibility.

Overtime Rights Security Guard DTRs As Proof Of Extra Hours

Security guards can prove overtime work through DTRs countersigned by the client. A 2024 Supreme Court ruling explains the rules.

Graft and Corruption: Navigating Good Faith in Philippine Government Contracts

The Supreme Court acquits engineers of graft for lack of evident bad faith, but orders restitution for a phantom fence project.

Divorce Abroad: Proving the Right Foreign Law for Recognition in the Philippines

The Supreme Court clarifies which foreign law must be proven to recognize a divorce obtained abroad by a Filipino's alien spouse.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Lease Improvements and Builder in Good Faith: What Philippine Lessees Must Know

Philippine Supreme Court clarifies who owns lease improvements and why "builder in good faith" rarely applies to lessees.

When Can a Writ of Possession Be Challenged? Property Rights Explained

A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after foreclosure.

Failure to Ensure Witness Presence Leads to Acquittal in Drug Cases Protecting Rights

The Supreme Court acquitted two accused in a drug case because insulating witnesses were absent during arrest, protecting the accused's rights.

Bill Deposits and Consumer Rights: What the Supreme Court Said in Colmenares v. ERC

The Supreme Court upheld bill deposits as valid but dismissed the challenge on procedural grounds. Here's what consumers should know.

LRT Concession Supreme Court Upholds Government Authority AND DUE Process IN Public Private Partnerships

The Supreme Court upholds the LRT 1 concession agreement, affirming government authority and due process in public-private partnerships.