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Showing 3769–3792 of 19,256 articles for “eme”

Right to Preliminary Investigation: When the Ombudsman's Failure to Serve the Complaint Violates Due Process

The Supreme Court rules that withholding the complaint affidavit during preliminary investigation violates the accused's constitutional right to due process.

Zero-Rated VAT on International Air Transport Services: Invoicing Rules Clarified

Philippine Supreme Court clarifies zero-rated VAT for international air transport services and invoicing requirements in CIR v. Euro-Philippines Airline Services.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Self-Defense or Murder: Unlawful Aggression and Treachery in Philippine Law

The Supreme Court explains when a killing is justified self-defense, not murder, and how unlawful aggression and treachery are judged.

Good Faith Belief in Ownership Defeats Qualified Theft Charge

Supreme Court acquits spouses of qualified theft, ruling that honest belief in ownership negates intent to steal.

Ombudsman Appeals and Procedural Rules: When Technicalities Yield to Substantial Justice

The Supreme Court reminds appellate courts that procedural lapses should not defeat the merits of an administrative appeal, especially when a government employee's dismissal is at stake.

When Sudden Attacks Don't Always Mean Treachery: Reassessing Criminal Liability in Homicide Cases

The Supreme Court clarifies when a sudden attack constitutes treachery in murder cases, and why self-defense claims fail without proof of unlawful aggression.

Chain of Custody in Drug Cases: Why Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect when police fail to explain lapses in Section 21 chain of custody rules, preserving evidence integrity.

Reasonable Doubt and the Chain of Custody Rule in Drug Possession Cases

The Supreme Court acquits a drug possession accused due to unjustified gaps in the chain of custody, reaffirming the presumption of innocence.

Breach of Procurement Rules: Gross Neglect of Duty, Not Grave Misconduct, in Government Contracts

The Court clarifies when a public officer's carelessness over lost documents amounts to simple neglect, not grave misconduct.

Reasonable Doubt in Drug and Firearm Cases: When Broken Chain of Custody Means Acquittal

The Supreme Court acquits a drug suspect when police break the chain of custody, safeguarding the constitutional right to be presumed innocent.

Histrionic Personality Disorder as Ground for Nullity: Understanding Marital Obligations and Psychological Inc

The Supreme Court affirms that histrionic personality disorder can be psychological incapacity under Article 36, explaining the standards for declaring a marriage void.

Divorce Abroad and Filipino Spouses: Article 26 of the Family Code Explained

The Supreme Court clarifies when a divorce obtained abroad by a Filipino spouse against a foreigner is recognized under Article 26 of the Family Code.

Land Title Registration Proving Ownership AND Alienability FOR Public Land Claims

Philippine Supreme Court ruling on land title registration, ownership proof, and alienability requirements for public land claims.

Eyewitness Testimony and Alibi Defense: Credibility in Murder Cases

How Philippine courts weigh eyewitness identification against alibi and denial in murder prosecutions, explained through a 2018 Supreme Court ruling.

Input VAT in Construction Costs and Ownership Shares in Realty Disputes

Philippine Supreme Court ruling on input VAT in construction costs and proportional ownership shares in a realty joint venture dispute.

Investment House Liable to Investor for Money Market Placement Default

Supreme Court holds investment house liable to investor for defaulted money market placement, clarifying lender-borrower relationship and damages.

Investment House Liability When Financial Intermediaries Fail

When a Philippine investment house places client funds with a borrower that fails, who bears the loss? The Supreme Court clarifies liability in Abacus v. Tabujara.

Statutory Rape Conviction Modified to Simple Rape When Victim's Age Not Proven Beyond Reasonable Doubt

Philippine Supreme Court clarifies proof required for statutory rape, modifying conviction to simple rape when victim's age wasn't established beyond reasonable doubt.

Voice Recognition as Valid Identification in Rape Cases: Protecting Victims and Ensuring Justice

Supreme Court affirms rape conviction based on voice identification, clarifying force, intimidation, and victim credibility standards.

Broken Chain of Custody Leads to Acquittal in Illegal Drug Sale Case

A broken chain of custody and lapses under Section 21 of RA 9165 led the Supreme Court to acquit an accused in an illegal drug sale case.

Compulsory Retirement Requires Employee Consent: Manila Hotel v. De Leon

A hotel's compulsory retirement of a 57-year-old manager without her consent was illegal dismissal. Learn the rules on early retirement.

Breach of Trust, Intrafamilial Rape, and the Erosion of Parental Authority in the Philippines

The Supreme Court clarifies the distinction between statutory and simple rape when the prosecution fails to prove the victim's exact age.

Establishing Land Ownership: The Imperative of Continuous Possession Since June 12, 1945

Original registration of land requires open, continuous, exclusive, and notorious possession since June 12, 1945 or earlier. The Supreme Court clarifies the strict requirements.