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Showing 3937–3960 of 19,256 articles for “eme”

Unexplained Wealth Forfeiture of Illegally Acquired Assets Under Philippine Law

The Supreme Court clarifies the rules on forfeiture of unlawfully acquired assets under RA 1379, including the burden of proof and evidentiary standards.

Interest After Foreclosure: When Contractual Obligations Continue to Run

Philippine Supreme Court clarifies when interest stops after foreclosure, emphasizing contractual obligations and the immutability of final judgments.

Chain of Custody in Drug Cases: Why Non-Compliance Can Mean Acquittal

The Supreme Court acquits a drug suspect because police failed to justify deviations from Section 21's chain of custody rules.

Unlawful Detainer Complaints: Why Alleging Tolerance Matters for Jurisdiction

The Supreme Court explains why an unlawful detainer complaint must allege initial lawful possession by tolerance—or the case fails for lack of jurisdiction.

Protecting Children Moral Ascendancy AND Criminal Liability FOR Sexual Abuse IN THE Philippines

The Supreme Court affirms robbery with rape conviction, clarifying out-of-court identification rules and damages for sexual abuse victims.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

The Supreme Court acquits a drug suspect when police fail to justify non-compliance with Section 21's chain of custody rule.

Chain of Custody and Drug Cases: Ensuring Evidence Integrity

The Supreme Court acquits a drug suspect when police fail to justify non-compliance with Section 21 of RA 9165, emphasizing evidence integrity.

When Public Servants Cross the Line: Extortion Under the Guise of Authority

Philippine law on extortion by public officers, the elements of the crime, and what constitutes abuse of authority.

Land Ownership Disputes: Court vs. DAR Jurisdiction Over CLOA Cancellation

Philippine Supreme Court clarifies when courts lack jurisdiction over land disputes involving CLOAs and agrarian reform titles.

Immutability of Judgments in Foreclosure Interest Calculations and Redemption Rights

Supreme Court clarifies that final judgments on foreclosure interest cannot be modified, and redemption rights lapse without payment.

Seafarers' Disability Claims: The Duty to Inform and the 120/240-Day Rule

The Supreme Court clarifies that a company-designated physician must actually inform the seafarer of a disability assessment; mere issuance is not enough.

Voluntary Resignation vs Illegal Dismissal: Proving the Fact of Termination

Philippine Supreme Court clarifies that employees must first prove the fact of termination before employers bear the burden of showing just cause.

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Affidavit of Recantation: When Does It Reverse a Conviction

The Supreme Court explains when a complainant's recantation can overturn a conviction and why courts view retractions with suspicion.

Master's Degree Requirement for College Faculty: Educational Standards Prevail Over CBA Tenure Provisions

Supreme Court rules CHED faculty qualification requirements prevail over CBA tenure-by-default provisions, upholding dismissal of professors without master's degrees.

Reformation of Instruments When a Written Contract Fails to Reflect True Intentions

Philippine Supreme Court explains when courts may reform a written contract to reflect the parties' true intentions, citing Article 1359.

When Legal Interest Begins on Construction Claims: Lessons from Yamauchi v. Suñiga

The Supreme Court clarifies when 6% legal interest accrues on construction damage awards and how courts determine temperate damages.

Behest Loans and Due Diligence: Protecting Public Funds From Graft

Supreme Court ruling on when government loans become graft, and why due diligence and business judgment protect public officials.

Electricity Disconnection: Utility's Duty to Inspect and Provide Notice

When can a distribution utility disconnect electric service? The Supreme Court clarifies the duty to inspect meters and give proper notice.

Kidnapping and Serious Illegal Detention: Victim's Testimony as Primary Evidence

In People v. Fajardo, the Supreme Court ruled that a victim's credible testimony alone can convict kidnappers, even without confessions.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

Child Abuse Conviction for Lascivious Acts Against a Minor Under RA 7610

The Supreme Court clarifies when lascivious acts against a child constitute child abuse under RA 7610, not just acts of lasciviousness.

Ombudsman's Discretion in Evaluating Criminal Complaints: Key Lessons from Espaldon v. Buban

The Supreme Court clarifies that the Ombudsman's discretionary dismissal under Section 20 of R.A. 6770 applies only to administrative, not criminal, complaints.