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Showing 3961–3984 of 19,256 articles for “eme”

Treachery Unveiled: Distinguishing Homicide From Murder in Sudden Attacks

The Supreme Court clarifies when sudden attacks amount to treachery, distinguishing murder from homicide in People v. Abina.

Reasonable Doubt in Drug Cases: The Three-Witness Rule and Chain of Custody

Supreme Court acquits drug suspect over broken chain of custody and missing witnesses—explaining Section 21, RA 9165 requirements.

Third Party Interference: Protecting Exclusive Distributorship Rights in the Philippines

The Supreme Court clarifies when third parties can be liable for interfering with exclusive distributorship contracts under Philippine law.

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.

Freedom TO Travel Safeguarding Constitutional Rights Against Administrative Overreach

The Supreme Court strikes down DOJ Circular No. 41 for infringing the constitutional right to travel, reaffirming that only law, not administrative fiat, may restrict it.

Psychological Incapacity in Marriage: Proving the Burden for Annulment

The Supreme Court clarifies the burden of proof for annulment based on psychological incapacity under Article 36 of the Family Code.

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Judicial Efficiency vs Personal Hardship: Striking a Balance in Administrative Liability

The Supreme Court clarifies when personal hardships can and cannot excuse a judge's delay in deciding cases, imposing a P15,000 fine for gross inefficiency.

Compromised Integrity: Navigating the Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect over unjustified lapses in the chain of custody, underscoring strict compliance with Section 21 of RA 9165.

Speedy Disposition of Cases: Balancing Rights and Preventing Unjustified Delays

The Supreme Court clarifies when delay violates the right to speedy disposition, using the balancing test to weigh prosecution conduct and accused's actions.

Sheriffs Overreach: Defining the Boundaries of Official Duty and Ethical Conduct

A Supreme Court ruling clarifies when a sheriff's actions exceed official duty, imposing administrative liability for abuse of authority.

Diminished Liability Distinguishing Homicide From Murder Based ON Proof OF Superior Strength

The Supreme Court explains when the qualifying circumstance of abuse of superior strength applies—and when it does not.

Franchise Disputes and Cooperative Restructuring in Philippine Electrification

Supreme Court clarifies NEA authority over electric cooperative franchises, asset transfers, and why internal restructuring cannot create new cooperatives.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Defense of Relatives and Unlawful Aggression in Philippine Criminal Law

The Supreme Court clarifies when defense of relatives justifies a killing and why unlawful aggression is its indispensable requirement.

Supreme Court Upholds Strict Rules on Certiorari Petitions in Labor Cases

Learn how the Supreme Court enforces strict rules on certiorari petitions and what this means for legal practitioners and clients.

How Philippine Courts Assess Credibility and Consent in Rape Cases

A look at how the Supreme Court evaluates witness credibility, consent, and damages in rape convictions, using People v. Bugna.

Breach of Trust Defining Qualified Rape in Familial Abuse Cases

A Supreme Court ruling clarifies when a father's rape of a minor daughter constitutes qualified rape, carrying the penalty of reclusion perpetua.

Cyber Libel Prescribes in One Year: Supreme Court Clarifies RA 10175 and RA 9480

The Supreme Court rules cyber libel prescribes in one year, not 15, and clarifies when the prescriptive period starts running.

Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline

The Supreme Court clarifies that the 20-meter road right-of-way easement under the Public Land Act is measured from the centerline of the highway.

Rape Conviction Affirmed: Credibility of Victim Testimony and the Weakness of Alibi Defense

In People v. Ganaba, the Supreme Court affirmed a rape conviction, stressing that victim testimony can outweigh alibi and denial defenses in criminal cases.

Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations

The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.

Possession vs Ownership: Resolving Land Disputes Through the Proper Legal Action

Philippine Supreme Court clarifies when to file unlawful detainer versus accion publiciana, and why bare allegations of tolerance are not enough.

Unlawful Detainer vs Accion Publiciana: When Ejectment Cases Fail

Understand when an ejectment case fails and why accion publiciana is the proper remedy for recovering possession of property.