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Showing 4369–4392 of 19,256 articles for “eme”

Writ of Possession for Subsequent Property Purchasers After Foreclosure

Learn when subsequent purchasers of foreclosed property can obtain a writ of possession, and the hearing requirement under Philippine law.

Rape Conviction Upheld: Why Victim Testimony and Credibility Matter in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining why a child victim's credible testimony outweighs denial, alibi, and inconclusive medical findings.

Optional Positions and Local Government Authority: Budgetary Allocation Required for Municipal Appointments

The Supreme Court clarifies that appointments to optional LGU positions like the MENRO require both sanggunian concurrence and a valid appropriation ordinance.

Safeguarding Rights Chain of Custody in Drug Cases and the Presumption of Innocence

The Supreme Court acquits a drug possession convict, ruling that police lapses in chain of custody defeat the presumption of regularity.

Mastermind Liability When Inducement Leads to Robbery and Carnapping

When a mastermind induces others to commit robbery and carnapping, Philippine law holds them fully liable for all consequences.

The 10-Day Rule for Appealing Voluntary Arbitrator Decisions in the Philippines

Learn the strict 10-day deadline for appealing voluntary arbitrator decisions in Philippine labor cases, based on a 2017 Supreme Court ruling.

Mutual Termination of a Construction Contract Does Not Erase Unpaid Obligations

A Supreme Court ruling clarifies that mutually terminating a government construction contract does not waive the contractor's right to collect payment for work already completed.

When a Tax Sale Lacks Notice: Due Process and Res Judicata in Property Auctions

A Supreme Court ruling clarifies that a tax delinquency sale without proper notice violates due process and is not barred by res judicata.

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Adherence to Chain of Custody Rules

The Supreme Court acquits a drug suspect after police failed to justify deviations from Section 21, RA 9165's chain of custody rule.

Bank Manager's Acquittal in Graft Case Does Not Erase Civil Liability for Negligence

Philippine Supreme Court ruling clarifies that acquittal in a criminal graft case does not automatically absolve a bank manager from civil liability for negligence.

Res Judicata and Due Process in Tax Sales: When a Prior Case Does Not Bar a New Suit

The Supreme Court clarifies when res judicata applies in tax delinquency sales and protects property owners' right to due process.

Eminent Domain: How Courts Fix Just Compensation and Interest in Expropriation

Learn how Philippine courts determine just compensation and legal interest in expropriation cases, based on a 2017 Supreme Court ruling.

Guilt Beyond Doubt: Circumstantial Evidence in Robbery With Homicide Cases

How the Supreme Court upheld a robbery-with-homicide conviction based solely on circumstantial evidence, and what this means for criminal prosecutions.

Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage

Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.

Proving an Agrarian Tenancy Relationship: Key Elements Under Philippine Law

Learn the six elements required to prove an agrarian tenancy relationship in the Philippines, and why consent and harvest sharing are crucial.

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Statutory Rape Conviction Upheld: RA 7610 and Child Testimony Explained

The Supreme Court affirms a triple statutory rape conviction, clarifying RA 7610, child testimony, and damages for child victims.

Protecting Childhood Conviction Stands In Statutory Rape Case Despite Lack Of Fresh Medical Evidence

Philippine Supreme Court affirms statutory rape conviction based on credible child testimony, ruling medical evidence is not indispensable.

Sheriffs Must Follow Execution Procedures Exactly or Face Administrative Liability

A sheriff who skipped the demand step before garnishing and levying property was suspended for simple misconduct by the Supreme Court.

Statutory Rape Conviction Affirmed: Child Victim's Sole Testimony Sufficient

Supreme Court affirms statutory rape conviction, ruling a credible child victim's testimony alone suffices even without medical examination.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Judicial Accountability Balancing Discretion AND Duty IN Search Warrant Issuance

A Supreme Court ruling on administrative liability clarifies the balance between judicial discretion in search warrants and accountability for neglect.

Kidnapping for Ransom: Convictions Upheld on Positive Identification and Collective Intent

The Supreme Court affirms kidnapping-for-ransom convictions, explaining how positive identification and conspiracy establish guilt beyond reasonable doubt.

Neglect of Duty in Court Clerks' Responsibility for Safekeeping Exhibits

Court clerks must safely keep exhibits in custodia legis. Learn from a Supreme Court ruling on simple neglect of duty for lost firearms.