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Showing 433–456 of 514 articles for “erc”

Credibility in Grave Coercion Cases: Scrutinizing Witness Testimony and Double Jeopardy Claims

How the Supreme Court weighed witness credibility in grave coercion and rejected a double jeopardy defense in Sarabia v. People.

Registered Vehicle Owner’s Liability for Accidents: Aguilar v. Commercial Savings Bank

Philippine law holds the registered vehicle owner primarily liable for accidents, even if another person was driving. Learn the rule and its practical impact.

Traffic Altercation Turns Deadly: When a Single Gunshot Is Homicide, Not Murder

A road-rage shooting kills a pregnant woman. The Supreme Court explains why the killing was homicide, not murder, absent treachery.

Sheriffs Cannot Pierce the Corporate Veil: Levying Corporate Property for a Stockholder's Debt

A sheriff who levies on corporate property to satisfy a stockholder's personal debt acts beyond authority. The Supreme Court explains why.

Overcoming Alibi and Positive Identification in Philippine Criminal Cases

How the Supreme Court treats alibi versus positive identification, using a rape case where a stepfather's defense failed.

Defining Counterclaims: Compulsory vs. Permissive in Philippine Courts

Learn how Philippine courts distinguish compulsory from permissive counterclaims, and why docket fees and jurisdiction depend on that distinction.

Self-Defense: When Apparent Danger Justifies Deadly Force in Philippine Law

Philippine Supreme Court clarifies when self-defense justifies deadly force, requiring actual unlawful aggression, not just perceived threats.

Piercing the Corporate Veil: Fraud and Mismanagement as Grounds for Corporate Liability

The Supreme Court explains when courts may disregard corporate fiction and why mere control or mismanagement is not enough.

Credible Eyewitness Testimony Overcomes Alibi in Philippine Murder Case

Explore how credible eyewitness testimony defeats alibi in Philippine murder cases, citing People v. Panela and key legal principles.

Online Psychological Abuse Under RA 9262: Penalty Raised for Social Media Use

Supreme Court affirms VAWC conviction for Facebook post, raises penalty for ICT use under Cybercrime Law.

Philippine Lease Agreements Upholding Tenant Rights Despite CO Ownership Claims

Philippine Supreme Court ruling on lease terms, co-ownership, and tenant rights in commercial property disputes.

Maintaining Impartiality: Why a Judge's Demeanor Matters in Philippine Courts

A judge's private talks with a litigant can create an appearance of bias. The Supreme Court explains why demeanor and perceived impartiality matter.

Piercing the Veil of Unregistered Organizations When Philippine Representatives Become Personally Liable

Philippine Supreme Court ruling on when officers of unregistered associations face personal liability for organizational debts.

Unreliable Eyewitness Testimony and the Presumption of Innocence in Philippine Criminal Law

The Supreme Court acquits three men convicted of robbery with homicide, ruling that inconsistent eyewitness testimony cannot overcome the presumption of innocence.

The Power of Eyewitness Testimony in Philippine Robbery with Homicide Cases

How positive eyewitness identification overcomes alibi and denial in robbery with homicide prosecutions, as shown in People v. Carugal.

Unpacking Treachery: How Philippine Courts Define Murder

A look at how Philippine courts define treachery in murder cases, and why eyewitness identification must overcome reasonable doubt.

Exclusive Distributorship Breach: Key Lessons from Bayer vs. Bompat

Philippine Supreme Court ruling on exclusive distributorships: breach, compulsory counterclaims, storage fees, and damages explained for businesses.

Statutory Rape in the Philippines: Why Consent Does Not Matter When the Victim Is Under 12

Philippine law treats sexual intercourse with a child under 12 as statutory rape—consent is irrelevant. This case explains the rule.

Contempt of Court: Balancing Judicial Authority and Individual Rights in the Philippines

Philippine Supreme Court ruling on indirect contempt, fines versus indefinite incarceration, and the courts' coercive power to enforce orders.

When a Lawyer's Negligence Binds the Client: The Mercury Drug Rule on Notice and Final Judgments

Philippine Supreme Court clarifies when a lawyer's failure to inform the client of an adverse judgment is binding, and when relief from judgment is unavailable.

Forcible Abduction and Rape: When "Elopement" Is Actually a Crime

Philippine Supreme Court clarifies forcible abduction, rape, and grave coercion in People v. De Lara, distinguishing consensual elopement from criminal force.

Appeal vs Certiorari in Philippine Courts: Why the Wrong Remedy Can Cost You Your Case

Philippine Supreme Court explains why appeal and certiorari are not interchangeable remedies, and how choosing wrong can be fatal.

Jurisdiction Over Foreign Entities: Summons and Due Process in Philippine Courts

When can Philippine courts validly exercise jurisdiction over foreign corporations? The Banco do Brasil case explains the rules on summons and due process.

Intrafamilial Trust Betrayal Overcoming Testimony Inconsistencies IN Incestuous Rape Cases

How Philippine courts weigh a rape victim's testimony against minor inconsistencies, and why credibility prevails over trivial contradictions.