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Showing 6697–6720 of 19,261 articles for “eme”

Circumstantial Evidence and Conviction: Establishing Guilt Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for homicide, and clarifies the rules on incomplete self-defense and voluntary surrender.

Safeguarding Public Funds: When Officials Can Be Held Liable for Negligence in Disbursement

A Supreme Court disbarment case clarifies how negligence and dishonesty in handling client money and documents can lead to suspension, fines, and worse.

VAT Refund for Foreign Tourists Upheld: Equal Protection and Taxation Rules Explained

The Supreme Court upheld the constitutionality of the VAT refund law for foreign tourists, explaining the limits of equal protection in taxation.

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why using Facebook raises the penalty.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Lost Owner's Duplicates

Supreme Court clarifies when courts may grant reconstitution of lost titles and what evidence suffices under Republic Act No. 26.

Fraternity Violence and Eyewitness Identification: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld convictions for fraternity violence based on positive eyewitness identification despite masks and chaotic circumstances.

Tax Treaty Benefits: Prior Application Not Always Required for Refunds

Philippine Supreme Court ruling clarifies when tax treaty benefits can be claimed without prior application, impacting refund claims.

Estafa and Inflation: Supreme Court on Disproportionate Penalties in Property Crimes

The Supreme Court explains why courts cannot adjust estafa penalties for inflation and what Article 5 of the Revised Penal Code requires instead.

Lawyer's Disbarment Upheld, Fines Imposed for Disrespect and Noncompliance

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and defying IBP directives, clarifying accountability under CPRA.

Backwages and Retirement: When Prior Court Decisions Can Be Reopened

A look at Ondevilla v. Colegio de San Juan de Letran on illegal dismissal, retirement age, and finality of judgments.

Accidental Injury at Sea: Defining "Accident" for Seafarer Disability Claims

When is a seafarer's injury an "accident" for CBA disability benefits? The Supreme Court clarifies in Sunga v. Virjen Shipping.

Double Sale Doctrine: Prior Registration Determines Land Ownership

When two buyers claim the same land from different sellers, prior registration of title prevails. Learn from a 2014 Supreme Court ruling.

When a Later Title Loses: Prior Registration and Good Faith in Philippine Land Disputes

The Supreme Court clarifies that earlier certificates of title prevail over later ones, and buyers cannot claim good faith when the title itself bears notice of a prior sale.

Falsification of Public Documents: Balancing Expert Testimony and Due Process

A Supreme Court ruling clarifies how NBI expert reports and due process rights interact in falsification preliminary investigations.

Sharia Court Jurisdiction Limited to Cases Involving Only Muslim Parties in Real Actions

Philippine Supreme Court clarifies Sharia District Court jurisdiction: real actions require all parties to be Muslims, voiding proceedings otherwise.

Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure

Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.

Revoking Contracts Baguio Citys Parking Dispute AND THE Limits OF Local Authority

The Supreme Court rules on contract revocation, local government authority, and contempt in the Jadewell parking dispute.

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

Nepotism in Government: Abstention Does Not Cure Illegality

The Supreme Court rules that a government official's abstention from voting does not cure the nepotistic character of a relative's appointment.

Probationary Employment: When a Job Description Can Define Clear Regularization Standards

Philippine Supreme Court clarifies when a job description and duties suffice as reasonable standards for probationary employee regularization and dismissal.

Local Government Powers: Balancing Reorganization and Prohibited Retirement Benefits

Supreme Court clarifies when local government early retirement programs are valid versus prohibited supplementary retirement schemes under Philippine law.

Can a Certificate of Candidacy Be Cancelled After Election Day? Residency Rules for Local Elections

The Supreme Court explains when a certificate of candidacy may be cancelled after election day, focusing on false residency declarations.

Self Defense Under Scrutiny: Establishing Credible Threat in Homicide Cases

Philippine Supreme Court clarifies when self-defense claims fail in homicide cases, requiring credible threat and unlawful aggression.