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Showing 6889–6912 of 19,262 articles for “eme”

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

Learn how the Supreme Court's chain of custody rule protects accused persons from planted evidence in Philippine drug cases.

Unfair Competition Probable Cause: Supreme Court on Counterfeit Goods Evidence

Supreme Court rules on probable cause for unfair competition under the Intellectual Property Code, reversing dismissal of counterfeit goods case.

Protecting the Vulnerable: Statutory Rape and Sexual Assault in the Philippines

The Supreme Court affirms the conviction of a man for statutory rape and sexual assault against a six-year-old child, clarifying key legal principles.

When Can a Party Be Held Liable for Another Person's Debt? A Philippine Supreme Court Guide

Philippine Supreme Court clarifies when a person may be held liable for another's debt under Article 1311 of the Civil Code.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Rape Conviction Upheld: Victim’s Credibility and the Weight of Positive Identification

The Supreme Court affirms a rape conviction, detailing how a victim's credible testimony and positive identification outweigh denial and alibi defenses.

Presumption of Marriage: Proving Marital Status Beyond a Marriage Certificate

The Supreme Court clarifies how marital status is proven in the Philippines, emphasizing the presumption of marriage and the limits of documentary evidence.

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Clerks of Court and the Rule on Exhaustion of Administrative Remedies in Reassignment Cases

A reassignment order in government service must be challenged through administrative remedies first. The Supreme Court explains why.

Clerks of Court and Simple Neglect of Duty: The Migriño Case on Delayed Execution

The Supreme Court held a Clerk of Court liable for simple neglect of duty for delays in scheduling and executing a final judgment, affirming that court personnel must act with diligence.

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Protecting Women and Children: Upholding the Constitutionality of Temporary Protection Orders

The Supreme Court affirms that ex parte Temporary Protection Orders under RA 9262 do not violate due process, protecting women and children from violence.

Double Sale of Land: Prior Knowledge Defeats Claim of Good Faith

Philippine Supreme Court ruling on double sales of land: a buyer who knows of prior claims or occupants cannot claim good faith.

Exhausting Administrative Remedies: Why Public Servants Must First Seek Internal Solutions

Public servants must exhaust administrative remedies before going to court. The Supreme Court explains why in Ejera v. Merto.

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Upholding Integrity in Public Service: Liability for Misappropriation of Court Funds

Supreme Court ruling on court personnel liability for fund misappropriation, neglect of duty, and dishonesty in public service.

Upholding Public Trust Accountability for Misappropriated Court Funds and Neglect of Duty

Court personnel who mishandle judiciary funds face dismissal or suspension, as the Supreme Court reaffirms strict accountability for clerks of court.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

VAT Refunds: Strict Compliance With the 120+30 Day Rule and Invoicing Requirements

Philippine Supreme Court clarifies the mandatory 120+30 day rule for VAT refund claims and invoicing requirements in Commissioner of Internal Revenue v. Toledo Power Company.

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

Annulment of Judgment: When a Lawyer's Negligence Is Not Extrinsic Fraud

Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.