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Showing 8785–8808 of 19,271 articles for “eme”

Protecting the Vulnerable: Statutory Rape and the Primacy of the Victim's Testimony

The Supreme Court affirms a statutory rape conviction, explaining why a credible victim's testimony outweighs minor inconsistencies and medical report details.

Badges of Fraud in Property Sales: When Courts Void Real Estate Deals

Philippine Supreme Court explains how "badges of fraud" can invalidate property sales, even absolute deeds, when fraud taints the transaction.

Upholding Authority When A Teachers Defense Leads TO Direct Assault Conviction

Teacher's conviction for direct assault upheld by Supreme Court; defending a child does not justify attacking a fellow teacher in authority.

Documentary Stamp Tax on Stock Subscriptions: Lessons from JAKA Investments

The Supreme Court clarifies when documentary stamp tax attaches to stock subscriptions and why refund claims fail without clear proof.

Tax Credit Certificates: Good Faith Transferees Protected Despite Fraudulent Origins

Philippine Supreme Court rules that a good faith transferee of tax credit certificates cannot be reassessed when the original grantee committed fraud.

Voluntary Inhibition of Judges: When School Ties Alone Do Not Compel Disqualification

The Supreme Court clarifies that voluntary inhibition requires clear and convincing evidence of bias, not mere school affiliations or procedural disagreements.

Upholding Ethical Standards Disciplining Court Personnel For Gross Discourtesy And Unprofessional Conduct

The Supreme Court disciplines a judge for simple misconduct, emphasizing that judges must avoid impropriety and the appearance of impropriety in all activities.

Freedom of Expression vs Disruptive Mass Actions: Protecting Employee Rights in the Public Sector

The Supreme Court clarifies when public-sector employee gatherings are protected speech versus prohibited mass actions, and what evidence is needed.

Can a Bank Lower the Retirement Age? Lessons from Obusan v. PNB

The Supreme Court explains when a company retirement plan can set a lower compulsory retirement age than the Labor Code's 65-year default.

Indeterminate Sentence Law Clarifying Penalties for Drug Possession

Supreme Court clarifies how the Indeterminate Sentence Law applies to drug possession penalties under RA 9165.

Demand Is Key to Rescission Rights in Philippine Contract Law

Philippine Supreme Court clarifies that demand is essential before rescission or foreclosure rights can be exercised under contract law.

Federation Employee Eligibility Navigating Union Governance AND Election Rules

Supreme Court ruling on federation employees running for union office, election jurisdiction, and the binding force of constitutions.

Contractor and Subcontractor Liability for Negligence in Cargo Handling

Philippine Supreme Court ruling on liability of contractors and subcontractors for negligence of employees in cargo delivery operations.

Citizenship Rights Protecting Filipino Identity Despite Procedural Lapses

A Supreme Court ruling on how procedural lapses in electing Philippine citizenship should not erase a person's Filipino identity and rights.

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

Retirement Age Flexibility: Employer Rights and Employee Expectations in Philippine Labor Law

Philippine Supreme Court ruling on PNB's compulsory retirement at 60, explaining employer rights and employee expectations under Article 287.

Upholding Compromise Agreements: When Can a Party Avoid Their Obligations

The Supreme Court clarifies when compromise agreements bind parties, and when courts may reduce unconscionable interest rates.

Probable Cause and Judicial Discretion: Safeguarding Rights in Criminal Arrests

The Supreme Court clarifies a judge's duty in determining probable cause for warrants of arrest and limits on enjoining criminal prosecutions.

Liability for Negligence: Contractual vs Extra-Contractual Obligations in Philippine Law

Philippine Supreme Court clarifies when negligence gives rise to contractual liability versus quasi-delict, using a damaged cargo case as example.

Buy-Bust Operations and the Chain of Custody: Ensuring Integrity in Drug Cases

The Supreme Court clarifies that minor lapses in Section 21 custody procedures do not automatically invalidate drug seizures if evidentiary integrity is preserved.

Beyond Labels: Substance Over Form in Appellate Procedure and Drug Cases

A Supreme Court ruling on buy-bust operations shows how courts prioritize substance over form in procedural compliance and evidence.

Breach of Trust: When Banks Overstep Their Authority Over Depositor Accounts

Philippine Supreme Court ruling on bank liability for unauthorized deductions from depositor accounts and the fiduciary duty of banks.

Double Jeopardy and Grave Abuse of Discretion in Securities Case Dismissals

The Supreme Court explains when a demurrer-based acquittal bars appeal and what grave abuse of discretion means.

Double Jeopardy and Grave Abuse of Discretion: Safeguarding the Accused From Retrial

The Supreme Court explains when an acquittal is final and when grave abuse of discretion allows exception to the double jeopardy rule.