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Showing 9433–9456 of 19,273 articles for “eme”

Protecting the Innocent: The Vital Role of Testimony and Medical Evidence in Statutory Rape Cases

The Supreme Court affirms a qualified rape conviction, explaining how a child victim's credible testimony and medical findings secure justice.

Mortgage Rights Prevail: Protecting Secured Creditors in Labor Disputes

Supreme Court ruling on secured creditors' mortgage rights versus labor judgment execution, and the limits of piercing the corporate veil.

Prescription in Reconveyance: Clarifying the Four-Year Rule for Actions Based on Threat and Intimidation

The Supreme Court clarifies when the four-year prescriptive period runs in reconveyance actions based on threat and intimidation, not fraud.

When Property Titles Arent Always What They Seem Understanding Encumbrances AND Conditional Sales

A Supreme Court ruling clarifies when a reconveyance claim prescribes, distinguishing fraud from intimidation, and the importance of due process in property disputes.

Residency Requirements for Philippine Elections: Establishing Domicile for Candidacy

Philippine election law equates residency with domicile. Learn the three rules and what it takes to change domicile for candidacy.

Consent Under Threat: Rape, Recantation, and Philippine Law

Philippine Supreme Court clarifies statutory rape, consent, and recantation in People v. Peralta, affirming conviction and damages.

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

When Silence Speaks: Convicting on a Child's Testimony in Philippine Rape Cases

In People v. Peralta, the Supreme Court affirmed a rape conviction based mainly on the child victim's testimony, showing how courts weigh credibility in rape cases.

Safeguarding Election Integrity and Due Process in COMELEC's Ballot Appreciation

The Supreme Court clarifies when COMELEC's internal ballot appreciation requires notice and how due process applies in election contests.

Optional Retirement: When Employer Discretion Prevails Over Employee Claims

Supreme Court clarifies that optional retirement benefits under a company gratuity plan remain subject to employer discretion, not a matter of right.

Air Carrier Breach of Contract: Damages and Interest in Air Travel Disputes

Philippine Supreme Court clarifies when legal interest runs on damages awarded in air carrier breach of contract cases.

Father’s Conviction for Rape: Death Penalty Reduced to Reclusion Perpetua

Supreme Court affirms father’s rape conviction but reduces death penalty to reclusion perpetua because the information omitted the victim’s age.

When Love Fades Psychological Incapacity VS Marital Disaffection IN Philippine LAW

The Supreme Court clarifies when a spouse's emotional distance is psychological incapacity under Article 36, and when it is simply a failed marriage.

Bereavement Leave and Death Benefits: Protecting Employees' Rights in Times of Loss

The Supreme Court ruled that bereavement leave and death benefits under a CBA cover the death of an unborn child. Learn the legal basis.

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Learn how the Supreme Court protects property rights in eminent domain cases, and why just compensation must follow legal procedures.

Laches and Prescription in Construction Contract Disputes: IBEX v. GSIS

Explaining the Supreme Court's ruling on prescription, laches, and finality of CIAC factual findings in construction disputes.

Jurisdiction Thresholds: Which Court Hears Real Property Disputes Based on Assessed Value

Philippine court jurisdiction over real property disputes hinges on assessed value. Learn the P20,000 threshold rule from a Supreme Court ruling.

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Credibility of Eyewitness Testimony in Murder Convictions: People v. Dela Cruz

The Supreme Court affirms a murder conviction based on eyewitness testimony, explaining rules on credibility, alibi, treachery, and damages.

Emancipation Patents Full Payment Required for Indefeasibility in Agrarian Reform

The Supreme Court rules that emancipation patents may be cancelled if farmer-beneficiaries fail to pay amortizations, as full payment is required before title transfer.

Circumstantial Evidence in Rape Cases: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains how circumstantial evidence can establish rape beyond reasonable doubt, even when the victim was unconscious during the assault.

When Falsified Encashment Slips Lead to Estafa: Lessons from People v. Domingo

The Supreme Court affirms a conviction for estafa through falsification of commercial documents, clarifying the elements and penalties involved.