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Showing 10201–10224 of 19,277 articles for “eme”

Treachery Defined: Absence of Frontal Attack Does Not Preclude Murder Finding

The Supreme Court clarifies that treachery can qualify a killing as murder even without a frontal attack, as long as the victim was defenseless and the mode of attack was consciously adopted.

Due Process Prevails: Officer Unfairly Dismissed Is Ordered Reinstated

The Supreme Court reinstates a police officer dismissed without notice, affirming that due process is essential in administrative proceedings.

Equitable Mortgage: When an Absolute Sale Is Really a Loan Security

The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.

Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations

Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.

Manila Bay Cleanup Case: Ministerial Duties and the Right to a Balanced Ecology

The Supreme Court ruled government agencies can be compelled by mandamus to clean up Manila Bay under environmental laws.

Equitable Mortgage vs Sale: How Philippine Law Protects Landowners from Unfair Deals

The Supreme Court ruled that a deed of sale can be treated as an equitable mortgage, protecting landowners from transactions that secretly secure a debt.

Contractual Obligations Prevail: Surety Liable Despite Principal Debtor's Insolvency

Supreme Court rules surety remains liable for corporate debts even after principal debtor is declared insolvent, upholding solidary obligations.

Torrens Title Stability: Courts Cannot Collaterally Attack Titles in Land Registration Cases

Philippine Supreme Court ruling on why Torrens titles cannot be collaterally attacked in administrative reconstitution proceedings.

Valid Service of Summons: Ensuring Due Process in Electoral Protests

The Supreme Court voided service of summons by registered mail in an election protest, ruling that personal service is required to satisfy due process.

Proportionality in Employee Discipline: When Is Dismissal Too Harsh?

Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.

Adultery and Public Service: Proving Immorality Beyond Suspicion in Administrative Cases

Philippine Supreme Court ruling on immorality cases against court employees: the need for competent evidence and the limits of double jeopardy in administrative proceedings.

Mandamus and Manila Bay Cleanup: Defining Ministerial Duties in Environmental Protection

The Supreme Court ruled that government agencies can be compelled by mandamus to clean up Manila Bay, defining environmental duties as ministerial.

Substantial Compliance in Appeals: When Technicalities Yield to Justice

Philippine Supreme Court clarifies that substantial compliance with procedural rules can save an appeal from outright dismissal, prioritizing merits over technicalities.

Challenging a Judge's Qualifications: The Fine Line Between Direct and Indirect Attacks

Philippine Supreme Court clarifies the distinction between direct and indirect attacks on a judge's qualifications in administrative cases.

Election Law: Distinguishing Disqualification From Certificate Cancellation

The Supreme Court clarifies the difference between disqualification and cancellation of a certificate of candidacy in election cases.

Theft by Deceit: Defining Penalties for Estafa and the Indeterminate Sentence Law

The Supreme Court clarifies how indeterminate penalties for estafa are computed, reaffirming the rule that the minimum term comes from the penalty next lower to that prescribed by law.

Breach of Trust and Termination: Balancing Employee Rights and Employer Authority

When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains in Bristol Myers Squibb v. Baban.

Consummated Rape: Degree of Penetration and Victim Testimony in Philippine Law

Philippine Supreme Court ruling on rape penetration, victim testimony, and proof of qualifying circumstances for proper conviction.

Judicial Impartiality and Finality: Lessons from CHED v. Dasig on Court Discipline

The Supreme Court reminds lower courts that judicial impartiality demands adherence to its rulings, as shown in CHED v. Dasig.

The Perils of Alibi: Positive Identification Overrides Defense in Robbery and Rape Case

In People v. Gayeta, the Supreme Court affirmed that positive identification by credible witnesses prevails over an alibi defense in robbery and rape convictions.

Rape and Reasonable Doubt: Why the Supreme Court Spared an Incestuous Father from Death

The Supreme Court explains why a father convicted of raping his daughter was sentenced to reclusion perpetua, not death, for lack of proof of qualifying circumstances.

Accounting for Family Wealth: Default Judgments and the Limits of Contempt in Intra-Family Disputes

A Supreme Court ruling clarifies default judgment rules, appeal periods, and why contempt is not the remedy for disobeying a remand order.

Chain of Custody in Drug Cases: Why Broken Links Can Mean Acquittal

The Supreme Court acquits a drug suspect because police broke the chain of custody, stressing strict proof of the seized drug's identity.

Court Employees and Sidelines: The Gabatin v. Quirino Ruling on Suspension for Misconduct

The Supreme Court suspended a court stenographer for doing private franchise business during office hours, clarifying how simple misconduct is penalized in the judiciary.