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Showing 10897–10920 of 19,283 articles for “eme”

Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession

When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.

Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction

Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.

Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable

The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.

Postdated Checks and Estafa: When a Bouncing Check Becomes a Crime

The Supreme Court clarifies when issuing postdated checks with insufficient funds constitutes estafa under the Revised Penal Code.

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Rape of a Child with Intellectual Disability: When Knowledge of the Victim's Condition Matters

The Supreme Court clarifies when the prosecution must prove an accused knew the victim had an intellectual disability in qualified rape cases.

Clerk of Court Liability for Lost Court Records: The Limits of Due Diligence

When court records go missing, who bears responsibility? The Supreme Court clarifies that clerks of court cannot blame subordinates for lost case files.

Exhaustion of Administrative Remedies and Impartiality in HLURB Housing Disputes

The Supreme Court explains why a developer's bid to stop HLURB proceedings for alleged bias failed, and what the ruling means for parties in housing disputes.

Ensuring Due Process When Procedural Technicalities Clash With Fair Investigation

The Supreme Court reminds courts that procedural rules must yield to substantive justice, especially when a respondent's right to due process in preliminary investigation is at stake.

Court Employee Suspended for Handling Bail Money: Breach of Trust Rules

Supreme Court suspends court utility worker for receiving bail money and drafting motions—acts beyond her authority and a breach of judicial trust.

Defining Sexual Harassment: The Intimidation Factor and Employer Accountability

The Supreme Court clarifies that sexual harassment includes acts creating a hostile environment, not just explicit demands for sexual favors.

The Binding Effect of Silence When Silence Implies Consent in Debt Collection

Silence can bind a debtor. This case explains when failure to object to a statement of account amounts to an admission of liability.

Tax Declarations as Indicia of Possession: Lessons from Leoncio v. De Vera

Philippine Supreme Court ruling on tax declarations as evidence of possession and ownership in land reconveyance cases.

Jurisdiction Over Labor Disputes: The Decisive Moment of Filing Claims

A Supreme Court ruling on why filing the wrong remedy — or the right one too late — can end a labor case before the merits are ever reached.

Burden of Proof in Tax Refund Claims: Taxpayers Must Provide Sufficient Evidence

Philippine Supreme Court ruling on Atlas Consolidated Mining clarifies that taxpayers claiming VAT refunds must present complete documentary evidence.

Mandamus vs. COMELEC Discretion: When Courts Cannot Compel a Specific Ruling

Explore Quizon v. COMELEC, where the Supreme Court clarified that mandamus cannot compel COMELEC to rule a certain way on disqualification cases.

Incestuous Rape: Conviction Based on Victim's Testimony and the Alibi Defense

In People v. Abon, the Supreme Court affirmed a father's conviction for incestuous rape based on his daughter's testimony and rejected his alibi defense.

Treachery in Criminal Law: Understanding Its Application in Murder Cases

Learn how treachery qualifies murder under Philippine law, its elements, and how courts apply it in criminal cases.

Balancing Privacy, Bank Inquiry Orders, and Due Process in Anti-Money Laundering Cases

The Supreme Court rules that AMLA bank inquiry orders cannot be issued ex parte, protecting depositors' right to due process.

Piercing the Corporate Veil: When Owners Face Personal Liability for Corporate Obligations

Philippine Supreme Court explains when courts may disregard corporate fiction and hold owners personally liable for corporate debts and obligations.

Employer's Vicarious Liability for Employee Negligence in Quasi-Delict Cases

Philippine Supreme Court ruling on employer liability for driver negligence under quasi-delict, explained in plain language.

Jurisdiction vs Forum Shopping: RTC Power Over NLRC Execution

Supreme Court rules RTCs lack jurisdiction over NLRC execution incidents; filing both a motion to quash and an RTC complaint constitutes forum shopping.

Union Security vs Due Process: Balancing Rights in Employee Dismissal

Philippine Supreme Court ruling on when a union security clause justifies dismissal and what due process employers must observe.

Oral Sales and Unlawful Detainer: Resolving Property Disputes in the Philippines

The Supreme Court clarifies when an oral sale of real property defeats an unlawful detainer suit, and when it does not.