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Showing 11065–11088 of 19,283 articles for “eme”

Preliminary Inquiry vs Prosecution Probable Cause: Key Distinction in Arrest Warrants

The Supreme Court clarifies the difference between a judge's arrest-warrant inquiry and a prosecutor's probable cause determination in preliminary investigations.

Upholding Judicial Accountability: A Judge's Disregard for Court Directives Leads to Suspension

The Supreme Court suspended a judge for six months for repeatedly ignoring directives to furnish a copy of her comment, ruling that defiance of Court orders constitutes gross misconduct.

The Boundaries of Buy-Bust Operations: Safeguarding Rights in Drug Sale Convictions

The Supreme Court clarifies the rules on buy-bust operations, evidence, and penalties in illegal drug sale cases under Philippine law.

Dying Declaration and Positive Identification Sustain Murder Conviction in Iloilo Shooting

Supreme Court affirms murder conviction based on victim's dying declaration and eyewitness testimony, explaining the rules on treachery and damages.

Proving Illegal Sale of Shabu: The Role of Informants and Buy-Bust Operations

A Supreme Court ruling explains what prosecutors must prove in illegal drug sales cases and when an informant's testimony is dispensable.

Verbal Leases and Ejectment: When Can a Tenant Be Evicted in the Philippines

A Supreme Court ruling explains how a verbal month-to-month lease can be terminated, and why ejectment courts may rule on lease and ownership issues.

Online Psychological Abuse Under RA 9262: When a Public Facebook Post Becomes a Crime

The Supreme Court clarifies how public social media posts can constitute psychological abuse under RA 9262, and when using ICT raises the penalty.

Unlawful Arrest Nullifies Drug Evidence Safeguarding Constitutional Rights

Supreme Court acquits drug suspect after warrantless arrest and search yield inadmissible evidence, reinforcing constitutional protections.

Can a Cooperative Be an Employer of Its Own Members? SSS Coverage Ruling

Supreme Court holds cooperatives can employ their owner-members, making them subject to SSS compulsory coverage and contributions.

Upholding Contractual Obligations: Lessee's Duty to Pay Rent and Repair Under Philippine Lease Law

Philippine Supreme Court ruling on Mercury Drug v. Republic Surety clarifies when a lessee may suspend rent payments and the binding effect of contractual repair obligations.

Unjust Enrichment in Foreclosure: A Mortgagee's Duty to Return Excess Proceeds

The Supreme Court ruled that a bank must return surplus proceeds from an extrajudicial foreclosure sale and cannot unilaterally apply them to unsecured debts.

Union Fund Mismanagement: Substantiation Required for Special Assessments

Philippine Supreme Court ruling on union officers' liability for unsubstantiated special assessments and litigation expenses.

Cooperative Membership vs Employment: Defining SSS Coverage Obligations

Supreme Court rules cooperatives can be employers of their owner-members for SSS coverage purposes, clarifying when membership does not negate employment.

Land Registration: Proving Public Lands Are Alienable and Disposable

Philippine Supreme Court ruling on why applicants must prove public lands are alienable and disposable before registration.

Insurer's Subrogation Claim Fails: The Actionable Document Rule Explained

A Supreme Court ruling on why an insurer must present its insurance policy to recover as subrogee, and the actionable document rule.

Behest Loans and the Statute of Limitations: When Does the Clock Start Ticking

The Supreme Court clarifies when the prescriptive period for behest loan offenses begins, and what evidence is needed to prove them.

Proving Agricultural Tenancy Claims: Lessons from De Jesus v. Moldex Realty

The Supreme Court explains the six elements of agricultural tenancy and why mere cultivation does not make one a tenant.

Banks' Duty to Depositors: No Unilateral Freezing Without Court Order

Supreme Court rules banks cannot unilaterally freeze depositor accounts based on mere suspicion, reaffirming fiduciary duty to treat accounts with meticulous care.

Zoning Compliance Hospital Expansion Rights Under Prior Ordinances

Philippine Supreme Court ruling on hospital expansion rights, non-conforming structures, and the applicable zoning ordinance at time of application.

When Cooperative Members Are Employees: SSS Coverage and the Four-Fold Test

Can a cooperative's owner-members also be its employees for SSS coverage? The Supreme Court says yes, applying the four-fold test.

Falsified Documents and Probable Cause: When Groundless Charges Must Be Stopped

The Supreme Court ruled that bare allegations of forgery cannot support probable cause, and ordered the dismissal of criminal charges against bank officers.

Warrantless Arrest and Seizure: When Police Overstep Constitutional Bounds

Explore Valdez v. People, where the Supreme Court acquitted an accused due to unlawful warrantless arrest and broken chain of custody.

Mandatory Retirement Age for Water District Employees: The Bayona Case

The Supreme Court affirms that water district employees must retire at 65, not 60, and that forced early retirement entitles them to back salaries.

Search Warrants for LPG Cylinder Misuse: Probable Cause Standards Under R.A. 623

Supreme Court ruling clarifies probable cause for search warrants involving unauthorized LPG cylinder use under R.A. 623, as amended.