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Showing 1105–1128 of 19,247 articles for “eme”

Recanted Testimony: When Prior Statements Overrule a Witness's Change of Heart

The Supreme Court explains when a recanted testimony deserves scant consideration and why prior statements can convict.

Supreme Court Upholds Murder Conviction Despite Eyewitness Recantation

SC affirms murder conviction of man who stabbed victim with double-edged knife, ruling recanted testimony deserves scant weight.

Local Business Tax on Dividends and Interest Earned by Holding Companies

Supreme Court ruling on when holding companies are exempt from local business tax on dividends and interest income under the Local Government Code.

Ascendancy and Abuse: Examining Parental Authority in Rape Cases

The Supreme Court affirms a father's rape conviction, explaining how parental authority can substitute for force and intimidation.

Lis Pendens and Due Process: Registered Owners Must Be Impleaded in Property Litigation

The Supreme Court rules that registered owners must be impleaded before a notice of lis pendens may be annotated on their title.

Judicial Admission Can Prove Lack of Firearm License in Illegal Possession Cases

Supreme Court ruling: an accused's own admission in court can prove lack of a firearm license, without needing a PNP certification.

Supreme Court on BOC Overtime Pay: Shifting Schedule Valid, Ban on Private Payment Void

The Supreme Court ruled on the validity of BOC overtime policies, upholding the 24/7 shifting schedule but voiding the ban on charging private entities before RA 10863.

Fathers Can File VAWC Petitions for Abused Children Against the Mother

The Supreme Court clarifies that fathers may seek protection and custody orders under RA 9262 on behalf of children abused by their mothers.

Adultery and Disbarment: When a Lawyer's Private Conduct Ends the Legal Career

The Supreme Court disbarred a lawyer for an extramarital affair, affirming that gross immorality in private life warrants the ultimate professional sanction.

Unlawful Arrests and Inadmissible Evidence: Protecting Constitutional Rights in Illegal Possession Cases

Learn how the Supreme Court acquitted a man for illegal firearm possession due to an unlawful warrantless arrest and inadmissible evidence.

Speedy Disposition vs Protracted Process When Delay Deprives Justice in Anti-Graft Cases

The Supreme Court clarifies when delay in preliminary investigation violates the right to speedy disposition, distinguishing mere mathematical reckoning from actual prejudice.

Dying Declarations vs Res Gestae: Hearsay Exceptions in Philippine Murder Cases

The Supreme Court clarifies when a victim's dying words are admissible—as a dying declaration or as res gestae—in a murder conviction.

Trust Receipts and Criminal Liability: When a Loan Becomes Estafa Under PD 115

The Supreme Court clarifies when a trust receipt transaction creates criminal liability for estafa, not just civil liability, under PD 115.

Foreign Divorce Recognition: Proving Japanese Law in Philippine Courts

Philippine Supreme Court clarifies proof requirements for recognizing foreign divorces, remanding a Filipina's case for further evidence on Japanese law.

Regular Employment Status and Illegal Dismissal: Employee Rights After Probation

Philippine Supreme Court clarifies when probationary employees become regular and the rights they gain against illegal dismissal.

Heirs of Landowners Under CARP: No Separate Retention Rights After 1988

Supreme Court rules heirs of landowners who died after 1988 cannot claim separate retention rights under CARP; only the decedent's five-hectare limit applies.

Human Trafficking Consent and the Anti-Trafficking in Persons Act

The Supreme Court clarifies that a victim's consent is irrelevant in human trafficking cases under RA 9208, as amended by RA 10364.

Corporate Officers Cannot Hide Behind Corporate Veil in Customs Fraud Cases

Supreme Court ruling on corporate officer liability for customs fraud through misdeclaration and undervaluation of imported goods.

Balancing Local Authority and National Mining Rights: The Luisito Marty Case

A mayor's refusal to issue mining permits tested the line between local autonomy and national mining law. The Supreme Court's ruling explained.

Theft of Company Property: Balancing Employee Rights and Employers' Disciplinary Prerogative

Supreme Court clarifies when theft of company property justifies dismissal, balancing employer discipline with proportional penalties for erring employees.

Speedy Disposition Right Prevails Over Six-Year Delay in Fertilizer Fund Scam Case

The Supreme Court ruled that a six-year delay in preliminary investigation violates the constitutional right to speedy disposition of cases, warranting dismissal.

Justice Delayed Is Justice Denied: The Right to Speedy Disposition of Cases in the Philippines

The Supreme Court explains when inordinate delay violates the constitutional right to speedy disposition of cases, with practical guidance.

Trust Receipts and Estafa: Upholding Criminal Liability for Breach of Trust

Supreme Court clarifies that failure to turn over goods or proceeds under trust receipts is estafa under PD 115, not mere civil liability.

Divorce Abroad and Filipino Spouses: Recognizing Foreign Judgments Under Article 26 of the Family Code

The Supreme Court clarifies when Philippine courts recognize foreign divorces obtained by Filipino spouses and their alien partners under Article 26.