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Showing 13921–13944 of 19,285 articles for “eme”

Negligence and Security Protocol: Defining Duty in Judicial Premises

Supreme Court ruling on security guard negligence in judicial premises, explaining duty standards, simple neglect, and penalties under civil service rules.

Rape and Incest: The Supreme Court's Stance on Protecting Victims From Parental Abuse

The Supreme Court affirms rape conviction, clarifying force is relative and rejecting the sweetheart defense in abuse cases.

Contractual Obligations Upholding Clear Terms In Waiver Agreements

The Supreme Court enforces the plain terms of a waiver agreement, ruling that clear contractual stipulations prevail over claims of unexpressed intent.

When Self-Defense Fails: Unlawful Aggression and Retaliation in Homicide Cases

Understand when self-defense claims fail in Philippine homicide cases, focusing on unlawful aggression and retaliation requirements.

The Weight of Eyewitness Testimony vs Paraffin Test Results in Murder Convictions

The Supreme Court explains why a negative paraffin test cannot overcome positive eyewitness identification in a murder conviction.

Bank Liability for Forged Checks: Protecting Depositor Rights Under Philippine Law

Philippine Supreme Court ruling on bank liability for forged checks, depositor rights, and negligence in the banking relationship.

Due Process and Postponements: Understanding Court Discretion in Philippine Litigation

How Philippine courts balance due process and judicial discretion in postponement requests, with practical guidance for litigants.

Possession vs Dominion: Defining Illegal Drug Possession in the Philippines

The Supreme Court clarifies actual vs constructive possession of illegal drugs, and when spouses sharing a home may both be liable.

Defining Independent Contractors: The Control Test in Philippine Labor Law

The Supreme Court clarifies the control test for distinguishing independent contractors from employees, protecting workers' rights under Philippine labor law.

Double Sale and Good Faith: Protecting the Rights of Innocent Purchasers

In a double sale of registered land, the buyer who first registers the sale in good faith owns the property. The Supreme Court explains why in Payongayong v. Salvador.

Loan Agreements: The Bank's Obligation to Release Funds and Consequences of Non-Compliance

When can a bank withhold loan proceeds? Philippine National Bank v. RBL Enterprises clarifies the rules on loan release, conditions precedent, and damages.

Treachery and the Lone Eyewitness: Establishing Guilt Beyond Reasonable Doubt in Murder Cases

The Supreme Court affirms a murder conviction based on a lone eyewitness's positive identification, explaining how treachery qualifies killing and why paraffin tests are inconclusive.

Bank Liability for Forged Checks: When Final Judgments Stand Firm

Supreme Court ruling on bank liability for forged checks, signature verification duties, and why depositors aren't estopped by bank statement notices.

Rape Conviction Reversed: Why Credibility of the Victim's Testimony Is Paramount

The Supreme Court acquits a rape accused, showing how the victim's inconsistent testimony and unexplained delays can undermine an otherwise serious charge.

Reasonable Doubt vs. Victim Credibility: Rape Conviction Affirmed Despite Inconsistencies

Supreme Court affirms rape conviction, explaining why minor inconsistencies in victim testimony do not create reasonable doubt.

Retirement Benefits vs Separation Pay: Employee Rights in the Philippines

Philippine law distinguishes retirement benefits from separation pay. Learn the rules, when each applies, and what employees should know.

Protecting the Vulnerable: Upholding Consent and Preventing Fraud in Property Sales

Philippine Supreme Court ruling on void property sales, fraud, and the importance of genuine consent in real estate transactions.

PAGCOR Franchise Limits, Delegation, and Mootness in Constitutional Challenges

The Supreme Court clarifies PAGCOR cannot delegate its franchise, and explains when constitutional challenges become moot.

The Sanctity of the Home Safeguarding Against Unlawful Searches and Seizures

Philippine law protects homes from unlawful searches and seizures. Learn the rules, exceptions, and remedies for violations.

Lessor's Duty to Maintain Peaceful Enjoyment in Lease Agreements

Philippine Supreme Court explains when a lessee may suspend rent and what "peaceful enjoyment" means in lease contracts.

Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.

Majority of All Members: How Comelec En Banc Votes Are Counted Under the Constitution

The Supreme Court abandoned its earlier ruling in Cua and held that the Comelec en banc must decide by a majority vote of all its members, not just those who deliberated.

Grave Misconduct and Dishonesty in the Judiciary: When a Sheriff Alters a Writ

The Supreme Court holds a sheriff liable for grave misconduct and dishonesty for altering a writ of execution, underscoring the ministerial duty of court officers.

Accountability in Public Service: Negligence in Handling Court Funds and Property

A look at how the Supreme Court holds public officers accountable for negligence in managing court funds and property.