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Showing 14305–14328 of 19,286 articles for “eme”

Warrantless Arrests and Searches Incident Thereto: Balancing Rights and Law Enforcement in Philippine Law

The Supreme Court explains when warrantless arrests and incidental searches are valid under Philippine law, using a marijuana transport case.

Absence of Prior Appraisal Does Not Void Onerous Donation by Local Government

Supreme Court rules that a local government's onerous donation without prior appraisal is valid, applying contract law over procedural requirements.

Rape by Intimidation: The Supreme Court's Stance on Fear and Consent

How the Supreme Court ruled that fear of death can vitiate consent in rape cases involving kidnapping and illegal detention.

Correcting Manifest Errors in Election Canvass: Dela Llana v. COMELEC

A clerical error in a statement of votes cost a candidate 37 votes. The Supreme Court ruled that COMELEC may correct manifest errors to reflect the true will of the electorate.

Due Process in Election Canvass: The Right to Notice and Fair Hearing

How the Supreme Court upheld COMELEC's power to correct manifest election errors while respecting due process rights.

Conspiracy and Treachery: How the Supreme Court Weighed Guilt in the Murder of Juliano Mampo

In People v. Berdin, the Supreme Court explains how conspiracy and treachery are proved in a killing, and why the penalty was reduced from death to reclusion perpetua.

When Self-Defense Fails: Treachery and Conspiracy in Philippine Murder Cases

A Supreme Court ruling explains when self-defense fails, how conspiracy is proven, and why treachery qualifies murder under Philippine law.

When Self Defense Claims Fall Short: The Burden of Proof in Homicide Cases

The Supreme Court clarifies that conspiracy in robbery with homicide requires proof beyond reasonable doubt, but concerted acts establish liability.

Statutory Rape: Why Physical Injury Is Irrelevant for Victims Under Twelve

The Supreme Court explains why an intact hymen does not negate statutory rape of a child under twelve, and what evidence matters.

When Rape Conviction Stands But Attempted Rape Fails: Lessons from People v. Pancho

The Supreme Court clarifies when a stepfather's acts constitute rape versus attempted rape, and the evidentiary rules that govern each.

Mitigating Circumstances and Juvenile Justice in Philippine Murder Cases

How the Supreme Court balanced mercy and accountability for a minor convicted of murder, crediting minority and a guilty plea to reduce the penalty.

Lenient Application of Procedural Rules Upholds Justice in Agrarian Disputes

Philippine Supreme Court rules courts may relax procedural rules to serve substantial justice, citing a 2003 agrarian case.

Credibility of Testimony Can Overcome Medical Findings in Philippine Rape Cases

Philippine Supreme Court ruling explains why a rape conviction can rest on credible victim testimony even when medical findings show no hymenal laceration.

Staggered Payment of Docket Fees: Balancing Access to Justice and Procedural Rules

The Supreme Court clarifies when trial courts may allow staggered payment of docket fees and why such discretion deserves respect on appeal.

Voice Recognition as Evidence Identifying the Accused in Rape Cases

Philippine Supreme Court ruling on voice recognition evidence in rape cases, admissibility standards, and the importance of credible victim testimony.

Gross Receipts Tax: When Withheld Interest Income Still Counts for Banks

Philippine Supreme Court ruling on whether the 20% final withholding tax on banks' passive income forms part of gross receipts for the 5% gross receipts tax.

Upholding Judicial Integrity: The Consequences of Undermining Court Authority

A 2003 Supreme Court resolution suspends a lawyer indefinitely for attacking the Court's integrity and repeating disbarred claims in media and pleadings.

Deportation and Due Process: Ensuring Fair Treatment for Foreign Nationals

The Supreme Court clarifies deportation rules for foreign nationals, balancing immigration enforcement with due process rights under Philippine law.

Supervisory Negligence: When Court Officials Are Liable for Delayed Writs

Philippine Supreme Court clarifies liability of sheriffs and clerks of court for unreasonable delay in implementing writs of demolition.

Judicial Accountability: Judges Must Respect Due Process and Avoid Abusive Language

A judge's intemperate language toward lawyers violates judicial decorum. The Supreme Court explains the limits of judicial discretion and accountability.

Trademark Protection for Well-Known Marks Extends to Unrelated Goods Under IP Code

The Supreme Court clarifies how Section 123.1(f) of the IP Code protects well-known marks like Rolex even against use on unrelated goods or services.

Workplace Misconduct: Striking Subordinates and Maintaining Decorum in the Judiciary

Supreme Court ruling on a supervisor who struck a subordinate, emphasizing decorum and discipline in the judiciary.

Res Judicata and Forum Shopping: Understanding Grounds for Dismissal in Property Disputes

A Supreme Court ruling explains why a motion to dismiss based on res judicata and forum shopping failed, and what that means for property disputes.

When Heirs Cannot Sue to Void Parents' Property Sales Before Death

Philippine Supreme Court ruling on when compulsory heirs lack legal standing to challenge parents' sales of property during their lifetime.