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Showing 14449–14472 of 19,288 articles for “eme”

HLURB Jurisdiction Over Homeowner-Developer Disputes: Key Ruling

The Supreme Court confirms HLURB's exclusive jurisdiction over homeowner-developer construction disputes, not the RTC. Learn the rules and practical implications.

When Is a Land Sale "Conveyed" for Repurchase? Notarial Deed Prevails

A notarized deed's date controls the five-year repurchase period under the Public Land Act, the Supreme Court rules.

Forum Shopping and Foreclosure: Navigating Jurisdictional Boundaries in Mortgage Disputes

When properties in different provinces are foreclosed, filing separate suits to stop each sale is not forum shopping. The Supreme Court explains why.

Buy-Bust Operations and Fair Representation: Ensuring Due Process for the Accused

Philippine Supreme Court ruling on buy-bust operations, the right to counsel, and due process protections for accused persons in drug cases.

Witness Credibility and Alibi Defense: How the Supreme Court Affirmed a Rape Conviction

The Supreme Court affirms a qualified rape conviction, explaining why a child victim's credible testimony outweighs the defense of denial and alibi.

Rape Conviction Affirmed: The Grave Consequences of Betrayal Within Family Ties

The Supreme Court affirms the death penalty for a brother who raped his 17-year-old sister, underscoring the law's treatment of incestuous rape.

Treachery Defined: The Element of Surprise in Murder Cases Under Philippine Law

When does a sudden attack qualify as treachery in Philippine murder cases? The Supreme Court explains in People v. Pedrigal.

When Possession Does Not Equal Ownership: Public Land Act Claims After PD 1073

Philippine Supreme Court clarifies that long possession of public land only ripens into ownership if it began by June 12, 1945.

Incestuous Rape: Why the Supreme Court Upheld the Victim's Testimony Against Her Brother

The Supreme Court affirms a death sentence for incestuous rape, explaining why a victim's testimony against her own brother deserves full credence.

Sheriffs Must Follow Court Procedure and Never Accept Unofficial Fees

Philippine Supreme Court ruling on sheriffs' duty to follow execution procedure and prohibition on receiving unofficial payments.

Verifying Arbitral Awards: Authenticity Requirements Under Philippine Arbitration Law

Philippine Supreme Court clarifies that unverified copies of arbitral awards cannot support court confirmation orders, explaining verification requirements under R.A. 876.

Judicial Misconduct: Court Fines Retired Judge for Gross Inefficiency

Supreme Court holds retired judges accountable for gross inefficiency, imposing fines deductible from retirement benefits.

Substantial Compliance in Labor Disputes: Upholding Merits Over Technicalities

Philippine Supreme Court rules that substantial compliance with procedural rules, not technicalities, should govern labor dispute resolutions.

Eyewitness Testimony vs. Alibi in Philippine Criminal Law: People v. Buenavidez

The Supreme Court explains when eyewitness testimony prevails over alibi, and how treachery is proven in murder cases.

Retrenchment During Financial Strain: Employers' Right to Minimize Losses

Philippine Supreme Court clarifies when employers may validly retrench workers during business losses, including evidence rules on appeal.

Self-Defense in the Philippines: Justifiable Homicide and the Burden of Proof

Explore the requisites of self-defense in Philippine criminal law and how the burden of proof shifts to the accused, as illustrated in a landmark Supreme Court acquittal.

Judge Dismissed and Suspended From Law Practice for Gross Immorality in Extramarital Affair

Supreme Court dismisses a judge and suspends him from law practice for gross immorality over an extramarital affair and child born outside marriage.

Res Judicata and One-Year Prescription: Supreme Court Settles Cyber Libel Rules

Supreme Court clarifies cyber libel prescribes in one year and that unsigned resolutions bind only parties, not the public.

Exclusionary Rule Bars Illegal Drug Evidence From Unreasonable Search

Supreme Court acquits drug suspect after police violated search rules, applying the exclusionary rule to suppress seized shabu evidence.

Perfecting Real Estate Sales: Vendee's Rights and Vendor's Obligations

Philippine Supreme Court clarifies when a buyer must pay the balance in a real estate sale and when a vendor can rescind.

Rape Conviction and the Importance of Specific Allegations in Criminal Informations

A rape conviction is void where the information fails to allege every element of the crime, as the Supreme Court held in People v. Espera, G.R. No. 153845.

Checks and Deceit: Establishing Estafa Beyond Issuance

Supreme Court clarifies that estafa through false pretenses can arise from deceitful assurances about checks, not just issuing them.

Judicial Discretion in Voluntary Inhibition and Maintaining Impartiality in Philippine Courts

Philippine Supreme Court clarifies when judges may voluntarily inhibit from cases and why doing so protects judicial impartiality and public trust.

Self-Defense and Homicide: The Boundaries of Justifiable Force in the Philippines

The Supreme Court clarifies when self-defense fails and why a killing without treachery is homicide, not murder.