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Showing 14665–14688 of 19,289 articles for “eme”

When Robbery Evidence Fails: Acquittal for Lack of Corpus Delicti

The Supreme Court acquits an accused in robbery with homicide where the prosecution failed to prove the taking of property, explaining the necessity of establishing corpus delicti beyond reasonable do

Eyewitness Testimony and Proof Beyond Reasonable Doubt in Murder Cases

How the Supreme Court weighed eyewitness accounts against a self-defense claim, and why a killing at the spur of the moment is homicide, not murder.

Gross Receipts Tax on Banks Includes Withheld Interest Income

Supreme Court rules the 20% final withholding tax on interest income forms part of a bank's gross receipts for gross receipts tax purposes.

Intervention Denied: Maritime Liens, Forum Shopping in Ship Mortgage Disputes

Supreme Court clarifies when mortgagees may intervene in crew wage claims and warns against forum shopping in vessel foreclosure cases.

Presumption of Innocence and Proof Beyond Reasonable Doubt in Rape Cases

The Supreme Court acquits a father of four rape counts, ruling that vague testimony and medical findings alone cannot overcome the presumption of innocence.

Foreclosure Validity Republication Requirement In Rescheduled Auction Sales

When a foreclosure auction is postponed, the notice must be republished. Learn the rule from DBP v. Emerald Resort Hotel Corporation.

Mortgage Validity and Protecting Property Rights Against Unauthorized Encumbrances

When a lease expires and a new agreement supersedes it, the original terms—including a right of first refusal—may no longer bind the parties or the buyer.

Rape Conviction Upheld: Positive Identification and Use of Deadly Weapon Establish Guilt Beyond Reasonable Dou

The Supreme Court affirms a rape conviction, ruling that the victim's positive identification and the use of a knife prove guilt beyond reasonable doubt.

When a Lease Renews Month-to-Month: The Right of First Refusal and Tacita Reconduccion

The Supreme Court explains what happens to a lease's option-to-buy clause when the lease renews on a month-to-month basis after expiration.

Lease Renewal vs Implied New Lease: What Tenants and Landlords Should Know

Philippine Supreme Court explains when a lease renewal carries over all original terms—and when it doesn't.

Bouncing Checks and Due Process: The Notice of Dishonor Requirement in BP 22 Cases

The Supreme Court acquits a BP 22 accused because the prosecution failed to prove notice of dishonor was served on the drawer.

Judicial Overreach: The Limits of Preliminary Investigation in Election Offenses

When a judge conducted preliminary investigation on an election offense, the Supreme Court ruled this exceeds judicial authority and constitutes gross ignorance of the law.

Treachery Defined: Ensuring Justice for Victims of Sudden and Unexpected Attacks

The Supreme Court explains treachery in murder cases, emphasizing that sudden, unexpected attacks from behind constitute treachery, not self-defense.

Self-Defense and Treachery: How the Supreme Court Evaluates Both in Homicide Cases

The Supreme Court explains when self-defense fails and treachery applies, using a 2003 murder case as a guide.

Upholding Voluntary Arbitration When A Signed Agreement Overrides Prior Waiver In Labor Disputes

A signed submission agreement to voluntary arbitration prevails over a prior waiver of grievance machinery, the Supreme Court ruled.

Rape and the Absence of Consent: Force and Intimidation in Philippine Law

Philippine Supreme Court clarifies statutory rape and sexual assault elements, emphasizing that force is presumed when the victim is under 12.

Judge Dismissed for Extramarital Affair: Gross Immorality in the Judiciary

Supreme Court dismisses judge for extramarital affair and child with another woman, ruling infidelity is gross immorality warranting removal from the bench.

Good Faith in Administrative Actions: Protecting Public Officials From Liability

The Supreme Court clarifies that good faith in filing administrative cases shields public officials from disciplinary liability, but lawyers must still respect courts.

Regular Employment Status: Necessity of Work and Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies when workers become regular employees based on necessity of work and security of tenure under Article 280.

Self-Defense Claims and Witness Credibility: Proving Murder Beyond Reasonable Doubt

A look at how Philippine courts weigh self-defense claims, witness credibility, and treachery in murder cases, explained through a 2003 Supreme Court ruling.

Regular Employment vs Fixed-Term Contracts: Protecting Employee Rights in Termination Disputes

Philippine Supreme Court clarifies when a fixed-term contract cannot defeat regular employment status and security of tenure protections.

Conspiracy and Proof Beyond Reasonable Doubt: Direct Evidence in Robbery With Homicide Cases

Philippine Supreme Court ruling on conspiracy, hearsay, and extrajudicial confessions in robbery with homicide cases, explaining why the accused was acquitted.

Treachery and the Element of Surprise: Defining Murder in Philippine Law

The Supreme Court explains how treachery qualifies a killing as murder, using the case of People v. Muñez.

Reclaimed Lands and the Constitution: Limits on Government Transfers to Private Corporations

The Supreme Court voids a land reclamation deal transferring public lands to a private corporation, reaffirming constitutional limits on alienable lands.