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Showing 14737–14760 of 19,289 articles for “eme”

Local Governments vs National Corporations: Who Pays Franchise Taxes

Supreme Court rules government-owned corporations like NPC must pay local franchise taxes under the Local Government Code.

Defining Common Carriers When A Limited Clientele Doesnt Equal Private Carriage

Philippine Supreme Court clarifies that a shipping firm with a limited clientele can still be a common carrier under the Civil Code.

Rape Conviction Affirmed: Positive Identification Prevails Over Alibi

Philippine Supreme Court affirms robbery-with-rape conviction, ruling that victims' positive identification outweighs alibi and that unconscious rape still constitutes the crime.

Reassessing Criminal Liability From Murder TO Homicide Based ON Absence OF Evident Premeditation

The Supreme Court clarifies when a killing is homicide, not murder, absent proof of evident premeditation, and explains conspiracy liability.

Due Process in Administrative Dismissals: The Impermissibility of Hasty Decisions on Unauthenticated Evidence

A Philippine Supreme Court ruling on why administrative dismissals cannot rest on unauthenticated evidence and the importance of due process.

When a Judge's Private Misconduct Ends a Judicial Career: Gross Immorality and Its Consequences

A Supreme Court ruling shows how a judge's extramarital affair led to dismissal from service and suspension from law practice.

Judicial Integrity Under Scrutiny: False Statements and the Limits of Bribery Claims in the Philippines

A Philippine Supreme Court ruling on dismissing an unproven bribery complaint against a judge while penalizing false statements under judicial ethics.

The Perils of Second Pre-Trials: Safeguarding Due Process in Philippine Courts

Philippine Supreme Court clarifies that a second pre-trial without proper notice violates due process, and explains the proper appeal route for COSLAP decisions.

Unlawful Confessions and the Acquittal in a Robbery with Rape Case

The Supreme Court acquitted two men convicted of robbery with rape after finding the extrajudicial confession inadmissible and the identification of the accused uncertain.

Judicial Ethics: Maintaining Impartiality and Avoiding Impropriety in the Judiciary

A Supreme Court ruling on a Batangas land dispute clarifies when a trial court may deny a motion to dismiss and why it must not defer that resolution until trial.

Treachery in Robbery With Homicide: Supreme Court Clarifies Aggravating Circumstances

The Supreme Court clarifies that treachery can aggravate robbery with homicide when the victim is killed treacherously, affecting penalty imposition.

Regular Employment vs Fixed-Term Contracts: Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies when fixed-term employees become regular workers entitled to security of tenure and full backwages.

Motion to Dismiss Clarifies Court's Duty and the Boundaries of Prescription

A look at how the Supreme Court clarified the proper appellate remedy from COSLAP decisions and the boundaries of prescription in land disputes.

The Weight of Fear: Evaluating Delay in Rape Cases Under Philippine Law

Philippine Supreme Court ruling on rape convictions, victim credibility, and why delay in reporting does not weaken a case.

Judicial Accountability When Judges Overstep Supervisory Bounds and Circumvent Due Process

A Supreme Court ruling on when reprimanding a complainant violates due process, and why withdrawing an administrative complaint does not end the case.

Written Agreements Prevail: Recovery of Additional Construction Costs Requires Prior Authorization

Contractors cannot recover extra construction costs without written authorization and agreed pricing under Article 1724 of the Civil Code.

Treachery in Group Assault: When Murder Qualifies Beyond Reasonable Doubt

A Supreme Court ruling explains how treachery in a coordinated group attack qualifies killing as murder, even without evident premeditation.

Breach of Public Trust: Forfeiture of Benefits for Misappropriation of Judiciary Funds

A clerk of court loses retirement benefits for misappropriating judiciary funds, even after full restitution and resignation.

Intrafamilial Rape: Conviction Upheld on Minor's Credible Testimony and Parental Relationship

Supreme Court affirms death penalty for father convicted of raping his 13-year-old daughter, relying on the victim's credible testimony and proven relationship.

Judicial Employee Accountability: Delayed Remittance of Fiduciary Funds Is Misconduct

Philippine Supreme Court ruling on clerks of court: delayed remittance of judiciary funds constitutes dishonesty and grave misconduct.

When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law

The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.

Reviving Criminal Cases: Balancing Speed and Due Process Under Philippine Law

The Supreme Court explains when a provisionally dismissed criminal case can be revived, balancing the State's right to prosecute with the accused's right to due process.

Judicial Efficiency vs Protracted Delay: The Duty of Judges to Resolve Motions Promptly

The Supreme Court clarifies that provisional dismissal of criminal cases requires the accused's express consent and notice to offended parties.

Eyewitness Identification and the Immateriality of Motive in Murder Cases

The Supreme Court affirms a murder conviction based on positive eyewitness identification, clarifying that motive, the murder weapon, and ballistic reports are not essential to prove guilt.