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Showing 14881–14904 of 19,290 articles for “eme”

Certifying Authenticity Attorneys Responsibility AND THE Limits OF Notarial Power

A lawyer who certifies true copies of documents notarized by another commits gross misconduct, the Supreme Court rules.

Unlawful Arrests and Illegal Drug Evidence: Safeguarding Constitutional Rights

When police act on tips without warrants, arrests and drug evidence may be invalid. Learn from a Supreme Court ruling.

Eyewitness Identification and Proof Beyond Reasonable Doubt: People v. Limpangog

The Supreme Court acquits an accused where eyewitness identification is unreliable, reaffirming that the prosecution must prove identity beyond reasonable doubt.

Upholding Due Process: Strict Adherence to Summary Procedure Timelines in Philippine Courts

Philippine courts must strictly follow summary procedure timelines. Learn how the Supreme Court enforces these deadlines to ensure speedy justice.

Attorney Client Relationship Verbal Agreements AND Ethical Obligations IN Legal Practice

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Heirs AT Odds When Active Participation Waives Formal Substitution Requirements IN Property Disputes

Treachery and the Element of Surprise: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains how sudden, unprovoked attacks constitute treachery, qualifying killings as murder and frustrated murder.

Rape Convictions: Each Count Needs Separate Proof Beyond Reasonable Doubt

The Supreme Court clarifies that each rape count is a distinct crime requiring separate proof, acquitting the accused on one count.

Murder Conviction and Sentencing in the Philippines: The Leoncio Lawa Case

How the Supreme Court affirmed a murder conviction and death penalty, explaining treachery, evident premeditation, and alibi in Philippine law.

Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines

A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.

When a Child Testifies: Lessons from People v. Avendaño on Witness Credibility

The Supreme Court explains when a child's testimony is credible and how trial courts should weigh it in homicide cases.

Child Witness Testimony in Murder Cases: When a Child's Word Can Convict

When can an eight-year-old's testimony convict in murder cases? The Supreme Court explains the rules on child witness credibility.

Judicial Accountability: The Duty of Judges to Decide Cases Promptly

Philippine Supreme Court holds judges accountable for undue delay in deciding cases, citing the constitutional duty to resolve matters within prescribed periods.

Contractual Obligations Prevail: Bank's Right to Offset Debts Despite Trustee-Beneficiary Claims

Supreme Court ruling on when a bank may validly apply a borrower's funds to settle debts, even amid trustee-beneficiary claims.

Distinguishing Murder from Kidnapping: Intent to Kill vs Deprivation of Liberty in Philippine Law

Philippine Supreme Court clarifies the line between murder and kidnapping, focusing on intent to kill versus deprivation of liberty.

Upholding Contractual Obligations THE Importance OF Book Value IN Share Purchase Agreements

Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth

The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.

Agency and Real Estate Sales: The Necessity of Written Authority

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Due Process in Lawyer Discipline: Formal Investigation Required Before Sanctions

Supreme Court remands lawyer disciplinary case to IBP for formal investigation, underscoring that due process requires a full hearing before sanctions.

Judicial Authority and Limits: A Judge's Jurisdiction After Temporary Reassignment

Explaining the Supreme Court's ruling on a judge's notarial powers, the limits of judicial authority, and the importance of following SC Circular No. 1-90.

Notarial Duties: Judges Must Certify Lack of Lawyers and Remit Fees to Avoid Sanctions

Philippine Supreme Court ruling on judges acting as notaries public ex officio, their certification duties, and fee remittance requirements.

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

Rape Charge Reduced to Acts of Lasciviousness Under the Child Abuse Law

When the prosecution failed to prove carnal knowledge, the Supreme Court convicted the accused of acts of lasciviousness under the Child Abuse Law instead of rape.