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Showing 15121–15144 of 19,290 articles for “eme”

Theft Conviction Affirmed: Eyewitness Testimony vs. Alibi in Philippine Law

Philippine Supreme Court ruling on theft conviction, eyewitness credibility, conspiracy, and alibi defenses explained in plain language.

Rape Intimidation Nullifies the Need for Physical Resistance

Philippine Supreme Court ruling explains how intimidation with a deadly weapon satisfies the force requirement in rape, negating the need for physical resistance.

Frame-Up Defense in Drug Cases: When Courts Uphold Police Testimony

Philippine Supreme Court explains why the frame-up defense rarely succeeds in drug possession cases and how courts assess police credibility.

Reassessing Criminal Liability From Murder to Homicide Based on Evidentiary Standards

Philippine Supreme Court clarifies when murder may be reduced to homicide, emphasizing proof of treachery and evidentiary standards in criminal appeals.

Certiorari Dismissed: Grave Abuse of Discretion and Hierarchy of Courts in IP Disputes

Supreme Court clarifies that certiorari cannot correct errors of judgment, and direct resort to the Court violates the hierarchy of courts.

Rape Conviction Affirmed: Force, Intimidation, and the Credibility of the Victim

The Supreme Court affirms a rape conviction, explaining how force and intimidation satisfy the elements of the crime under the Revised Penal Code.

Security of Tenure Prevails: Land Sales Do Not Override Tenant Rights Under Agrarian Reform

Philippine Supreme Court ruling on how land sales cannot override tenant rights and security of tenure under agrarian reform laws.

Stay of Execution, Conflicting Supreme Court Rulings, and Employee Rights in the Philippines

When two Supreme Court divisions issue conflicting final rulings, which prevails? The En Banc clarifies the law of the case doctrine and its impact on property and employee rights.

Untangling Behest Loans, Prescription, and the Ombudsman's Discretion in PCGG v. Desierto

The Supreme Court clarifies when behest loan cases prescribe and limits the Ombudsman's dismissal power in PCGG v. Desierto.

Death Penalty Moratorium: The Supreme Court's Stance on Legislative Influence and Execution

The Supreme Court rules that pending bills in Congress cannot justify staying death sentences, reaffirming the constitutionality of the death penalty.

Reviving the Pursuit of Justice: Prescription in Anti-Graft Cases and the Ombudsman's Duty

The Supreme Court clarifies prescription rules for anti-graft cases and the Ombudsman's duty to investigate, not dismiss, based on valid laws.

Estafa Conspiracy, Acquittal, and Civil Liability: Key Lessons from a Philippine Supreme Court Ruling

A look at how the Supreme Court treated conspiracy in estafa, the effect of acquittal on civil liability, and the strict deadlines for appeals.

Rape Conviction Affirmed Despite Date Discrepancy Protecting Victims AND Ensuring Justice

Learn how the Supreme Court upheld a rape conviction despite a date discrepancy in the information, protecting victims and ensuring justice.

When Compadre Ties Cant Rewrite A Mortgage Upholding Contractual Agreements IN Foreclosure Cases

Interest Rate Clarity Ensuring Written Agreements Govern Loan Terms

The Supreme Court held that absent a written stipulation, a loan’s agreed interest rate stops at maturity, and 12% legal interest applies thereafter.

Government Contracts Void When Bid Exceeds Congressional Appropriation

Supreme Court rules a winning bidder cannot compel a government agency to formalize a contract when the bid exceeds the amount appropriated by Congress.

Positive Identification Over Alibi: How Philippine Courts Establish Guilt in Murder Cases

In a 2002 murder ruling, the Supreme Court explained why positive identification prevails over alibi and denial, and how damages for loss of earning capacity are computed.

Sale vs Promise to Sell: When Ownership Passes in Real Estate Deals

Philippine Supreme Court clarifies the difference between a contract of sale and a promise to sell, and when ownership actually transfers to the buyer.

Execution Pending Appeal and Jurisdiction: Lessons from Cordero v. Go

Philippine Supreme Court clarifies when trial courts may order execution pending appeal and how appeals affect jurisdiction.

When a Trial Judge Defies a Higher Court: Annulling a Decision Issued Despite a TRO

The Supreme Court annuls a trial court decision rendered in defiance of a Court of Appeals TRO, reaffirming judicial hierarchy and due process.

Breach of Charter Agreement: Contractual Obligations and Remedies in Shipping Law

A Supreme Court ruling on charter party breach, ambiguous contract terms, and the right to rescind under Philippine law.

Intoxication as a Mitigating Circumstance in Murder Cases: Reassessing Criminal Liability

The Supreme Court clarifies how intoxication and voluntary surrender affect criminal liability, downgrading murder to homicide in a landmark 2002 ruling.

Self-Defense Claims and Unlawful Aggression: Lessons from People v. Tadeo

The Supreme Court clarifies when self-defense fails and how intoxication, provocation, and surrender affect criminal liability in homicide cases.

Territorial Jurisdiction in Falsification: Where the Crime Occurs Matters

Philippine Supreme Court clarifies that venue in falsification cases is determined by where the falsified documents were made, not where they were later used.