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Showing 15481–15504 of 19,290 articles for “eme”

Dismissal for Failure to File Brief: Procedural Rules Bind Litigants in Philippine Courts

Philippine Supreme Court upholds dismissal of appeal for failure to file brief on time, affirming that negligence of counsel binds the client.

Prior Payment of Check Value as Defense in Bouncing Checks Cases

When does paying the check amount before prosecution bar a B.P. 22 conviction? The Supreme Court explains in Griffith v. Court of Appeals.

Rape Conviction Hinges on Specific Allegations Protecting the Rights of the Accused

The Supreme Court vacated a death sentence for incestuous rape because the trial court failed to conduct a searching inquiry into the accused's guilty plea.

Conspiracy and Treachery: How Group Violence Determines Criminal Liability

Learn how Philippine courts apply conspiracy and treachery in group attacks, using a Supreme Court murder case as a guide.

Statutory Rape: Why Proving Familial Relationship Matters in Aggravated Cases

A Supreme Court ruling shows that in statutory rape, the qualifying circumstance of relationship must be proven beyond reasonable doubt, not merely alleged.

Conspiracy in Kidnapping for Ransom: Joint Criminal Intent Established by Concerted Acts

Supreme Court ruling on how conspiracy in kidnapping for ransom can be proven through complementary acts, not direct evidence of agreement.

Execution Pending Appeal: Balancing Public Interest and Court Discretion in Insurance Claims

When can a winning party execute a judgment while the appeal is pending? The Supreme Court explains the "good reasons" standard in this insurance dispute.

Safeguarding the Electoral Will: Scrutinizing Mathematical Errors in Election Canvassing

The Supreme Court annulled a COMELEC order correcting alleged canvassing errors, emphasizing that only manifest errors apparent on the face of certificates may be corrected.

Credibility of Rape Victim's Testimony Alone Can Uphold Conviction

Philippine Supreme Court ruling on rape conviction based on victim's credible testimony, and why death penalty requires minority alleged in information.

Diminished Conviction Reassessing Guilt IN Rape Homicide Cases Based ON Circumstantial Evidence

The Supreme Court clarifies that circumstantial evidence can prove murder but not rape, reducing death penalty to reclusion perpetua.

Conspiracy and Criminal Liability: Intent and Participation in Homicide Cases

Philippine Supreme Court ruling on conspiracy, intent, and participation in homicide—what the Manlansing case teaches about criminal liability.

Kidnapping and Failure to Return a Minor: What the Supreme Court Said About Custody and Intent

A look at People v. Bernardo, where the Supreme Court clarified the elements of kidnapping and failure to return a minor under the Revised Penal Code.

Fortuitous Events and Carrier Liability: Navigating the Perils of the Sea

When a vessel sinks in a storm, is the carrier liable? The Supreme Court explains the rules on fortuitous events.

Rape Conviction Upheld BUT Death Penalty Reduced THE Importance OF Proving Qualifying Circumstances

The Supreme Court reduced a death sentence to reclusion temporal after finding the prosecution failed to prove robbery and nighttime as aggravating circumstances.

Judicial Accountability: The Imperative of Timely Decision Making in Philippine Courts

Philippine judges must decide cases within reglementary periods. This article examines a Supreme Court ruling on undue delay and its consequences.

Attorney Negligence: When a Lawyer's Lapses Cost Clients Their Case

Philippine Supreme Court suspends lawyer for six months for failing to file briefs, costing clients their property in a recovery case.

Treachery in Murder: The Element of Surprise in Philippine Criminal Law

Understanding treachery as a qualifying circumstance in murder cases, explained through a 2002 Philippine Supreme Court decision.

Jurisdictional Challenge Too Late: Estoppel Bars Belated Attacks on DARAB Authority

A party who actively participates in DARAB proceedings cannot belatedly challenge jurisdiction on appeal. The Supreme Court explains estoppel by laches.

When Courts, Not the SEC, Decide Succession and Corporate Veil Cases

A Supreme Court ruling clarifies when inheritance claims against a corporation belong in regular courts, not the SEC.

Lease Renewal Rights: Mutual Agreement Required for Contract Extension

Philippine Supreme Court clarifies that lease renewal options are reciprocal—both lessor and lessee must agree to extend a lease contract.

Homicide vs Murder: When Doubt Benefits the Accused

The Supreme Court explains why treachery must be proven beyond doubt, reducing a murder conviction to homicide.

Percentage Tax on Commercial Brokers: Lessons from Nichimen Corporation

When does a branch office become a commercial broker liable for percentage tax? The Supreme Court clarifies in Nichimen Corporation.

Improvident Plea and Due Process in Capital Offenses: People v. Galvez

The Supreme Court nullified a death sentence because the trial court failed to conduct a searching inquiry before accepting a guilty plea in a capital case.

Statutory Rape Penetration IS Required FOR Consummation Attempted Rape Defined

The Supreme Court clarifies that penetration, not mere touching, is required for consummated statutory rape, explaining attempted rape rules.