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Showing 15577–15600 of 19,290 articles for “eme”

Bouncing Checks and Broken Promises: Estafa and BP 22 in the Philippines

A Supreme Court ruling explains when a bouncing check leads to both estafa and BP 22 violations, and how penalties are computed.

Sequestration and Due Process: Prima Facie Basis for Government Action

The Supreme Court upholds Sandiganbayan's lifting of sequestration over HMHMI for lack of prima facie factual basis, reinforcing due process.

Void Proclamation: The Limits of Canvassing Authority and Protecting Electoral Integrity

When may a board of canvassers proclaim a winner despite an appeal? The Supreme Court explains void proclamations under Section 20(i), RA 7166.

Escheat Proceedings and the 5-Year Limit on Claiming Property After State Intervention

Philippine Supreme Court ruling on the 5-year statute of limitations for claiming property after escheat proceedings, explained in plain language.

Parental Authority vs Incestuous Abuse: Why a Guilty Plea Did Not Ensure the Death Penalty

The Supreme Court affirms a father's rape conviction but reduces the death penalty to reclusion perpetua because the Information failed to state the victim's exact age.

Appointment vs Reassignment: Clarifying the Role of Local School Boards in Superintendent Designations

The Supreme Court clarifies when local school board consultation is required for schools division superintendent designations, distinguishing appointment from reassignment.

When Landowners Admit Tenancy: Consent and the Right of Redemption Under RA 3844

The Supreme Court rules on how a landowner's admission of tenancy can establish a tenant's right of redemption under the Agricultural Land Reform Code.

Amendment of Information: Balancing Procedural Rules and the Accused's Right to Due Process

When can the prosecution amend an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Amendment of Information After Plea: Balancing Procedural Rules and the Accused's Rights

When may a court allow amendment of an Information after the accused pleads? The Supreme Court clarifies the distinction between formal and substantial amendments.

Finality Prevails: Challenging Fishpond Lease Agreements and Res Judicata

A look at how the Supreme Court upheld finality of administrative rulings on fishpond leases, barring belated challenges via certiorari.

Moral Damages in Breach of Contract: Proof of Loss and Bad Faith Under Philippine Law

The Supreme Court in BPI v. Leobrera explains why moral damages require proof of bad faith and a pleaded amount, and why courts cannot award what was never claimed.

Treachery Defined: Sudden and Unexpected Attacks in Murder Cases

The Supreme Court explains treachery in murder cases, showing how sudden, unexpected attacks deprive victims of any chance to defend themselves.

Perfected Contracts and Presidential Approval: Clarifying the Boundaries in Philippine BOT Agreements

The Supreme Court clarifies when a BOT contract is perfected, the role of presidential approval, and why certiorari cannot substitute for a lost appeal.

Dismissal of Administrative Cases Against Judges: Upholding Judicial Integrity and Curbing Frivolous Complaint

Supreme Court dismisses administrative complaint against Judge Angeles for failure to prosecute, protecting judges from frivolous cases and preserving judicial integrity.

Upholding Integrity in Public Service: Accountability for Negligence and Incompetence in the Judiciary

Court personnel must meet strict standards of efficiency and integrity. Learn from a Supreme Court ruling on gross negligence and incompetence.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions

When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.

Judicial Accountability Negligence and the Standard of Care for Judges in Approving Court Documents

The Supreme Court reminds judges that approving court documents demands diligence, not mere reliance on counsel.

Treachery Defined: Unexpected Assault and Criminal Liability in a Stabbing Incident

The Supreme Court explains treachery as an unexpected, sudden attack that leaves a victim defenseless, affirming a murder conviction.

Breach of Contract Damages for Negligent Wedding Video Recording

Supreme Court affirms damages for a videographer's gross negligence that ruined a couple's wedding video coverage, a breach of contract case.

Fraud in Free Patent Application Makes Land Title Voidable: Philippine Supreme Court Ruling

Philippine Supreme Court rules that a free patent obtained through fraud and misrepresentation is voidable, protecting co-owners' rights.

Compromise Agreements and Court Approval in Property Disputes: The PPA v. Maranan Case

The Supreme Court approves a compromise agreement in Philippine Ports Authority v. Maranan, showing how amicable settlements can end property disputes.

Who Pays When Rebellion Sparks Insurance Claims: Burden of Proof on Insurers

When fire destroys insured property, who must prove the cause? The Supreme Court clarifies insurers' burden in rebellion-related claims.

Breach of Trust: Examining Parental Accountability in Incestuous Rape Cases in the Philippines

A father convicted of raping his daughter twice. The Supreme Court affirms the conviction, clarifies penalties, and awards damages.

Rape vs Theft: Distinguishing Intent in Special Complex Crimes Under Philippine Law

When does robbery with rape apply? The Supreme Court clarifies that intent to take property must precede the rape, not follow it.