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Showing 15985–16008 of 19,291 articles for “eme”

When Corporate Veil Claims Fail: Lessons from the Behest Loan Case

The Supreme Court explains when the Ombudsman may dismiss fraud complaints against corporate officers and why evidence of conspiracy matters.

Unlawful Detainer vs Forcible Entry: The Role of Prior Tolerance in Ejectment Cases

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and why prior tolerance from the start is essential.

Timeliness and Probable Cause: When Delayed Behest Loan Cases Are Dismissed

The Supreme Court explains when the Ombudsman may dismiss behest loan complaints for lack of probable cause despite long delays.

Missed THE Deadline Understanding Timely Objections IN Philippine Election Canvassing

Learn how the Supreme Court treats untimely objections in election canvassing and why procedural rules matter.

Acceptance Over Demand: Graft Conviction Hinges on Actions, Not Words

In Peligrino v. People, the Supreme Court ruled that receiving a gift or benefit suffices for graft conviction under Section 3(b) of RA 3019, even without an express demand.

Reasonable Doubt Prevails: Acquittal in Estafa Case on Insufficient Evidence and Hearsay

Supreme Court acquits pawnshop owner in estafa case, ruling that hearsay evidence and uncorroborated testimony cannot overcome the presumption of innocence.

Corporate Governance and Stockholder Rights: Lessons from Marubeni v. Lirag

The Supreme Court clarifies that stockholders must prove their claims by preponderance of evidence and cannot rely on speculation or corporate veil piercing.

When Defense Falters: Shifting the Burden in Self-Defense Claims Under Philippine Law

Philippine Supreme Court clarifies that in self-defense claims, the burden shifts to the accused to prove justification, but the prosecution must still prove guilt beyond reasonable doubt.

Enforceability of Consultancy Agreements: Influence Peddling and Public Policy

When a consultancy agreement rests on influence peddling with government officials, Philippine courts will not enforce it as against public policy.

Upholding Prior Rights Agreement TO Sell VS Subsequent Lease IN Agrarian Reform

Sale vs Commodatum: Property Rights and Contractual Intent in Philippine Law

Philippine Supreme Court clarifies how to distinguish sale from commodatum, and why proving ownership in recovery actions requires clear evidence of title and identity.

Upholding Land Ownership Claims: The Importance of Evidentiary Proof in Reconveyance Disputes

A Supreme Court ruling on reconveyance underscores that ownership claims must be proven by clear evidence, not mere allegations.

Upholding Attorney Accountability: Judge Fined for Improper Ex Parte TRO Issuance

Supreme Court holds judge liable for issuing 20-day TRO without summary hearing, violating Administrative Circular No. 20-95.

Upholding Accountability: A Sheriff's Duty and the Timely Execution of Court Orders

A Supreme Court ruling reminds sheriffs that delayed returns, unapproved fees, and missing liquidations are dereliction of duty that undermines the entire justice system.

Alibi vs Positive Identification: The Physical Impossibility Test in Criminal Defense

Philippine Supreme Court clarifies when alibi fails against positive identification, requiring proof of physical impossibility to be at the crime scene.

Accomplice Liability in Murder: Distinguishing Conspiracy From Spontaneous Action

Philippine Supreme Court ruling clarifies when a person present at a crime becomes liable as a co-principal versus a mere accomplice.

When Rape Charges Are Not Qualified: The Importance of Specific Allegations in the Information

A Supreme Court ruling shows why qualifying circumstances in rape must be specifically alleged in the information to warrant the death penalty.

The Essence of Consent When a Contract Addendum Fails as a Valid Compromise Agreement

A Philippine Supreme Court ruling explains why a contract addendum rejected by one party cannot later be ratified as a compromise agreement once the other party has revoked it.

Premature Demolition and Due Process: When Property Rights Clash with Fair Play

A Supreme Court ruling on how premature demolition violates due process and the abuse of rights principle under Article 19 of the Civil Code.

Rape and Mental Incapacity: Ensuring Justice for Vulnerable Victims in the Philippines

The Supreme Court affirms a rape conviction of a mentally disabled victim, clarifying rules on witness credibility and proper charges.

Rape Conviction Modified: When Qualifying Circumstances Must Be Alleged

The Supreme Court modifies a rape conviction, acquitting the accused on three counts for insufficient evidence and ruling on the necessity of alleging qualifying circumstances.

When Police Tips Fail: Hot Pursuit Arrests and Drug Evidence in Philippine Courts

The Supreme Court acquits a drug suspect, clarifying when warrantless hot pursuit arrests are invalid and seized drugs inadmissible.

Medical Certification and Due Process in Employee Dismissal: Protecting Workers from Arbitrary Termination

Philippine Supreme Court ruling on Cathay Pacific v. NLRC clarifies rules on medical certification and due process in employee dismissal for disease.

Mootness in Administrative Cases When Dismissal Renders Judicial Review Unnecessary

When the Ombudsman dismisses administrative charges, a pending petition questioning a preventive suspension order becomes moot. The Supreme Court explains.