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Showing 16177–16200 of 19,292 articles for “eme”

Homicide Conviction Reversed: The Importance of Pleading Treachery in Criminal Informations

Supreme Court clarifies that qualifying circumstances like treachery must be alleged in the Information, or the accused can only be convicted of the lesser crime.

Sandiganbayan Jurisdiction in Obstruction of Justice Cases: The "In Relation to Office" Requirement

When does the Sandiganbayan have jurisdiction over obstruction of justice cases? The Soller ruling explains the "in relation to office" test.

Upholding Substantial Justice Over Technicalities in Labor Appeals

Philippine Supreme Court rules labor appeals should not be dismissed on mere technicalities when there is substantial compliance with procedural rules.

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Statutory Rape: Why Consent Is Irrelevant When the Victim Is Under Twelve

Philippine law treats sex with a child under 12 as statutory rape—consent is immaterial. The Supreme Court explains why in People v. Ablaneda.

Tax Exemptions Are Strictly Construed: The Sea-Land Service Ruling

Philippine tax exemptions are strictly construed. Learn how the Supreme Court denied a US shipping firm's tax refund claim in Sea-Land Service, Inc. v. CIR.

Presence vs Participation: When Mere Presence Creates Criminal Liability in Philippine Law

Philippine Supreme Court clarifies when mere presence at a crime scene constitutes conspiracy versus innocent observation, using a rape case as example.

Dismissal Based on Procedural Technicalities Ensuring Compliance With Court Rules

When the Court of Appeals dismisses a petition for technical deficiencies, the Supreme Court may uphold it. Learn the rules from this labor case.

Conflict of Interest and Informed Consent in Attorney Representation

The Supreme Court dismissed a disbarment complaint against a lawyer who represented clients with potentially conflicting interests, clarifying the written-consent rule.

Witness Credibility and the Perils of Delayed Justice: Analyzing Testimonial Inconsistencies in Murder Cases

Philippine Supreme Court ruling on witness credibility, police blotter discrepancies, and why aggravating circumstances must be alleged in the information to justify the death penalty.

Rape Conviction Overturned: The Critical Need for Explicitly Stating Aggravating Circumstances in Criminal Inf

Why the Supreme Court reduced a death sentence to reclusion perpetua when aggravating circumstances weren't alleged in the Information.

Mistaken Identity or Intentional Act: The Fine Line Between Assistance and Kidnapping

Explore the Supreme Court's acquittal in People v. Ubongen, clarifying when helping a lost child is not kidnapping under Philippine law.

When Self-Defense Fails: Robbery With Homicide and the Limits of Justifying Circumstances

Philippine Supreme Court clarifies robbery with homicide, aggravating circumstances, and why self-defense claims need more than denial.

Rape Conviction and Venue: When Aggravating Circumstances Must Be Alleged

Philippine Supreme Court ruling on why aggravating circumstances like dwelling and nighttime must be alleged in the information to justify the death penalty.

Encroachment and Good Faith: What Builders Must Know Under Philippine Property Law

Philippine Supreme Court ruling on encroachment, good faith, and accion reinvindicatoria in Evadel Realty v. Soriano.

Positive Identification Prevails Over Alibi In Robbery With Homicide Cases

Philippine Supreme Court ruling on People v. Legaspi: how positive identification defeats alibi and why aggravating circumstances must be alleged in the information.

Malicious Prosecution Claims Against Prosecutors: The Drilon v. Court of Appeals Ruling

When can prosecutors be sued for damages after filing criminal charges? The Supreme Court clarifies the elements of malicious prosecution and the protection of good faith.

Reasonable Doubt Prevails Over Circumstantial Evidence in Drug Transportation Case

The Supreme Court acquits a drug transport accused, ruling that circumstantial evidence must exclude every reasonable hypothesis of innocence.

Option Contract vs Contract to Sell: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies the difference between an option contract and a contract to sell in real estate transactions.

Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights

The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.

Forum Shopping in Philippine Courts: When Filing Multiple Petitions Backfires

Philippine Supreme Court explains forum shopping through a barangay captain's dismissed petition against an Ad Hoc Committee.

Res Judicata Bars Repeated Challenges to Education Law Reforms

Supreme Court explains res judicata in Manalo v. Court of Appeals, barring repeated suits over the same education law issue.

Exhaustion of Administrative Remedies and Grave Abuse of Discretion in Agrarian Land Reclassification

When can landowners skip administrative appeals and go straight to court? The Supreme Court clarifies the rule in a CARP exemption case.