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Showing 16417–16440 of 19,292 articles for “eme”

Reasonable Doubt Prevails: Circumstantial Evidence and the Limits of Inference in Philippine Law

The Supreme Court acquits in People v. Solis, showing when circumstantial evidence fails and why inferences cannot be stacked.

Seafarers' Rights: Who Is the Company-Designated Physician in Disability Claims

Philippine Supreme Court ruling clarifies that a company-designated physician need not be POEA-accredited for seafarer disability claims.

Check Fraud and Bank Liability: Lessons from Ford Philippines vs. Citibank and PCIBank

Philippine Supreme Court ruling on bank liability for fraudulently negotiated checks, crossing, due diligence, and comparative negligence.

The Perils of Verbal Land Deals: Why Written Authority Is Non-Negotiable in Philippine Real Estate

Learn how the Supreme Court protects small property owners from expropriation and why written authority is crucial in Philippine land deals.

When Flight Equals Guilt Examining Evidence AND Treachery IN Philippine Murder Cases

The Supreme Court affirms murder convictions, clarifying flight, treachery, and evidence rules in criminal cases.

Treachery in Criminal Law: When Unexpected Attacks Constitute Murder

The Supreme Court explains when a sudden, unexpected attack constitutes treachery and qualifies a killing as murder under Philippine law.

Self Defense and Credibility: Redefining Homicide Conviction in the Philippines

The Supreme Court explains Philippine rules on self-defense, defense of a relative, and witness credibility in affirming a homicide conviction.

Service of Resolutions When DOJ Rules Prevail Over the Rules of Court

When do DOJ rules on service of resolutions override the Rules of Court? The Supreme Court clarifies in Tam Wing Tak v. Makasiar.

Demurrer to Evidence: The Accused's Right vs. the Trial Court's Discretion

A demurrer to evidence tests the prosecution's case, but trial courts hold broad discretion. Learn the limits of this remedy.

Novation by Implied Consent: When a Creditor's Silence Speaks Volumes

Philippine Supreme Court ruling on how a creditor's failure to object to a debtor substitution can constitute implied consent to novation.

Attorney Suspended for Representing Conflicting Interests in Corporate Dispute

The Supreme Court suspended a lawyer for six months after finding she acted for conflicting interests in a corporation she helped organize and later led as president.

Jurisdictional Boundaries: Appealing Customs Decisions and Exhausting Administrative Remedies in Importation D

Philippine Supreme Court ruling on why importers must appeal customs abandonment decisions to the Commissioner and CTA, not RTC.

Raffle of Cases With Injunction Prayers: Notice Rules and Exceptions

When can a case with an injunction prayer be raffled without notice to all parties? The Supreme Court explains the exceptions.

Guilt by Association: The Limits of Conspiracy in Philippine Criminal Law

The Supreme Court clarifies that mere presence at a crime scene does not prove conspiracy, acquitting an accused while affirming a co-accused's murder conviction.

Protecting the Vulnerable: Upholding the Death Penalty in Child Rape Cases

The Supreme Court affirms the death penalty for the rape of a six-year-old, detailing the rules on victim credibility and evidence.

When Does Self-Defense Hold Up in Court? Examining Unlawful Aggression

The Supreme Court explains why self-defense failed in a police shooting case, and what unlawful aggression really requires.

Rape and Relationship Qualifying Circumstances and Penalties

Understand how rape penalties change when a qualifying circumstance like relationship is proven, based on Philippine Supreme Court rulings.

When Brutality Escalates: Establishing Cruelty as an Aggravating Circumstance in Murder Convictions

The Supreme Court explains how cruelty as an aggravating circumstance elevates homicide to murder, using the Valdez decapitation case as a guide.

Parental Authority and the Burden of Proof in Philippine Illegal Recruitment Cases

Explaining the Supreme Court's ruling on large-scale illegal recruitment, the burden of proof, and why parental authority matters in criminal cases.

Rape of a Mentally Retarded Person: Consent and Knowledge of Disability

Philippine Supreme Court ruling on rape of a mental retardate, consent, and the need to allege knowledge of disability in the information.

Timely Payment Matters Retroactivity Of Docket FEE Rules IN Philippine Courts

Philippine Supreme Court ruling on retroactive docket fee rules and the importance of timely payment in civil cases.

Upholding Attorney Accountability A Lawyers Duty TO Clients Despite FEE Disputes

Philippine Supreme Court ruling on lawyer's duty to clients despite fee disputes, jurisdictional rules, and carrier liability for passenger safety.

Rape and Consent: Examining the Boundaries of Force and Intimidation in Philippine Law

The Supreme Court clarifies that rape is defined by lack of consent, not by the timing of physical force. A knife held during the act proves intimidation, and the death penalty was reduced to reclusio

Respect in Court: The Limits of Zealous Advocacy and Attorney Contempt

A lawyer's zeal must yield to courtroom decorum. The Supreme Court affirms direct contempt for an attorney who challenged and insulted the judge.