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Showing 17017–17040 of 19,292 articles for “eme”

Recall Elections: Defining the Process and Protecting Local Governance Stability

The Supreme Court clarifies when recall elections may be held under the Local Government Code, balancing accountability with stability.

Illegal Dismissal in the Philippines: Why Unauthenticated Evidence and Lack of Due Process Can Cost Employers

Philippine Supreme Court clarifies illegal dismissal rules: retirement age, CBA benefits, and employer liability in Ondevilla v. Colegio de San Juan de Letran.

Eyewitness Testimony and Treachery Can Convict Even Without Physical Evidence

A single credible eyewitness can sustain a murder conviction despite negative paraffin test results. The Supreme Court explains when treachery qualifies the killing.

Default Orders and the Duty to Answer: Balancing Procedural Rules and Substantive Justice

When does a petition for certiorari excuse a defendant from filing an answer? The Supreme Court clarifies the rules on default orders.

Robbery With Rape: How Intimidation Proves Lack of Consent in Philippine Law

Philippine Supreme Court ruling explains how intimidation, not physical force, suffices to prove lack of consent in robbery with rape cases.

The Reach of Conspiracy: When Concerted Acts Establish Guilt in Criminal Cases

Philippine Supreme Court ruling on how conspiracy makes all participants equally liable for murder, explained in plain language.

Father Rape Conviction and the Limits of Credibility in Intrafamilial Sexual Abuse Cases

The Supreme Court affirms a father's rape conviction, explaining why a daughter's delayed report and alleged "complex" do not destroy credibility.

When Drunken Brawls Lead to Deadly Stabs: Distinguishing Homicide From Murder

The Supreme Court acquits an accused of murder, explaining how failure to prove treachery and identity can reduce the charge to homicide.

When a Civil Case Does Not Suspend Criminal Estafa Proceedings

The Supreme Court clarifies when a civil action for nullity of trust receipts is not a prejudicial question that suspends criminal estafa cases.

Driving Without a License: Upholding Termination for Violation of Company Rules

Supreme Court affirms dismissal of employee who drove company vehicle without a valid license, causing damage and violating company rules.

Witness Credibility: Inaction During a Crime Does Not Mean False Testimony

Philippine Supreme Court ruling on why a witness's stunned inaction during a crime does not undermine credibility or testimony.

When a Civil Case Does Not Stop a Criminal Estafa Charge: Trust Receipts Explained

A civil suit to nullify trust receipts does not automatically suspend criminal estafa proceedings. The Supreme Court explains when a prejudicial question exists.

Breach of Express Warranty: Seller Liable for Unpaid Taxes Despite Transfer of Ownership

Philippine Supreme Court ruling: a vehicle seller's assurance that taxes were paid is an express warranty; breach makes seller liable for unpaid duties.

Online Psychological Abuse Under RA 9262: Proving Social Media Authorship

The Supreme Court clarifies how to prove social media authorship in VAWC cases and raises penalties when ICT is used.

Bouncing Checks and Criminal Liability: Why Account Sufficiency Matters

Philippine Supreme Court explains when issuing a check against a closed account becomes a crime under BP 22, and why account sufficiency at issuance is key.

Guardianship and Estate Rights: Resolving Inheritance Disputes Over Unauthorized Property Sales

A Supreme Court ruling clarifies when heirs can redeem property sold on execution and how courts protect estate rights in inheritance disputes.

Contractor's Tax Assessments: Prescription Periods and Gross Receipts Rules

Philippine Supreme Court ruling on tax assessment prescription periods, contractor's tax on security agency gross receipts, and protest deadlines under the NIRC.

Bad Faith Litigation: When Filing Suit Leads to Damages

Philippine Supreme Court rules on when filing an unfounded lawsuit constitutes bad faith, exposing litigants to moral and exemplary damages.

Conspiracy and Treachery in Group Attacks: Key Lessons from People v. Conde

How the Supreme Court applied conspiracy and treachery doctrines to hold a participant liable for murder in a group stabbing.

Defining Managerial vs Supervisory Roles for Union Membership in the Philippines

Philippine Supreme Court clarifies the distinction between managerial and supervisory employees for union membership eligibility under the Labor Code.

Conspiracy and Homicide: How Group Violence Establishes Criminal Liability

The Supreme Court explains how conspiracy in group violence makes every participant liable for murder, even without inflicting the fatal wound.

Representation in Legal Disputes: Clarifying Counsel Rights for Local Government Officials

Learn when local government officials may hire private counsel and how service of notices affects appeals, based on a 2000 Supreme Court ruling.

Forcible Abduction With Rape: Positive Identification Prevails Over Alibi

The Supreme Court affirms a rape conviction, ruling that the victim's positive identification outweighs the accused's alibi and denial.

Credibility of Rape Victims' Testimony: The Daughter-Father Exception in Philippine Law

Philippine Supreme Court affirms rape conviction based on daughter's credible testimony against father, explaining why courts give greater weight to such accusations.