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Showing 17113–17136 of 19,292 articles for “eme”

Election Contests: Balancing Procedural Rules and the Will of the Electorate

The Supreme Court rules that technical rules on forum shopping should not defeat the people's choice in election contests.

Bouncing Checks Law: Valid Defense When Developer Fails to Complete Project

Supreme Court rules buyer's suspension of payments under PD 957 is valid defense against B.P. 22 bouncing checks charges.

Employers' Subsidiary Liability and Due Process in Criminal Proceedings

When can an employer be held subsidiarily liable for an employee's crime? The Supreme Court explains the due process requirements.

Bouncing Checks Law: When a Valid Cause to Stop Payment Defeats a Conviction

The Supreme Court acquits a buyer who stopped payment on postdated checks due to a developer's failure to complete a townhouse project.

Court Stenographers' Duty to Transcribe Notes: A Lesson in Timely Justice

Philippine Supreme Court ruling on stenographers' duty to transcribe notes within 20 days, and accountability for delays in justice.

Certification Against Forum Shopping: Why Corporate Officers Must Sign

A corporation's certification against forum shopping must be signed by an officer, not counsel. The Supreme Court explains why in Digital Microwave Corp. v. Court of Appeals.

When Courts Overstep Authority in Preliminary Investigations: Domondon v. Sandiganbayan

The Supreme Court clarifies when courts may interfere with the Ombudsman's prosecutory discretion, and when judicial overreach becomes grave abuse.

Union Dues and Attorney's Fees: Protecting Employee Rights in Collective Bargaining

The Supreme Court clarifies when attorney's fees can be charged to union members and the strict rules on check-off deductions.

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Upholding Employers Right TO Dismiss FOR Fraud THE Philippine Airlines Case

When can an employer validly dismiss an employee for fraud? The Supreme Court's ruling in Philippine Airlines v. NLRC explains the standard.

Limits on Ombudsman's Power: Court Upholds Anti-Graft Prosecution Discretion

Supreme Court clarifies courts cannot interfere with Ombudsman's prosecutorial discretion absent grave abuse, in anti-graft case.

Treachery and Criminal Intent: How Philippine Courts Establish Murder Liability

The Supreme Court explains how treachery and intent to kill are proven in murder cases, using the conviction of Maximo Hernandez as an example.

Reasonable Doubt Prevails: Insufficient Identification in Drug Sale Conviction

Supreme Court acquits drug sale convicts when police cannot identify who sold marijuana, applying reasonable doubt standard.

Judicial Accountability: When a Judge Ignores the Supreme Court and the Law

A 2000 Supreme Court ruling shows that judges can be fined for failing to follow a mandatory reporting law and for remarks that undermine the Court's authority.

Clouded Titles: Protecting Land Ownership Rights Against Invalid Claims

Learn how the Supreme Court protects land ownership rights when fraudulent claims, invalid mortgages, and void free patents cloud title.

When Heirs Can Question a Void Marriage After Death: The Niñal Rule

Heirs may challenge a deceased person's void marriage for successional rights. The Supreme Court explains the limits and rules.

Duty and Diligence: Upholding Efficiency in Public Service

A Supreme Court administrative case reminds court employees that efficiency and diligence are non-negotiable duties in public service.

When Defense Falters Distinguishing Homicide From Murder IN Philippine LAW

A Supreme Court ruling clarifies how treachery elevates a killing to murder and why alibi fails without proof of physical impossibility.

Reckless Imprudence in Vehicular Accidents: Negligence and Penalty Rules

Philippine Supreme Court ruling on reckless imprudence in vehicular accidents, explaining negligence standards, proximate cause, and penalty imposition under Article 365.

Protecting Innocence: The Supreme Court's Stance on Child Rape and Child Witness Testimony

A five-year-old rape victim's testimony can convict. The Supreme Court explains child witness credibility and the death penalty for child rape.

Sequestration vs. Attachment: Resolving Jurisdictional Conflicts Over Corporate Assets

When a sequestered company faces a collection suit, which court prevails? The Supreme Court clarifies the boundaries between PCGG sequestration and RTC attachment.

Self-Defense and Unlawful Aggression: The Boundaries of Justifiable Force

When does a person have the right to use force to defend oneself? The Supreme Court clarifies the limits of self-defense in People v. Gaviola.

Abuse of Superior Strength and Treachery in Murder: Key Lessons from People v. Pirame

Explaining how the Supreme Court distinguished treachery from abuse of superior strength in a murder conviction, with practical lessons for criminal cases.

Interlocking Confessions Establishing Guilt In Conspiracy Cases

Explains when extrajudicial confessions of co-accused can be used against another accused, citing the Supreme Court's ruling in People v. Job.