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Showing 17521–17544 of 19,292 articles for “eme”

Victim Testimony in Rape Cases: Why Philippine Courts Prioritize Credibility

Philippine courts rely on credible victim testimony in rape cases. Learn how the Supreme Court weighed evidence in People v. Pagpaguitan.

Buyer Beware Due Diligence and the Importance of Lis Pendens in Philippine Property Transactions

A Supreme Court ruling on lis pendens, due diligence, and buyer protection in Philippine real estate transactions.

Management Prerogative vs Constructive Dismissal: SC Ruling on Workplace Audits

Philippine Supreme Court clarifies when workplace audits and reassignments are valid management prerogative, not constructive dismissal.

Truth and Honesty in Legal Practice: Why Misleading the Court Can Lead to Suspension

A lawyer's false statement in a motion for postponement led to a six-month suspension. Learn the ethical rules on candor.

Neglect of Duty by a Process Server: Upholding Timely Justice in Philippine Courts

The Supreme Court holds process servers accountable for unjustified delays in serving summons, reaffirming that their duty is ministerial and vital to due process.

Hlurb Jurisdiction Prevails Ensuring THE Right Forum FOR Land Dispute Resolution IN THE Philippines

Learn how the Supreme Court clarified expropriation rules under the 1997 Rules of Civil Procedure, including writ of possession and just compensation requirements.

Attorney Negligence in the Philippines: A Lawyer's Duty of Diligence and the Consequences of Abandoning a Clie

When can a lawyer abandon a client? The Supreme Court explains the duty of diligence and the penalty for neglect in Aromin v. Boncavil.

Protecting Seafarers From Illegal Dismissal: Employer Burden of Proof in Philippine Maritime Law

Learn how the Supreme Court protects Filipino seafarers from illegal dismissal and what employers must prove to justify early repatriation.

Equitable Mortgage vs Pacto de Retro Sale: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on when a sale with right to repurchase is actually an equitable mortgage, protecting property owners from unfair transactions.

Why a Victim's Testimony Alone Can Convict in Incestuous Rape Cases

The Supreme Court affirms that a credible victim's testimony alone can convict in incestuous rape, explaining why in People v. Hivela.

Equitable Mortgage vs. Sale With Right to Repurchase: Philippine Supreme Court Ruling

Philippine Supreme Court explains when a "sale with right to repurchase" is actually an equitable mortgage, protecting borrowers from unfair foreclosure.

Tortious Interference in the Philippines: Upholding Contractual Rights in Business Disputes

Philippine Supreme Court clarifies tortious interference with contract elements, malice requirement, and attorney's fees in business lease disputes.

Reasonable Doubt Prevails: Why Inconsistent Testimony Can Lead to Acquittal in Illegal Detention Cases

The Supreme Court acquits three men of serious illegal detention, ruling that inconsistent prosecution testimony failed to prove guilt beyond reasonable doubt.

Court Personnel Extortion: When Demanding Money for Court Records Is Gross Misconduct

A Supreme Court ruling on a court interpreter who extorted money from a litigant shows how the judiciary polices its own and what conduct merits dismissal.

Local Autonomy vs Legislative Power: Safeguarding Citizen Approval in City Reclassification

Supreme Court ruling: downgrading a city's status without a plebiscite violates the Constitution and local autonomy.

Condition Precedent in Philippine Contracts: Ensuring Clear Title Before Purchase

Philippine Supreme Court ruling on when a buyer's obligation to purchase depends on the seller's prior compliance with a condition precedent.

Illegal Recruitment in Large Scale and Estafa: Lessons from People v. Moreno

The Supreme Court explains when illegal recruitment becomes large scale and how it overlaps with estafa, using the Moreno case.

Robbery with Homicide: When Circumstantial Evidence and Voluntary Confessions Convict

The Supreme Court affirms a robbery-homicide conviction based on circumstantial evidence and voluntary admissions to a confidant, not custodial interrogation.

Navigating Corporate Officer Dismissals: NLRC vs SEC Jurisdiction in the Philippines

Learn when corporate officer dismissals fall under SEC jurisdiction rather than the NLRC, based on the Supreme Court ruling in Union Motors v. NLRC.

Unlawful Detainer in the Philippines: Prior Possession Not Required to File Suit

Philippine Supreme Court clarifies that prior physical possession is not required to file unlawful detainer, and ownership disputes do not bar the case.

Circumstantial Evidence and Confessions to Confidants: Robbery with Homicide Conviction

The Supreme Court affirms a robbery-with-homicide conviction based on circumstantial evidence and voluntary admissions to a trusted police officer.

Upholding Fair Trial: The Importance of Cross-Examination in Philippine Criminal Proceedings

How the Supreme Court balanced a rape conviction with the accused's right to cross-examine, clarifying token resistance and delay rules.

Citizen Watchdogs and Libel: The Vasquez Standard for Criticizing Public Officials

The Supreme Court acquits a citizen who denounced a barangay chairman, clarifying libel law for public officials in the Philippines.

Reasonable Doubt and Witness Credibility: When Philippine Courts Must Acquit

Philippine Supreme Court explains why inconsistent witness testimony and doubtful dying declarations create reasonable doubt requiring acquittal in murder case.