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Showing 17905–17928 of 19,292 articles for “eme”

Self-Defense and Treachery: When Killing Becomes Murder in Philippine Law

The Supreme Court explains when a sudden attack from behind qualifies as treachery, elevating homicide to murder, and why self-defense claims fail.

The Weight of Witness Testimony: Understanding Murder Convictions in Philippine Courts

How Philippine courts weigh eyewitness testimony against alibi in murder cases, explained through a landmark Supreme Court ruling.

Exercising Your Option to Purchase: Timeliness and Good Faith in Philippine Lease Contracts

Philippine Supreme Court ruling on option-to-purchase clauses in lease contracts, timeliness of exercise, good faith, and fair market value pricing.

Proportionality in Employee Discipline: When Dismissal Is Too Harsh in the Philippines

Philippine labor law requires penalties to fit the offense. Learn when dismissal is disproportionate and how the Supreme Court applies this rule.

Demystifying Quieting of Title in the Philippines: Is It the Right Remedy for Your Land Dispute

Learn when Philippine courts allow quieting of title actions, what the requisites are, and whether this remedy fits your land dispute.

Upholding Moral Standards Teacher Dismissal FOR Immorality IN Philippine Schools

Explore the Supreme Court's ruling on dismissing teachers for immoral conduct and the legal standards for moral fitness in Philippine education.

Consent Is Key: Why the Sweetheart Defense Fails in Philippine Rape Cases

The Supreme Court explains why a supposed love affair cannot justify rape, and why consent must be proven, not assumed.

The Irrefutable Confession: How Counsel and Corroboration Cement Convictions in Philippine Courts

A counsel-assisted, voluntary confession carries strong weight in Philippine courts, especially when corroborated by independent evidence. This case explains why.

Locus Standi and Docket Fees: Lessons from National Steel v. Court of Appeals

Understand locus standi and docket fee rules in Philippine land disputes through the Supreme Court's ruling in National Steel v. Court of Appeals.

Tax Refund Rates for Miners and Forest Concessionaires Under R.A. 1435

The Supreme Court clarifies that the 25% specific tax refund for miners and forest concessionaires is based on original R.A. 1435 rates, not later amendments.

Probation After Appeal: The Fajardo Rule on When You Lose the Right

Can you appeal a conviction and still apply for probation? The Supreme Court explains the rule in Fajardo v. Court of Appeals.

Tenancy Disputes and Jurisdiction: Courts vs. Agrarian Reform Boards

Understanding when courts or DARAB have jurisdiction over agrarian disputes, based on a recent Supreme Court ruling.

Pipeline Operator as Common Carrier: Tax Exemption Under the Local Government Code

Supreme Court rules pipeline operators are common carriers exempt from local business tax under Section 133(j) of the Local Government Code.

When Surprise Turns Deadly: Understanding Treachery in Philippine Murder Cases

The Supreme Court explains treachery in murder cases through a 1998 ruling where a victim was shot while extinguishing a fire.

Just Compensation in Eminent Domain: Land Valuation Principles in the Philippines

Philippine Supreme Court clarifies how courts determine just compensation in expropriation cases, emphasizing the land's character at the time of taking.

Prescription Periods in Philippine Property Disputes Involving Constructive Trusts

When does a claim for reconveyance based on a constructive trust prescribe? The Supreme Court clarifies the 10-year rule.

Pipeline Operators as Common Carriers: Tax Exemption Under the Local Government Code

Philippine Supreme Court ruling on whether pipeline operators qualify as common carriers exempt from local business taxes under the Local Government Code.

Circumstantial Evidence vs Eyewitness Testimony in Philippine Arson and Murder Cases

How the Supreme Court distinguished insufficient circumstantial evidence from credible eyewitness testimony in a 1998 arson and murder case.

Ombudsman Jurisdiction and Preventive Suspension: Safeguarding Public Accountability

The Supreme Court clarifies the Ombudsman's jurisdiction over public officials and the limits of preventive suspension under R.A. 6770.

Dismissal for Willful Disobedience: When Managerial Discretion Has Limits

Philippine Supreme Court clarifies when a managerial employee's exercise of discretion becomes willful disobedience justifying dismissal.

Surname of Illegitimate Children: Mothers Right Prevails Under Philippine Law

Philippine Supreme Court rules illegitimate children must use their mother's surname, even when the father admits paternity.

Foreign Divorce and Inheritance Rights in the Philippines: Citizenship and Marital Validity

Philippine Supreme Court ruling on foreign divorce, citizenship, and inheritance rights of a surviving spouse in intestate succession.

Cashier Negligence and Liability: Safeguarding Public Funds in the Philippines

Philippine Supreme Court ruling on cashier negligence and accountability for lost public funds, with rules on safekeeping and COA relief.

Partition Without Prior Estate Settlement: Heirs' Rights Under Philippine Law

Philippine Supreme Court ruling on heirs' right to demand partition of inherited co-owned property without prior estate settlement proceedings.