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Showing 1897–1920 of 19,252 articles for “eme”

Statutory Rape and Intellectual Disability: The Villena Ruling Explained

The Supreme Court clarifies that rape of an intellectually disabled person with a mental age below 12 constitutes statutory rape under Philippine law.

Understanding Sheriffs Fees and Improper Solicitation in Extrajudicial Foreclosures

A sheriff's dismissal for demanding P5,000 per title in foreclosure fees—what the Supreme Court said about unauthorized collections.

Executive Power Limits in Treaty Withdrawal: Insights from Philippine Jurisprudence

The Supreme Court clarifies when the President may unilaterally withdraw from treaties, balancing executive discretion with legislative involvement.

The President’s Power to Withdraw from Treaties: What the Supreme Court Ruled

The Supreme Court clarified the limits of the President’s power to withdraw from international treaties. Learn the rules from the Rome Statute case.

Plea Bargaining in Drug Cases: Why Prosecutorial Consent Matters

The Supreme Court clarifies that plea bargaining in drug cases requires the prosecutor's consent, and explains the limits of A.M. No. 18-03-16-SC.

Chain of Custody in Drug Cases: Why Strict Compliance Matters After RA 10640

The Supreme Court acquits a drug suspect for broken chain of custody and missing witnesses, reinforcing strict compliance with Section 21 of RA 9165.

Understanding Intent and Liability in Estafa and Graft Cases: Lessons from a LRA Employee's Conviction

The Supreme Court affirms the conviction of an LRA employee for estafa and graft, clarifying the elements of fraud and bad faith.

Victim Testimony in Philippine Rape Cases: Insights from a Landmark Supreme Court Decision

A look at how the Supreme Court upholds rape convictions based on credible victim testimony, even without medical evidence.

Voluntary Arbitrator Appeals: The 15-Day Rule After Reconsideration

Philippine Supreme Court clarifies the appeal period for voluntary arbitrator decisions—15 days after denial of reconsideration, not 10.

Mastering the Appeal Period: How to Navigate Voluntary Arbitrator Decisions in the Philippines

Learn the correct appeal period for voluntary arbitrator decisions in the Philippines, clarified by the Supreme Court in DORELCO Employees Union v. DORELCO.

Understanding Illegal Dismissal When Negligence Doesnt Justify Termination

The Supreme Court clarifies when simple negligence or carelessness cannot justify termination, explaining the standards for loss of trust, gross neglect, and abandonment.

Reasonable Doubt in Drug Cases: The Chain of Custody Rule Under RA 9165

The Supreme Court acquits a drug suspect where police failed to comply with the chain of custody rule, reaffirming the presumption of innocence.

Loss of Trust and Confidence as Just Cause for Dismissal: What Employers Must Prove

The Supreme Court clarifies when loss of trust, gross neglect, or abandonment can justify terminating an employee under Philippine labor law.

Contract Rescission in the Philippines: When Forfeiture Clauses and Mutual Restitution Apply

Philippine Supreme Court clarifies when forfeiture clauses survive contract rescission and when mutual restitution applies under Article 1191.

Illegal Dismissal: When Loss of Trust and Confidence Fails as Just Cause

Philippine Supreme Court clarifies when loss of trust, gross neglect, and abandonment are valid grounds for dismissing an employee.

Understanding Void Marriages: The Impact of Simulated Unions on Legal Validity in the Philippines

A simulated marriage used as a front for benefits is void ab initio. The Supreme Court explains why in Ado-an-Morimoto v. Morimoto.

Land Registration and the Integrity of Torrens Titles in the Philippines

Explaining the Supreme Court ruling on land registration, double titling risks, and the integrity of Torrens titles.

Ensuring Integrity in Drug Cases: The Crucial Role of Chain of Custody in Philippine Law

The Supreme Court acquits a drug suspect due to a broken chain of custody, underscoring why every link matters in preserving evidence integrity.

Management Prerogative vs. Constructive Dismissal: Balancing Employer Rights and Employee Security

The Supreme Court clarifies when loss of trust, negligence, and abandonment justify dismissal, protecting employees from arbitrary termination.

The Prosecutor's Consent in Plea Bargaining: Insights from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies that a prosecutor's consent is indispensable for a valid plea bargain in drugs cases.

Understanding Judicial Misconduct and the Limits of Affidavits of Desistance in the Philippines

A Supreme Court ruling explains when affidavits of desistance fail to absolve an accused and clarifies penalties for estafa and graft.

Plea Bargaining in Drug Cases: Consent Rules, DOJ Circulars, and What the High Court Settled

The Supreme Court clarifies when prosecutors must consent to plea bargains in drug cases and why courts cannot strike down DOJ circulars on their own.

Plea Bargaining in Drug Cases: What the Supreme Court's Majingcar Ruling Means

The Supreme Court clarifies when courts may allow plea bargaining in drug cases and the prosecutor's role in the process.

Due Process and Finality of Judgments: A Landmark Philippine Case Analysis

Explore the Supreme Court's ruling on due process, finality of judgments, and annulment in Thomas v. Trono.