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Showing 217–240 of 263 articles for “boundaries”

Drugs, Murder, and Afterthoughts: Clarifying the Boundaries Between Robbery with Homicide and Multiple Offense

When theft is an afterthought to murder, the crime is not robbery with homicide. This case clarifies the distinction.

Defining the Boundaries of a Common Carrier When Transportation Duties Imply Extraordinary Diligence

A customs broker who transports goods as part of its business is a common carrier bound by extraordinary diligence under Philippine law.

Plunder and Conspiracy: Defining the Boundaries of Criminal Liability in Philippine Law

The Supreme Court clarifies how conspiracy works in plunder cases, and why each accused is liable only for acts they committed.

Perfected Contracts and Presidential Approval: Clarifying the Boundaries in Philippine BOT Agreements

The Supreme Court clarifies when a BOT contract is perfected, the role of presidential approval, and why certiorari cannot substitute for a lost appeal.

Moral Ascendancy and Intrafamilial Rape: Examining the Boundaries of Consent

A look at how the Supreme Court treats rape by a trusted neighbor and the limits of consent in close relationships.

Protecting the Vulnerable: Rape of a Person Deprived of Reason and the Boundaries of Consent

The Supreme Court affirms that a mentally retarded rape victim cannot consent to sexual acts, clarifying the law on persons deprived of reason.

Jurisdictional Boundaries When Courts Collide in Mortgage Disputes

The Supreme Court clarifies that factual questions in foreclosure cases are beyond its review, and explains the remedy of consignation.

Judicial Overreach and the Boundaries of Preliminary Investigations in the Philippines

Sales v. Sandiganbayan clarifies that preliminary investigations are substantive rights, not mere formalities, and sets limits on prosecutorial discretion.

The Boundaries of Consent: Statutory Rape and the Exploitation of Minors in the Philippines

The Supreme Court's ruling in People v. Jalosjos clarifies that statutory rape applies regardless of consent, especially when minors are exploited.

Finality of Labor Rulings: Appeal Limits in Union Registration Cases

Understand the Supreme Court's ruling on appeal limits and finality in labor cases, clarifying jurisdictional boundaries and procedural rules.

Rape With Deadly Weapon Intimidation Consent And The Boundaries Of Legal Proof

Philippine Supreme Court ruling on rape with intimidation, deadly weapon, desistance, alibi, and proof of minority.

Parental Authority vs Filial Rights: Consent Boundaries in Statutory Rape Cases

A father's rape of his 14-year-old daughter clarifies consent, parental authority, and split appellate jurisdiction in Philippine law.

Discretion of the Justice Secretary and Limits of Judicial Review in Preliminary Investigations

The Supreme Court clarifies the Ombudsman's limited role in reviewing prosecutors' findings and the boundaries of judicial review in preliminary investigations.

Defining the Boundaries of Rape Penetration as a Necessary Element in Statutory Rape Cases

The Supreme Court clarifies that touching the labia, not mere epidermal contact, is required to consummate statutory rape.

Judicial Conduct When Judges Overstep Boundaries In Replevin Cases

A judge's delay in deciding an ejectment case leads to reprimand, clarifying judicial accountability versus judicial errors.

The Boundaries of Conspiracy: Examining Intent in Frustrated Homicide Cases in the Philippines

How Philippine courts determine conspiracy in frustrated homicide, using the Salvatierra case to explain shared intent and liability.

Judicial Ethics: When Can a Judge's Spouse Practice Law in His Court

Explore the ethical boundaries for judges' spouses practicing law, based on Philippine Supreme Court rulings and the Code of Judicial Conduct.

Parental Authority vs Child Abuse: Trust and Protection Boundaries

Supreme Court affirms death penalty for father who raped his 9-year-old daughter, clarifying parental authority does not excuse incestuous rape.

Self Defense OR Unjustified Aggression Examining THE Boundaries OF Homicide IN Philippine LAW

When Can a Lawyer Withdraw Services? Ethical Boundaries Explained

Philippine Supreme Court clarifies when lawyers may withdraw from a case and when withdrawal becomes unethical misconduct warranting discipline.

Breach of Trust: Examining the Boundaries of Sexual Abuse and Statutory Rape in Domestic Settings

A look at how the Supreme Court distinguishes statutory rape from acts of lasciviousness, and why a stepfather's breach of trust matters.

Parental Authority vs Child's Well-Being: Redefining Attempted Rape Boundaries

Supreme Court clarifies when rape is attempted, not consummated, and splits appellate jurisdiction in father-daughter abuse case.

Liability of Public Officials, Good Faith, and the Limits of Supervisory Responsibility in Philippine Law

Philippine jurisprudence on public official liability, good faith defenses, and the boundaries of supervisory responsibility explained for lay readers.

Arbitration Agreements and Third Parties: Defining Contractual Boundaries in Dispute Resolution

Philippine Supreme Court ruling on arbitration clauses, third-party effects, and when courts may decline to compel arbitration.