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Showing 3193–3216 of 4,269 articles for “philippine supreme court”

When Can an Employer Be Sued for an Employee’s Libel? The Premature Enforcement Rule

Philippine Supreme Court clarifies that an employer’s subsidiary liability for an employee’s libel can only be enforced after criminal conviction, not before.

Estate Tax Deficiency: When Surcharges and Interest Apply Under the NIRC

Philippine Supreme Court ruling on estate tax deficiency surcharges, interest, and penalties under the NIRC, explained for lay readers.

Docket Fees vs Filing Brief: Understanding Grounds for Appeal Dismissal in Philippine Courts

Philippine Supreme Court clarifies that failure to file an appellant's brief is not the same as non-payment of docket fees for appeal dismissal.

Positive Identification Prevails Over Alibi in Murder Conviction

Philippine Supreme Court affirms murder conviction, ruling that credible eyewitness identification outweighs the inherently weak defense of alibi.

Obligations Under Contracts Defining Liens and Encumbrances in Land Agreements

Philippine Supreme Court ruling on when "free from liens and encumbrances" in land contracts includes clearing squatters and what obligations bind successors.

Moral Ascendancy as Substitute for Force in Incestuous and Family Rape Cases

Philippine Supreme Court ruling on how moral ascendancy and intimidation can substitute for physical force in rape convictions.

Land Registration Prior Title Prevails Despite Subsequent Nullification

Philippine Supreme Court rules that a land registration application filed while an outstanding Torrens title exists is invalid, even if that title is later nullified.

Homestead Rights vs Land Reform: Balancing Social Justice and Private Property

Philippine Supreme Court ruling on whether homestead patents exempt landowners from agrarian reform and retention rights under PD 27 and RA 6657.

Self-Defense vs. Unlawful Aggression: Distinguishing Homicide from Murder in Philippine Law

Philippine Supreme Court clarifies self-defense requirements and treachery elements, reducing murder conviction to homicide in People v. Cariño.

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.

Bouncing Checks Law: When Courts May Impose Fine Instead of Imprisonment

Philippine Supreme Court ruling on B.P. 22 violations explains when fines replace imprisonment and clarifies due process rights in bouncing checks cases.

Acceptance Over Refusal When Depositing A Check Establishes Tender OF Payment

A creditor who accepts and deposits a fully funded check tendered as payment cannot later treat it as a deposit. Philippine Supreme Court ruling explained.

Circumstantial Evidence and Conviction: When Proof Falls Short of Rape With Homicide

Philippine Supreme Court ruling on when circumstantial evidence suffices for homicide but not rape with homicide conviction.

Corporate Residence vs Actual Place of Business: Determining Proper Venue in Damage Suits

Philippine Supreme Court clarifies that a corporation's residence for venue purposes is its principal office stated in the articles of incorporation, not its actual place of business.

Cancellation of Bail: Absence of Counsel Is Not a Ground for Detention

Philippine Supreme Court rules that a judge cannot cancel bail or order detention solely because the accused's counsel failed to appear at a hearing.

Surety's Continuing Liability: Upholding Obligations Despite Credit Card Upgrades

A Philippine Supreme Court ruling explains why a surety stays liable for a credit cardholder's debts even after the card is upgraded to a higher credit limit.

Intervention Denied: The Ancillary Nature of Intervention in Settled Disputes

Philippine Supreme Court explains why intervention cannot proceed once the main case is settled and terminated.

Unlicensed Firearm Use in Murder: Retroactive Law and Double Jeopardy Explained

Philippine Supreme Court ruling on retroactive application of R.A. 8294 and its effect on separate charges for illegal firearm possession.

Kidnapping for Ransom: Positive Identification Prevails Over Alibi in Philippine Law

Philippine Supreme Court ruling on kidnapping for ransom, positive identification, alibi, conspiracy, and damages under Article 267.

Beyond the Grave: When a Dead Man Can Be a Party to a Partnership

Philippine Supreme Court ruling on whether a deceased person can enter into a partnership, and the application of the Dead Man's Statute.

Unlawful Detainer vs Forcible Entry: The Role of Prior Tolerance in Ejectment Cases

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and why prior tolerance from the start is essential.

When Defense Falters: Shifting the Burden in Self-Defense Claims Under Philippine Law

Philippine Supreme Court clarifies that in self-defense claims, the burden shifts to the accused to prove justification, but the prosecution must still prove guilt beyond reasonable doubt.

Alibi vs Positive Identification: The Physical Impossibility Test in Criminal Defense

Philippine Supreme Court clarifies when alibi fails against positive identification, requiring proof of physical impossibility to be at the crime scene.

The Essence of Consent When a Contract Addendum Fails as a Valid Compromise Agreement

A Philippine Supreme Court ruling explains why a contract addendum rejected by one party cannot later be ratified as a compromise agreement once the other party has revoked it.