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Showing 25–48 of 50 articles for “escape”

Excavation Liability: When a Landowner Can Shift Blame to the Contractor

The Supreme Court clarifies when a landowner can escape liability for excavation damage to a neighbor's building, and when the contractor alone must pay.

Carrier Liability in Voyage Charters: Who Is Responsible When the Ship Isn't Yours

A common carrier cannot escape liability for lost cargo by claiming it did not own the vessel used. Philippine Supreme Court ruling explained.

Public Bidding Does Not Exempt Takay Projects From the Election Spending Ban

The Supreme Court upheld the Comelec's finding that takay or paquiao public works cannot escape the election ban on fund releases through a public bidding.

Public Accountability: Mayor's Liability for Double Payments Despite Subordinate Reliance

A mayor cannot escape liability for double payments by blaming subordinates, especially when checks were made payable to him personally.

When Duty and Danger Collide: Justifiable Homicide in the Line of Duty

A police officer's shooting of an escapee who grabbed an M16 was justified as fulfillment of duty, not homicide.

Defective Packaging Shifts Liability from Carrier to Shipper in Cargo Damage Claims

When cargo is damaged due to defective packing, the carrier may escape liability under Article 1734 of the Civil Code.

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Conspiracy vs Mere Presence: When Bystanders Escape Murder Liability

Philippine Supreme Court clarifies that mere presence at a crime scene does not prove conspiracy in murder cases, acquitting three accused.

Flight From Justice: How Fugitive Status Can Bar Appeal Rights in the Philippines

Philippine Supreme Court ruling explains how a fugitive's escape from custody can lead to dismissal of their appeal and loss of legal remedies.

Kidnapping Conviction Stands Even If Victim's Body Is Never Found

Philippine Supreme Court ruling: a kidnapper cannot escape liability simply because the victim's remains are never discovered.

Dying Declarations in Rape-Homicide: Admissibility and the Minor Offender's Penalty

A rape-homicide conviction anchored on the victim's dying declaration, and why the minor accused escaped the death penalty.

Prescription of Penalties: Why Actual Imprisonment Matters in Philippine Law

Philippine Supreme Court ruling on when prescription of penalties begins—only after a convict actually escapes from imprisonment.

Prescription of Penalties: Evasion of Sentence Requires Prior Imprisonment

Philippine Supreme Court ruling: prescription of penalty starts only when a convicted person escapes from actual imprisonment, not from hiding.

Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case

Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.

Good Faith and Emergency Purchases: When Public Officials Escape Graft Liability

Explore how the Supreme Court protected a public official from graft charges, citing good faith and emergency procurement during a blood shortage crisis.

Upholding Contractual Obligations: The Imperative of Timely Performance in Compromise Agreements

A Supreme Court ruling on continuing suretyship, assignment of credit, and trust receipts—clarifying that debtors cannot escape liability through technical defenses.

Treachery Unveiled When Opportunity TO Escape Negates A Finding OF Murder

Supreme Court explains when a victim's opportunity to escape or defend himself negates treachery, reducing murder to homicide.

Bank Negligence in Clearing Checks: When Depositors Escape Liability

Supreme Court rules banks must follow clearing rules before allowing withdrawals, holding BPI liable for its own negligence in counterfeit check case.

Upholding Justice When Procedural Technicalities Give Way to Substantial Rights

A party who participates in irregular trial proceedings without objection cannot later question them to escape an adverse ruling.

Deadfreight and Demurrage in Charter Parties: NFA v. Hongfil Shipping

Supreme Court clarifies when charterers owe deadfreight but not demurrage, and when corporate officers escape personal liability.

Philippine Rape Law: Why Complaint Details Matter in Death Penalty Cases

A father convicted of five counts of incestuous rape escaped the death penalty because the complaints failed to allege his relationship with the victim. Learn why details matter in Philippine rape cas

Rape Conviction: Slightest Penetration Suffices; Escape Injuries Count

Philippine Supreme Court clarifies that slight penetration consummates rape, and injuries from escaping the assault are chargeable to the rapist.

PNP Accountability When Law Enforcers Commit Murder in the Philippines

Supreme Court affirms murder conviction of four PNP members, holding police accountable for extrajudicial killing and escape from custody.