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Showing 97–120 of 124 articles for “taking”

Lawyer Disbarred for Taking Client's Properties in Breach of Trust

A lawyer who acquired his client's properties for himself instead of selling them to pay creditors was disbarred for gross misconduct.

When Eminent Domain Leads to Total Loss: Just Compensation for Uninhabitable Property

When government projects render private property uninhabitable, the taking is deemed complete and full just compensation is due.

Traffic Violations and Negligence: When a Bus Driver's Overtaking Causes Liability

A bus driver who overtakes despite an oncoming car is negligent. Employers must prove diligence in supervision to avoid liability.

Carnapping vs Theft: Defining Unlawful Taking of a Motor Vehicle

Philippine Supreme Court clarifies when taking a vehicle is carnapping, not qualified theft, and the proper penalties.

Judge Fined P10,000 for Undue Delay in Forcible Entry Case Decision

Supreme Court fines judge P10,000 for taking over two years to decide a forcible entry case, violating the 30-day rule.

Affidavit Ambiguity in Manning Agency Liability: A Philippine Maritime Law Lesson

Philippine Supreme Court rules on how ambiguous affidavits of undertaking by manning agents should be interpreted in maritime claims.

When Robbery Evidence Fails: Acquittal for Lack of Corpus Delicti

The Supreme Court acquits an accused in robbery with homicide where the prosecution failed to prove the taking of property, explaining the necessity of establishing corpus delicti beyond reasonable do

When Rape Precedes Robbery: Distinguishing Theft from Robbery with Rape

The Supreme Court clarifies when taking property after rape constitutes theft, not robbery with rape, in People v. Tamayo.

Eminent Domain Just Compensation Must Reflect Fair Market Value AT Time OF Taking

Philippine Supreme Court clarifies that just compensation in expropriation is valued at the time of taking, not at judgment.

Integrity in the Judiciary: Dismissal for Misconduct and Neglect of Duty

Security guard dismissed for taking court plywood; security officer suspended for failing to report the theft. A lesson on integrity.

Kidnapping for Ransom: When Taking a Child Even Briefly Is a Capital Crime

The Supreme Court affirms the death penalty for kidnapping for ransom, clarifying that even brief detention of a minor for ransom constitutes the capital offense.

Custody and Accountability: When Election Officers Take Ballot Boxes Home

A Supreme Court ruling reminds poll officials that taking ballot boxes home without COMELEC authority is a criminal offense, even if the boxes are returned later.

Cattle Rustling: When Taking and Ownership Are Proven in Large Cattle Theft

Philippine Supreme Court clarifies what proves in cattle rustling is broad.** A caretaker, herdsman, or anyone in lawful possession counts as an owner for purposes of consent under P.D. 533.

Theft of an Aircraft: When Taking Without Consent Is Still Theft in the Philippines

A pilot's unauthorized flight of his former employer's aircraft was ruled theft. The Supreme Court clarifies intent to gain and penalties.

Quasi-Delict and Vehicular Accidents: When Overtaking Leads to Liability in Philippine Courts

A Supreme Court ruling clarifies negligence, proximate cause, and vicarious liability in a vehicular accident quasi-delict case.

Reassessing Criminal Liability: When Robbery With Homicide Becomes Theft, Homicide, and Murder

The Supreme Court clarifies when killing followed by taking property is not robbery with homicide but separate crimes of murder, homicide, and theft.

Intent Matters Distinguishing Robbery With Rape From Separate Crimes

Philippine Supreme Court clarifies when a sexual assault followed by taking property is one complex crime or separate offenses.

Defining Kidnapping When Taking A Child Becomes A Crime IN THE Philippines

When does taking a child become kidnapping? The Supreme Court explains the elements of serious illegal detention under the Revised Penal Code.

Qualified Theft vs Robbery with Homicide: Force and Intent Distinguished

Supreme Court clarifies when unlawful taking without proven force is qualified theft, not robbery with homicide.

Distinguishing Homicide From Robbery With Homicide: Intent Is the Decisive Factor

The Supreme Court explains when taking a victim's property after a killing is theft, not robbery with homicide.

Overtaking at a Curve: Determining Negligence and Liability in Vehicular Accidents

Philippine Supreme Court ruling on overtaking at curves, negligence presumption, and common carrier liability for passenger deaths.

Overtaking at a Curve and Common Carrier Liability: Mallari v. Court of Appeals

A jeepney driver's reckless overtaking at a curve makes both driver and owner liable for a passenger's death.

Consent and Carnapping: When Initial Permission Negates Criminal Intent

The Supreme Court explains when initial consent to take a car negates unlawful taking, the core element of carnapping.

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.