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Showing 2353–2376 of 5,118 articles for “ict”

Neglect of Duty: Process Servers Must Exercise Diligence in Serving Summons

A process server's careless substituted service of summons led to an administrative penalty. Learn the strict rules on valid service.

Statutory Rape Conviction Upheld: Impotence and Alibi Defenses Fail

The Supreme Court affirms a statutory rape conviction, rejecting impotence and alibi defenses, and explains how courts weigh victim testimony.

Perfecting an Appeal: Timely Payment of Appeal Fees Is Jurisdictional

Understand why paying appeal fees on time is a strict jurisdictional requirement in Philippine courts, based on a 2009 Supreme Court ruling.

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

Death and Legal Representation: How Estate Claims Proceed in Philippine Courts

Philippine Supreme Court ruling on estate claims, probate jurisdiction, and why the value of the decedent's estate determines which court hears the case.

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

Mining Rights and Corporate Authorization: The Crucial Role of Proper Board Authority in Legal Actions

A Supreme Court ruling on why corporations must secure proper board authorization for legal certifications, and the strict rules on mining disputes.

No More Extensions for Certiorari Petitions: The Strict 60-Day Rule Under A.M. No. 07-7-12-SC

The Supreme Court clarifies that courts can no longer grant extensions for Rule 65 certiorari petitions after A.M. No. 07-7-12-SC deleted the allowance.

Rape Conviction Affirmed: Victim's Credibility and Immediate Reporting Key in Philippine Law

Philippine Supreme Court affirms rape conviction, emphasizing victim credibility, immediate reporting, and trial court deference in assessing witness testimony.

Mental Retardation and Witness Credibility in Rape Cases: People v. Martinez

The Supreme Court affirms that mental retardation alone does not disqualify a rape victim from testifying credibly.

Reclassifying Criminal Liability Murder Conviction Upheld Despite Initial Kidnapping Charge

Supreme Court clarifies when taking a victim is incidental to killing—reclassifying kidnapping with murder to plain murder in People v. Estacio.

Accountability FOR ALL Establishing Conspiracy IN Robbery With Homicide

A conviction for robbery with homicide does not require each conspirator to wield the weapon. Presence and common purpose suffice.

Official Misconduct Falsifying Documents Despite Lack of Direct Gain

A mayor's conviction for falsifying public documents stands even without direct personal gain, as the crime protects public faith.

Inducement vs Direct Participation: Defining Falsification of Public Documents in Philippine Law

The Supreme Court clarifies that a mayor who notarizes false affidavits can be convicted of falsification even without direct proof of authorship.

Falsification of Public Documents: When Notarizing False Affidavits Becomes a Crime

A mayor's conviction for notarizing false affidavits of ownership and joint affidavits shows how public officials can be liable for falsification under Article 171 of the Revised Penal Code.

Chain of Custody Imperative Safeguarding Drug Evidence for Conviction

Philippine Supreme Court acquits drug suspect when prosecution fails to prove unbroken chain of custody of seized shabu.

Rape Conviction Overturned THE Importance OF Timely Reporting AND Credible Testimony IN Rape Cases

Valid Service of Summons: Refusal to Sign Does Not Defeat Jurisdiction

When a defendant's counsel receives and reads summons at the defendant's instruction, service is valid even if they refuse to sign.

Guilty Plea and Evidence: Conviction for Kidnapping With Rape Stands on Proof, Not Confession Alone

A guilty plea doesn't automatically convict. The Supreme Court explains why independent evidence still matters in kidnapping with rape cases.

Protecting the Vulnerable: Statutory Rape and the Testimony of Child Victims in Philippine Law

A look at People v. Obero, where the Supreme Court upheld a rape conviction, affirming how courts assess a child victim's testimony and the finality of judgments.

Reconstitution of Title in the Philippines: Strict Compliance and Proof of Ownership

Philippine Supreme Court explains strict requirements for judicial reconstitution of lost Torrens titles, including notice rules and proof of ownership.

HLURB's Primary Jurisdiction Over Real Estate Disputes Involving Unsound Practices

When does the HLURB have exclusive jurisdiction over real estate disputes? The Supreme Court clarifies in Tri-Corp v. Greystone.

Confession as Key Evidence in Rape with Homicide: The Weight of Judicial Admission

How a voluntary confession and circumstantial evidence secured a rape-with-homicide conviction, and what this means for criminal cases.

Broken Chains: Safeguarding Drug Evidence Integrity in Philippine Law

The Supreme Court affirms a drug conviction but orders return of items seized beyond the search warrant, underscoring strict limits on police discretion.