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显示第 4849–4872 篇,共 24,676 篇文章

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Dec 13, 2017criminal lawrapeconspiracyrevised penal codesupreme court

Conspiracy in Rape Cases: Expanding Liability Beyond the Accused's Own Act

The Supreme Court explains how conspiracy in rape cases makes each accused liable for all acts committed by their co-conspirators.

Dec 13, 2017criminal-lawinsanity-defensemurderrevised-penal-codesupreme-courtphilippines

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

Dec 13, 2017criminal-lawmurdereyewitness-identificationevidencerevised-penal-codepeople-v-bayotas

Eyewitness Reliability and Positive Identification in Murder Cases

Learn how Philippine courts assess eyewitness reliability and positive identification in murder cases, and when an accused's death extinguishes criminal liability.

Dec 13, 2017criminal lawextinguishment of criminal liabilityarticle 89 rpcpeople v bayotascivil liabilitydeath of accused

Extinguishment of Criminal Liability: How Death Before Final Judgment Impacts Guilt and Civil Obligations

A Supreme Court ruling clarifies how an accused's death before final judgment extinguishes criminal liability and affects civil damages.

Dec 13, 2017criminal-lawhomicidemurderkidnappingtreacherysupreme-court

Reversal of Conviction Distinguishing Homicide From Murder and Attempted Kidnapping

Supreme Court clarifies when a killing is homicide, not murder, and why a failed abduction attempt may not be kidnapping.

Dec 12, 2017lost earning capacityquasi-delictwrongful deathcivil codeevidencevicarious liability

Proving Lost Earnings After Wrongful Death: Testimony Can Suffice, Says Supreme Court

The Supreme Court ruled that credible testimonial evidence alone can prove a deceased person's income for lost earning capacity damages.

Dec 12, 2017revival of judgmentjurisdictionregional trial courtcourt of appealsrules of courtcivil procedure

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Dec 11, 2017criminal procedurevenuejurisdictioncarnappingsupreme court

Venue Is Jurisdictional in Criminal Cases: The Casanas Carnapping Ruling

The Supreme Court explains why venue is jurisdictional in criminal cases and why a conviction outside the proper territory is void.

Dec 11, 2017criminal-lawjurisdictionvenuecarnappingsupreme-court

Territorial Jurisdiction in Criminal Cases: Where the Crime Occurs Determines the Court

The Supreme Court rules that venue in criminal cases is jurisdictional—a court cannot try an offense committed outside its territory.

Dec 10, 2017filiationinheritancefamily codeillegitimate childrensupreme court

Proving Filiation After Death: The Strict Rules on Inheritance Claims

Philippine law sets strict evidence rules for proving filiation after a parent's death. Learn what the Supreme Court requires in inheritance disputes.

Dec 6, 2017maritime-lawseafarer-rightsdisability-benefitspoea-seclabor-lawrepatriation

Seafarers' Disability Claims: Strict Compliance With 3-Day Reporting Rule Required

A seafarer who fails the three-day post-repatriation medical reporting requirement forfeits disability claims, as Tagud v. BSM shows.

Dec 6, 2017criminal lawserious illegal detentionkidnappingrevised penal codesupreme courtunlawful restraint

Unlawful Restraint: The Essential Elements of Serious Illegal Detention in the Philippines

Understand the elements of serious illegal detention under Article 267 of the Revised Penal Code, explained through a recent Supreme Court ruling.

Dec 6, 2017labor-lawillegal-dismissalloss-of-trustcashierdue-processtermination

When a Cashier’s Actions Justify Dismissal for Loss of Trust in the Philippines

A cashier’s failure to deposit checks on due dates can be valid grounds for dismissal for loss of trust and confidence in Philippine labor law.

Dec 6, 2017unlawful detainerejectmentphilippine civil lawrule 70property possession

Unlawful Detainer in the Philippines: Why Lawful Entry at the Start Matters

The Supreme Court in Bugayong-Santiago v. Bugayong explains why an unlawful detainer case fails when the occupant's entry was illegal from the beginning.

Dec 6, 2017maritime-lawseafarer-rightsdisability-benefitspoea-seclabor-lawphilippine-supreme-court

Pre-Existing Conditions vs Non-Disclosure: Protecting Seafarers' Rights to Disability Benefits

The Supreme Court clarifies the three-day reporting rule for seafarers claiming disability benefits under the POEA-SEC.

Dec 6, 2017condonation doctrineadministrative lawelective officialsombudsmanpublic accountability

Doctrine of Condonation: When Re-Election Erases Past Misconduct

The Supreme Court explains when re-election can erase past administrative misconduct, and when it cannot.

Dec 6, 2017criminal-lawhomicidemurderabuse-of-superior-strengthrevised-penal-codesupreme-court

Homicide vs Murder: When Abuse of Superior Strength Fails in Philippine Law

Supreme Court clarifies that abuse of superior strength requires simultaneous attack and deliberate advantage, reducing murder to homicide.

Dec 6, 2017criminal-law

Unlawful Restraint THE Consummation OF Serious Illegal Detention Involving Female Victims

Dec 6, 2017administrative-lawcode-of-conductcourt-personnelhomeowners-associationconflict-of-interest

Civic Duty vs Conflict of Interest: Court Employees and Community Leadership

The Supreme Court clarifies when court personnel may serve as homeowners' association officers without violating conduct rules.

Dec 6, 2017court personnelcode of conductoutside employmenthomeowners associationadministrative casecivic duty

Court Personnel and Homeowners' Association Duties: When Civic Service Is Not Moonlighting

Supreme Court clarifies when court employees may serve in homeowners' associations without violating conduct rules on outside employment.

Dec 6, 2017seafarer rightsdisability benefitspoea-secpost-employment medical examlabor law

Seafarer’s Disability Claim Denied for Missing the 3-Day Post-Repatriation Exam

A seafarer who failed the 3-day post-repatriation medical exam rule lost his disability claim. Learn the strict POEA-SEC requirement.

Dec 6, 2017labor-lawillegal-dismissalproject-employeesfloating-statusretrenchmentsecurity-of-tenure

Floating Status Limits and Project Employee Regularization in Philippine Labor Law

Supreme Court clarifies six-month limit on floating status and when project employees become regular under Philippine labor law.

Dec 5, 2017criminal-lawmalversationra-10951retroactive-lawsupreme-courtsandiganbayan

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.

Dec 4, 2017criminal lawrapequalified rapemental disabilityreasonable doubtrevised penal code

Rape and Mental Disability: Proving the Offender's Knowledge Beyond Reasonable Doubt

The Supreme Court clarifies that a rape victim's mental disability only qualifies the crime if the offender's knowledge of it is proven beyond reasonable doubt.