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显示第 4873–4896 篇,共 24,676 篇文章

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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.

Dec 4, 2017labor-lawpiercing-corporate-veildue-processjurisdictionexecution

Piercing the Corporate Veil in Labor Cases: Jurisdiction and Due Process Limits

The Supreme Court clarifies that piercing the corporate veil cannot be used to hold non-parties liable in labor execution without proper jurisdiction.

Dec 4, 2017due processlabor lawcorporate veilexecutionjurisdictioncross-examination

Due Process Prevails: Cross-Examination Rights and the Consequences of Missed Notice

A Supreme Court ruling on why a labor arbiter cannot hold non-parties liable in an execution writ without due process and jurisdiction.

Dec 4, 2017judicial-clemencyadministrative-lawsupreme-courtlegal-ethicsremorsepublic-trust

The High Bar for Judicial Clemency: Remorse, Reformation, and Public Trust

The Court clarifies the strict standards for judicial clemency, emphasizing remorse, reformation, and public trust in the judiciary.

Nov 29, 2017forum shoppingrules of courtcivil procedurelitis pendentiares judicatasupreme court

Forum Shopping in Philippine Courts: When Multiple Lawsuits Become an Abuse of Process

The Supreme Court explains the rule against forum shopping, its tests, and the consequences of filing multiple suits for the same relief.

Nov 29, 2017criminal-law

Insanity Defense AND Criminal Liability Establishing THE Burden OF Proof

Nov 29, 2017qualified theftcriminal lawgood faithprobable causecorporate lawrevised penal code

Good Faith Belief and Lack of Intent: Understanding Theft in Corporate Contexts

The Supreme Court clarifies when good faith belief in authority negates theft intent and owner consent in corporate settings.

Nov 29, 2017expropriationjust compensationra 8974eminent domainreplacement cost

Just Compensation for Improvements in Expropriation: The Replacement Cost Rule

Philippine Supreme Court clarifies how courts must value improvements in expropriation cases, requiring evidence of replacement cost under RA 8974.

Nov 29, 2017insanity defensecriminal liabilityrevised penal codeexempting circumstancephilippine supreme court

Insanity Defense Clear Proof Required For Exemption From Criminal Liability In The Philippines

Philippine Supreme Court clarifies that the insanity defense requires clear and convincing proof of cognitive impairment at the time of the crime.

Nov 29, 2017labor-lawillegal-dismissalclosure-of-businessnominal-damagescorporate-fictionseparation-pay

Reinstatement Without Backwages: Balancing Employee Rights and Employer Prerogatives in Labor Disputes

The Supreme Court clarifies when a business closure is valid, when procedural lapses only merit nominal damages, and when corporate veils may be pierced.

Nov 29, 2017criminal-lawself-defensedefense-of-relativesconspiracyhomicideattempted-homicide

When Self-Defense Fails: Liability for Homicide and Attempted Homicide in a Family Brawl

The Supreme Court clarifies when self-defense and defense of relatives fail, and how liability is determined absent conspiracy in a family brawl.

Nov 29, 2017self-defenseunlawful aggressionhomicidedefense of relativescriminal law

Self-Defense and Unlawful Aggression: Key Lessons from Napone v. People

The Supreme Court clarifies when self-defense and defense of relatives fail, and how unlawful aggression must be proven in Philippine homicide cases.

Nov 29, 2017conspiracycriminal lawrevised penal codeentrapmentcounterfeit currencysupreme court

Conspiracy in Drug and Currency Cases: When Mere Presence Is Not Enough

Supreme Court acquits wife in counterfeit money case, ruling mere presence and receipt of marked money do not prove conspiracy.

Nov 29, 2017property-lawgood-faithqualified-theftapparent-authoritycriminal-lawsupreme-court

Caveat Venditor Upholding Good Faith in Real Estate Transactions

Philippine Supreme Court clarifies how good faith and apparent authority negate criminal intent in property takings, protecting honest actors.

Nov 29, 2017civil lawquasi-delictnegligenceelectric utilityproximate causedamages

Electrical Utility Liability: Negligence in Infrastructure Management

When an electric utility's haphazardly relocated posts and wires cause a fire, the utility—not the property owner—bears liability for damages.

Nov 29, 2017eminent domainjust compensationexpropriationreplacement costra 8974property law

Just Compensation for Expropriated Improvements: The Replacement Cost Standard

Learn how Philippine courts value improvements in expropriation cases and why the Supreme Court remanded this case for proper evidence.

Nov 29, 2017criminal-lawqualified-theftprobable-causeapparent-authoritygood-faithrevised-penal-code

When Silence Incriminates: Consent, Good Faith, and the Limits of Deniability in Qualified Theft

Explore the Supreme Court's ruling on qualified theft, apparent authority, and good faith in People v. Delos Santos.

Nov 28, 2017forum shoppingcivil procedurelitis pendentiares judicatacertification against forum shoppingsupreme court

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Nov 27, 2017conjugal propertyspousal consentmortgageforeclosurefamily codeproperty law

Spousal Consent and Mortgage Validity: Protecting Conjugal Property Rights in the Philippines

A spouse cannot mortgage conjugal property without the other's written consent. The Supreme Court explains the consequences in Boston Equity v. Del Rosario.

Nov 27, 2017civil-lawfamily-codemortgageforeclosureconjugal-propertysupreme-court

Grave Abuse of Discretion Clarifying Reconveyance Obligations in Property Disputes

Supreme Court clarifies that a spouse's written consent is essential to a valid mortgage of conjugal property, and explains the two-bidder rule.

Nov 27, 2017civil procedurejudgment executionrevival of judgmentprescriptionequityrule 39

Enforcing Final Judgments: When Equity Allows Revival Beyond the Prescriptive Period

The Supreme Court clarifies when courts may allow revival of a final judgment beyond the 10-year prescriptive period, applying equity over strict rules.

Nov 27, 2017labor-lawillegal-dismissaltotality-of-infractionsjust-causeterminationdue-process

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

Nov 27, 2017civil-procedurerevival-of-judgmentexecutionequityprescriptionrule-39

Revival of Judgment: Equity Prevails Over Strict Time Limits in Execution

Supreme Court rules equity can revive stale judgments when delay is caused by the losing party's dilatory tactics.

Nov 22, 2017pagcortaxationvatincome taxfranchise taxgocc

PAGCOR Tax Liabilities Clarifying Income and VAT Exemptions Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liability: 5% franchise tax on gaming income, income tax on related services, and VAT exemption.