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显示第 481–504 篇,共 24,590 篇文章

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Aug 30, 2023criminal-lawplea bargainingdangerous drugsra 9165supreme courtdoj circular

Plea Bargaining in Drug Cases: DOJ Guidelines and Court Discretion in the Philippines

The Supreme Court clarifies that judges, not DOJ circulars, have the final say on plea bargaining in drug cases.

Aug 30, 2023criminal-lawdrug-offenseswarrantless-arrestchain-of-custodyra-9165supreme-court

Prolonged Detention and the Rights of the Accused in Philippine Drug Cases

The Supreme Court affirms drug convictions while clarifying warrantless arrest rules, chain of custody, and accused rights under RA 9165.

Aug 30, 2023criminal-lawrapeanti-rape-lawsupreme-courtcredibilityreclusion-perpetua

Rape Conviction Upheld: Force, Consent, and Credibility in Philippine Law

The Supreme Court affirms a rape conviction, clarifying force, consent, credibility, and penalties under the Anti-Rape Law.

Aug 30, 2023pcggsequestrationill-gotten wealthproperty lawsandiganbayancojuangco

PCGG Sequestration Powers: High Court Safeguards Property Owners Against Abuse in Ill-Gotten Wealth Recovery

The Supreme Court ruled that PCGG sequestration requires proper authority and cannot cover property acquired before Marcos's presidency.

Aug 30, 2023rapemental retardationcriminal liabilityrevised penal codesupreme courtphilippine law

Rape and Mental Capacity: Philippine Supreme Court Ruling on Criminal Liability

Philippine Supreme Court clarifies rape liability involving mental retardation, distinguishing statutory rape from rape of a person deprived of reason.

Aug 30, 2023novationstatute of fraudsconjugal propertyoral salecivil lawproperty law

Understanding Novation, Statute of Frauds, and Conjugal Property Sales in the Philippines

A Supreme Court ruling explains when oral land sales are valid, how novation works, and why a wife's consent matters.

Aug 30, 2023tax lawcourt of tax appealsgovernment agenciesadministrative settlementpresidential decree 242bureau of internal revenue

When Tax Disputes Between Government Agencies Must Be Settled Administratively

Supreme Court ruling on whether tax disputes between government agencies go to the CTA or administrative settlement under P.D. 242.

Aug 30, 2023malicious prosecutioncivil lawdamagesdisbarmentphilippine supreme court

Malicious Prosecution in the Philippines: When Filing a Case Crosses the Line

Filing a baseless disbarment case to pressure a lawyer can amount to malicious prosecution. Learn the rules and remedies from a recent Supreme Court ruling.

Aug 30, 2023preliminary attachmentrule 57civil procedurefraudshell petroleumsupreme court

Preliminary Attachment in the Philippines: Safeguarding Claims Without Overreach

The Supreme Court clarifies when preliminary attachment is proper, stressing strict compliance with Rule 57 to prevent abuse.

Aug 29, 2023mortgage foreclosuredeficiency claimreal estate lawbanking and financesupreme court ruling

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

Aug 29, 2023legal ethicsdisbarmentdouble jeopardyjudicial clemencysupreme court

Double Jeopardy in Attorney Disbarment: When Is a Lawyer Ineligible for Judicial Clemency

Philippine Supreme Court clarifies double jeopardy in disbarment cases and the strict standards for judicial clemency for disbarred lawyers.

Aug 28, 2023ra 9262psychological violencecybercrimevawcsocial mediacriminal law

Psychological Violence Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies psychological violence under RA 9262 and raises penalties when abuse is committed through social media or ICT.

Aug 23, 2023agrarian disputequalified theftdarabjurisdictionra 6657tenancy

Agrarian Dispute vs Qualified Theft: When Courts Must Refer Cases to DAR

The Supreme Court clarifies when criminal cases like qualified theft must be referred to the DAR because an agrarian dispute exists.

Aug 23, 2023agrarian disputequalified theftdarabtenantjurisdictionra 6657

When Agrarian Disputes Trump Criminal Cases: The Bacar Doctrine on Automatic Referral

The Supreme Court clarifies when criminal cases like qualified theft must be referred to the DAR, protecting tenant farmers' rights.

Aug 23, 2023forum shoppingcivil procedurelegal ethicsadministrative casejurisdiction

Forum Shopping: When Filing Multiple Cases Crosses the Line

The Supreme Court clarifies when filing multiple cases amounts to forum shopping, and which body has jurisdiction to rule on it.

Aug 23, 2023criminal lawinsanity defenserevised penal codemurderexempting circumstancessupreme court

Insanity Defense in Philippine Law: When Mental Illness Excuses Criminal Liability

The Supreme Court clarifies when insanity exempts an accused from criminal liability under Article 12 of the Revised Penal Code.

Aug 22, 2023extrajudicial foreclosurespecial power of attorneyreal estate mortgageact 3135property law

Extrajudicial Foreclosure in the Philippines: Why a Special Power of Attorney Is Required

The Supreme Court ruled that a general foreclosure clause is not enough—mortgagees need express authority to sell property extrajudicially.

Aug 22, 2023counterfeit currencyarticle 168revised penal codecriminal lawbuy-bust operationpossession of fake money

Possession of Fake Currency in the Philippines: Knowledge and Intent Under Article 168

Philippine law punishes possession of counterfeit currency only when knowledge and intent to use are proven. The Supreme Court clarifies this in a recent ruling.

Aug 22, 2023cybercrimerobberyra 10175revised penal codeextortionsupreme court

Cyber-Enabled Robbery in the Philippines: How RA 10175 Raises Penalties for Digital Extortion

Learn how the Supreme Court applies the Cybercrime Prevention Act to robbery committed through digital means, and why penalties are one degree higher.

Aug 22, 2023legal ethicsdisbarmentfalsified court documentscode of professional responsibilitysupreme court

Falsified Court Documents: Supreme Court Disbars Lawyer for Fabricating Court Order

A lawyer who fabricates a court order faces disbarment. The Supreme Court explains the ethical rules and consequences in a recent ruling.

Aug 16, 2023grave misconductadministrative lawombudsmandismissal from servicesubstantial evidencecivil service

Grave Misconduct in the Philippines: When Dismissal Is Unjustified

The Supreme Court clarifies that grave misconduct requires proof of corrupt intent, not mere negligence or failure to comply with rules.

Aug 16, 2023prescriptionrevised penal codephysical injuriescriminal proceduresummary procedure

When Prescription Bars a Lesser Offense: Corpus v. People

The Court explains when an accused cannot be convicted of a lesser offense because it already prescribed before the information was filed.

Aug 14, 2023criminal-lawtrafficking-in-personsanti-traffickingqualified-traffickingsupreme-courtra-9208

Understanding Qualified Trafficking in Persons: Insights from a 2023 Supreme Court Ruling

The Supreme Court affirms a conviction for qualified trafficking in persons, explaining the elements of the crime and how courts prove them.

Aug 14, 2023human traffickingra 9208qualified traffickingminorscriminal lawphilippine supreme court

When Is a Trafficking Victim Considered a Minor in the Philippines

Philippine law treats anyone under 18 as a minor for trafficking. A 2023 Supreme Court ruling explains how minority qualifies the crime.