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显示第 6025–6048 篇,共 24,689 篇文章

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Aug 17, 2016parricidecircumstantial evidencecriminal lawrevised penal codesupreme courtrules of court

Circumstantial Evidence and Parricide: Proving Guilt Beyond Reasonable Doubt

How circumstantial evidence can convict a husband of parricide when no eyewitness exists, explained through a Philippine Supreme Court ruling.

Aug 17, 2016legal ethicsconflict of interestclient confidentialitycode of professional responsibilitydisbarmentsupreme court

Upholding Client Confidentiality: A Lawyer's Duty in Conflicting Interests

When a lawyer takes on a case against a former client over a deal he oversaw, the Supreme Court says it is a conflict of interest.

Aug 17, 2016criminal lawstatutory raperevised penal codesupreme courtevidencedue process

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.

Aug 16, 2016election-lawelectoral-protestmootnesssupreme-courtphilippines

Electoral Protests and Mootness: When Expiration of Term Limits Ends the Case

The Supreme Court explains why an electoral protest becomes moot when the contested term expires, using the Roxas v. Binay case as an example.

Aug 16, 2016taxationdeposit substituteswithholding taxgovernment bondsbirsupreme court

The 20-Lender Rule and Deposit Substitutes in Philippine Bonds Explained

The Supreme Court clarifies the 20-lender rule for deposit substitutes and the 20% final withholding tax on government bonds.

Aug 15, 2016foreclosurewrit of possessionthird-party claimextrajudicial foreclosureproperty lawadverse possession

Possession Disputes When Foreclosure Sales Meet Adverse Claims

When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.

Aug 15, 2016bp 22bouncing checksnotice of dishonorcriminal lawacquittalsupreme court

Bouncing Back Acquittal in BP 22 Cases Hinges on Proof of Notice of Dishonor

Supreme Court acquits BP 22 accused where prosecution failed to prove written notice of dishonor was received by the drawer.

Aug 10, 2016estafacivil liabilitycriminal procedureloan agreementsdue processsupreme court

Estafa Acquittal and Civil Liability: Distinguishing Ex Delicto From Ex Contractu

When an estafa acquittal rests on a contract, civil liability ex delicto cannot be awarded; the creditor must file a separate civil action.

Aug 10, 2016taxationpagcortax exemptioncorporate income taxcommercial law

Tax Exemption for PAGCOR Licensees: Understanding the Scope of PD 1869

The Supreme Court clarifies that PAGCOR licensees remain exempt from corporate income tax on gaming operations under PD 1869.

Aug 10, 2016ejectmentunlawful detainerpossessionland disputescivil lawrule 70

Possession vs Ownership: Resolving Land Disputes in Ejectment Cases

In ejectment cases, physical possession matters more than ownership. The Supreme Court explains in Echanes v. Hailar.

Aug 10, 2016criminal-laweyewitness-testimonymurderattempted-murdertreacherysupreme-court

Eyewitness Testimony Prevails Over Denial and Alibi in Murder and Attempted Murder Conviction

The Supreme Court affirms a murder and attempted murder conviction, ruling that a police officer's positive eyewitness identification outweighs the accused's denial and alibi.

Aug 10, 2016contract-lawcompromise-agreementrescissionproperty-salecivil-codeexecution

Rescission Rights Enforcing Compromise Agreements In Property Sales

When a buyer defaults on a court-approved compromise agreement, the seller may rescind and enforce the original contract without a separate action.

Aug 10, 2016psychological incapacityfamily codeannulmentmarriagearticle 36supreme court

Psychological Incapacity Under Article 36: What Republic v. Pangasinan Teaches Us

The Supreme Court clarifies the strict requirements for proving psychological incapacity to nullify a marriage under Article 36 of the Family Code.

Aug 10, 2016local-governmentreal-property-taxfranchise-taxngcptax-exemptionlgc

Franchise Tax vs Real Property Tax: Clarifying NGCP's Tax Liabilities

Supreme Court clarifies when NGCP's franchise tax covers real property taxes and when local governments may still collect them.

Aug 10, 2016unlawful detainerejectmenttorrens titlepossessionrule 70property law

Torrens Title vs Actual Possession: Resolving Property Disputes in Unlawful Detainer Cases

The Supreme Court clarifies that in unlawful detainer cases, actual possession—not Torrens title—determines who stays on the property.

Aug 10, 2016administrative lawclerks of courtgross neglect of dutyrules of courtspeedy dispositionappeal records

Clerks of Court Must Transmit Appeal Records on Time: A Lesson from Tecson v. Asuncion-Roxas

A clerk of court's one-year delay in transmitting criminal appeal records to the CA constitutes gross neglect of duty, the Supreme Court rules.

Aug 10, 2016psychological incapacityarticle 36 family codemarriage nullitymolina guidelinesphilippine family law

Psychological Incapacity and Marriage Nullity: Why Medically Rooted Afflictions Must Be Proven

In Republic v. Pangasinan, the Supreme Court rejected a marriage nullity plea for failure to prove a medically rooted, incurable psychological incapacity.

Aug 10, 2016criminal-law

THE Testimony OF A Child Witness IN Rape With Homicide Cases Assessing Credibility AND Impact

Aug 10, 2016unlawful detainertorrens titlepossessionejectmentcivil lawrule 70

Torrens Title vs Actual Possession: Ownership Rights in Unlawful Detainer Cases

Philippine Supreme Court ruling on how Torrens title and actual possession affect unlawful detainer cases, explained in plain language.

Aug 10, 2016ejectmentunlawful detainerpossessiontoleranceproperty lawrule 70

Ejectment Cases: Proving Tolerance and the Limits of Possession Claims

Philippine Supreme Court ruling on unlawful detainer, tolerance, and why ownership claims don't decide who keeps physical possession.

Aug 9, 2016legal ethicscode of professional responsibilitydisbarmentlawyer disciplineclient fundsbribery

Lawyer Disbarred for Misusing Client Funds and Soliciting Bribe

Supreme Court disciplines lawyer for absconding with client money and offering to bribe a judge, reaffirming ethical duties.

Aug 9, 2016legal ethicsadministrative lawcode of professional responsibilitylawyer disciplineclient funds

Attorney Negligence and Misconduct: Upholding Ethical Standards in Legal Practice

A lawyer who absconds with client funds and solicits money to bribe a judge faces suspension, reaffirming strict ethical standards for the Philippine bar.

Aug 9, 2016legal ethicscode of professional responsibilitydisbarmentattorney-client relationshipadministrative law

Upholding Legal Ethics: Attorney's Duty to Client and the Integrity of the Profession

A lawyer who misappropriates client funds and solicits money to bribe a judge faces suspension, reaffirming core ethical duties.

Aug 8, 2016legal-ethics

Breach OF Trust Attorneys Duty TO Account FOR Client Funds AND Ethical Conduct