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显示第 8449–8472 篇,共 24,712 篇文章

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Sep 18, 2013criminal lawrapecircumstantial evidencewitness testimonysweetheart defensesupreme court

The Weight of Witness Testimony: Conviction on Circumstantial Evidence in Rape Cases

How Philippine courts weigh witness credibility and circumstantial evidence in rape convictions, explained through a 2013 Supreme Court ruling.

Sep 18, 2013criminal-lawrapeforcible-abductionsweetheart-defensesupreme-courtphilippines

When Rape Absorbs Forcible Abduction: A Philippine Supreme Court Ruling

The Supreme Court explains when forcible abduction is absorbed by rape, and why the sweetheart defense failed in this case.

Sep 18, 2013criminal-lawrapecredibilityrecantationdelay-in-reportingrevised-penal-code

Credibility of Rape Victim Testimony Overcoming Recantations and Delay in Reporting

Philippine Supreme Court ruling on why a rape victim's credible testimony prevails despite delayed reporting and claims of consent.

Sep 16, 2013securities regulation codeprimary jurisdictionregional trial courtcivil proceduresecjurisdiction

When Can RTCs Directly Hear Securities Violations? The Pua v. Citibank Rule

The Supreme Court clarifies that civil suits under the Securities Regulation Code belong to RTCs, not the SEC.

Sep 16, 2013corporate lawcivil proceduresecretary's certificatepre-trialsupreme court

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Sep 11, 2013eminent domainjust compensationconsequential damagesexpropriationproperty lawrule 67

Consequential Damages in Partial Expropriation: What Property Owners Should Know

Learn when Philippine courts award consequential damages for buildings not actually taken in partial expropriation, citing Republic v. BPI.

Sep 11, 2013administrative lawjudicial ethicsgross inefficiencygross ignorance of the lawsupreme courtjudges

Judicial Efficiency and Accountability: The Consequences of Undue Delay and Neglect of Duty by Judges

A Supreme Court ruling on a judge fined P40,000 for gross inefficiency and gross ignorance of the law underscores judicial accountability.

Sep 11, 2013criminal-lawhomicideeyewitness-credibilityrules-of-courtevidence

Eyewitness Credibility: When Testimonial Inconsistencies Do Not Destroy a Homicide Conviction

The Supreme Court explains why minor inconsistencies in eyewitness testimony do not automatically destroy credibility in homicide cases.

Sep 11, 2013sandiganbayanjurisdictionill-gotten wealthanti-graftprescriptionmarcos

Sandiganbayan Jurisdiction Over Private Individuals in Marcos Ill-Gotten Wealth Cases

The Supreme Court rules the Sandiganbayan has jurisdiction over private individuals in cases involving recovery of Marcos ill-gotten wealth.

Sep 11, 2013sheriffswrit of executionadministrative liabilityneglect of dutyrules of courtexecution of judgments

Sheriff's Duty to Execute Writs Promptly and File Periodic Reports

Supreme Court holds sheriff liable for simple neglect of duty for failing to file periodic reports on writs of execution and for disregarding expense rules.

Sep 11, 2013tax refundjudgment clarificationnunc pro tunccourt of tax appealsexcise taxfinal judgment

Clarifying Final Judgments Ensuring TAX Refunds Reflect Court Intent

Learn how the Supreme Court clarified a final judgment's dispositive portion to include all tax refund cases, ensuring the court's true intent prevails.

Sep 11, 2013criminal-lawprobable-causeself-defenseextralegal-killingmurderrevised-penal-code

Self-Defense vs. Extralegal Killing: Probable Cause in Murder Cases

When police claim self-defense after a killing, what must prosecutors weigh? The Supreme Court clarifies probable cause in Aguilar v. DOJ.

Sep 11, 2013conflict of interestlegal ethicscode of professional responsibilitylawyer disciplineestate settlement

Upholding Client Loyalty Attorney Suspended FOR Conflict OF Interest IN Estate Case

A lawyer's switch from representing heirs to opposing the same heirs in one estate case leads to a three-month suspension for conflict of interest.

Sep 11, 2013nuisance lawtelecommunicationsproperty lawadministrative remediescell towerpublic safety

When Towers Topple: Balancing Public Safety and Telecommunications Expansion in Nuisance Law

The Supreme Court clarifies when a cell tower becomes a nuisance and why courts must respect administrative remedies in telecom disputes.

Sep 11, 2013novationcivil procedurereal party in interestverificationforum shoppinginterest rates

Novation, Verification, and Real Party in Interest: Lessons from S.C. Megaworld v. Parada

Explaining when accepting third-party payments does not release the original debtor, and why procedural objections must be raised early.

Sep 10, 2013labor-lawsalary-standardizationwater-districtcommission-on-auditgovernment-compensationsupreme-court

Salary Standardization vs Water District Autonomy: Reconciling Compensation Policies

The Supreme Court clarifies that water district general managers' salaries fall under the Salary Standardization Law, not PD 198.

Sep 9, 2013labor-lawattorney's-feescompromise-agreementfinality-of-judgmentnlrcsupreme-court

Finality of Labor Awards and Attorney's Fees in Compromise Settlements

When a client settles a labor case behind counsel's back to avoid attorney's fees, the Supreme Court protects the lawyer's right to compensation.

Sep 9, 2013civil procedureappellate reviewappelleecross-appealimproper venuesupreme court

When Can an Appellee Raise New Issues on Appeal? The Villa Corazon Rule

Philippine Supreme Court clarifies the scope of appellate review and when an appellee may raise new issues without filing a cross-appeal.

Sep 9, 2013civil procedureappealappelleeimproper venueforum shoppingrules of court

Appellees Cannot Raise New Issues on Appeal: Cruz v. MIAA Explained

The Supreme Court clarifies that an appellee who did not appeal cannot raise new errors, limiting appellate review to the appellant's assigned errors.

Sep 9, 2013civil procedureappealappelleeimproper venueforum shopping

The Limits of an Appellee’s Role: When Courts Cannot Raise New Issues on Appeal

Philippine Supreme Court clarifies that appellees cannot raise new issues on appeal without filing their own appeal, reversing the Court of Appeals.

Sep 9, 2013contract-lawsimulated-contractsproperty-salestrust-agreementsbanking-lawsupreme-court

Simulated Contracts Ownership Rights and Intent in Property Sales

Philippine Supreme Court ruling on simulated property sales, trust agreements, and ownership rights when intent is to circumvent banking laws.

Sep 9, 2013civil-law

Upholding Attorneys Right TO Fees Client Compromises AND Legal Ethics

Sep 4, 2013legal ethicsattorney disciplinecode of professional responsibilitynegligenceclient communication

Attorney Suspended for Incompetence and Lack of Communication with Client

Supreme Court suspends lawyer for six months for filing cases in wrong courts and failing to update client on case status.

Sep 4, 2013criminal-lawestafapresumption-of-innocencereasonable-doubtidentity-of-accusednegotiable-instruments-law

Presumption of Innocence: Why Identity Must Be Proven Beyond Reasonable Doubt in Estafa Cases

The Supreme Court acquits an estafa accused because the prosecution failed to prove his identity as the offender beyond reasonable doubt.