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显示第 11737–11760 篇,共 24,771 篇文章

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Jul 23, 2009criminal-lawdrug-offenseschain-of-custodyentrapmentreasonable-doubtjurisprudence

Entrapment vs Instigation: Chain of Custody in Drug Offenses

The Supreme Court acquits a drug suspect due to a broken chain of custody, explaining the rules on entrapment and evidence integrity.

Jul 22, 2009forum shoppingejectmentforcible entryunlawful detainercivil procedurepossession

Forum Shopping in Ejectment Cases: Lessons from Dy v. Mandy Commodities

Filing two ejectment suits over the same property amounts to forum shopping, a practice the Supreme Court penalizes with twin dismissal.

Jul 22, 2009civil-proceduredefault-orderlaw-of-the-caserules-of-courtbanc-de-oro

Default Orders and the Law of the Case: When Prior Rulings Bind Subsequent Appeals

The Supreme Court explains how the doctrine of law of the case bars relitigating a default order previously upheld with finality.

Jul 22, 2009civil-law

Navigating Property Disputes When CAN Metropolitan Trial Courts Decide Ownership

Jul 22, 2009election-lawcomelecboard-of-canvassersproclamationmanifest-errorsstatement-of-votes

Rectifying Election Errors: COMELEC's Authority to Ensure Accurate Representation of Voters' Intent

When election documents are compromised, COMELEC can correct manifest errors even after proclamation. The Supreme Court explains why.

Jul 22, 2009criminal-lawmurderkidnappingrevised-penal-codesupreme-courtreclusion-perpetua

Reclassifying Criminal Liability Murder Conviction Upheld Despite Initial Kidnapping Charge

Supreme Court clarifies when taking a victim is incidental to killing—reclassifying kidnapping with murder to plain murder in People v. Estacio.

Jul 22, 2009conspiracyrobbery-with-homicidecriminal-lawrevised-penal-codephilippine-supreme-court

Accountability FOR ALL Establishing Conspiracy IN Robbery With Homicide

A conviction for robbery with homicide does not require each conspirator to wield the weapon. Presence and common purpose suffice.

Jul 22, 2009forum shoppingcivil procedureejectmentproperty disputesrules of courtlitigation strategy

The Perils of Duplication: Forum Shopping and the Dismissal of Redundant Lawsuits in Property Disputes

When a party files multiple suits over the same property and issue, Philippine courts may dismiss all of them as forum shopping. Learn the rules.

Jul 22, 2009easementcivil lawproperty lawphilippine supreme courtreal propertycondominium

Easement Rights in Property Use Disputes: The Legaspi Towers 300 Case

Supreme Court clarifies when easements arise in property disputes, explaining voluntary easements, apparent signs, and unjust enrichment under Philippine law.

Jul 21, 2009election lawhretelectoral protestgrave abuse of discretionballot revisiondue process

HRET Discretion vs Due Process: Protecting the Electorate's Will

When can the House Electoral Tribunal compel a candidate to continue a counter-protest? The Supreme Court explains the limits of judicial review.

Jul 21, 2009hierarchy of courtscertiorarirule 65supreme courtcourt of appealsphilippine law

Hierarchy of Courts: When Direct Resort to the Supreme Court Is Not Allowed

The Supreme Court explains the hierarchy of courts rule and why direct petitions for certiorari must first go to the Court of Appeals.

Jul 20, 2009falsificationrevised penal codepublic documentsnotarizationsandiganbayancriminal law

Falsification of Public Documents: When Notarizing False Affidavits Becomes a Crime

A mayor's conviction for notarizing false affidavits of ownership and joint affidavits shows how public officials can be liable for falsification under Article 171 of the Revised Penal Code.

Jul 20, 2009criminal lawfalsificationpublic documentsrevised penal codesandiganbayannotarization

Inducement vs Direct Participation: Defining Falsification of Public Documents in Philippine Law

The Supreme Court clarifies that a mayor who notarizes false affidavits can be convicted of falsification even without direct proof of authorship.

Jul 20, 2009falsificationpublic documentscriminal lawofficial misconductsandiganbayanrevised penal code

Official Misconduct Falsifying Documents Despite Lack of Direct Gain

A mayor's conviction for falsifying public documents stands even without direct personal gain, as the crime protects public faith.

Jul 17, 2009easementsright of waycivil lawproperty lawtorrens system

Voluntary Easements: Enforceability and Extinguishment of Right of Way Agreements

When can a voluntary right of way be cancelled? The Supreme Court explains why adequate access does not extinguish an agreed easement.

Jul 17, 2009property-lawwrit-of-possessionextrajudicial-foreclosureact-no-3135foreclosurereal-estate-mortgage

Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal

Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.

Jul 17, 2009civil liabilityacquittalreckless imprudencepreponderance of evidencecriminal procedurenegligence

Civil Liability Survives Acquittal: Negligence by Preponderance of Evidence

Philippine Supreme Court ruling: an acquittal in a criminal case does not automatically erase civil liability if negligence is proven by preponderance of evidence.

Jul 17, 2009easementscivil-coderight-of-wayproperty-lawtorrens-systemsupreme-court

Voluntary Easements Survive: Why Adequate Access Does Not Cancel a Granted Right of Way

A voluntary right of way cannot be cancelled just because the dominant estate gains another outlet. Learn the rule from a 2009 Supreme Court case.

Jul 17, 2009criminal-law

Rape Conviction Overturned THE Importance OF Timely Reporting AND Credible Testimony IN Rape Cases

Jul 17, 2009criminal-lawchain-of-custodydrug-offensesra-9165evidenceacquittal

Chain of Custody Imperative Safeguarding Drug Evidence for Conviction

Philippine Supreme Court acquits drug suspect when prosecution fails to prove unbroken chain of custody of seized shabu.

Jul 17, 2009corporate lawboard resolutioncorporation codeby-lawsloanscorporate officers

When Is a Board Resolution Required for a Corporate Loan? Key Rules

Philippine Supreme Court clarifies when corporate by-laws can authorize a president to borrow money without a board resolution.

Jul 16, 2009habeas corpusunlawful restraintrules of courtcriminal proceduresupreme court ruling

Habeas Corpus and Valid Court Judgments: When the Writ Is Denied in the Philippines

Philippine Supreme Court clarifies when habeas corpus petitions are denied despite procedural leniency, emphasizing valid judgments and pending cases.

Jul 15, 2009real property taxlocal government codenational power corporationtax exemptionbot agreementgovernment-owned corporation

Who Pays Real Property Tax When a Government Corporation Assumes a Private Firm's Tax Liability?

The Supreme Court rules on whether NPC can claim tax exemptions for a power plant it does not own or use under a BOT agreement.

Jul 15, 2009labor-lawservice-of-noticesregistry-return-cardnlrcappeal-periodsupreme-court

Duty to Update Valid Service Despite Address Change IN Labor Disputes

Learn how the Supreme Court ruled on the duty to update service addresses in labor disputes, and why a postmaster's certification cannot override a registry return card.