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显示第 1273–1296 篇,共 24,625 篇文章

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Mar 23, 2022homiciderevised penal codeeyewitness testimonycriminal procedureindeterminate sentence

When a Stabbing Is Homicide, Not Murder: Lessons from Gumawid v. People

The Supreme Court affirms a homicide conviction, explaining how courts weigh eyewitness testimony, denial, and penalty computation under the Revised Penal Code.

Mar 23, 2022criminal-lawhomicideeyewitness-testimonyevidencerevised-penal-codesupreme-court

The Weight of Eyewitness Testimony in Resolving Conflicts in Homicide Cases

How Philippine courts weigh eyewitness testimony against denial in homicide cases, explained through a recent Supreme Court ruling.

Mar 23, 2022mandamusenergy regulatory commissionepirawesmadministrative lawindependent market operator

ERC's Duty to Act: Mandamus and the Independent Market Operator

The Supreme Court compels the ERC to act on IEMOP's market fees application, affirming the IMO transition under EPIRA.

Mar 23, 2022child-rapecriminal-lawrape-convictionvictim-testimonysupreme-courtrevised-penal-code

Protecting Minors: Upholding Conviction in Child Rape Cases Despite Minor Inconsistencies

The Supreme Court affirms a child rape conviction, ruling that minor inconsistencies in a minor victim's testimony do not undermine credibility.

Mar 23, 2022promissory notematerial alterationappealnegotiable instruments lawcivil procedure

Promissory Note Alterations Raised for First Time on Appeal Not Considered

Supreme Court rules that a defense of material alteration of a promissory note cannot be raised for the first time on appeal.

Mar 23, 2022speedy dispositionombudsmanpreliminary investigationgraftra 3019cagang doctrine

When Delay Becomes Inordinate: Ombudsman's Slow Probe Nullifies Graft Indictment

The Supreme Court nullified a graft indictment against Southern Leyte officials, ruling the Ombudsman's 1,370-day preliminary investigation violated their right to speedy disposition.

Mar 23, 2022real property taxbeneficial uselocal government codetax exemptiongovernment property

Beneficial Use Doctrine: Who Pays Real Property Tax on Government-Owned Land

When government property is leased to a private entity, the beneficial use doctrine makes the lessee liable for real property tax. Learn the rule.

Mar 22, 2022hierarchy of courtsindigenous peoples rightsncipcertiorarilegal standingancestral domain

Hierarchy of Courts and Indigenous Peoples Rights: Anita Santos v. Gabaen

Supreme Court dismisses Anita Santos' petition against NCIP orders, affirming the doctrine of hierarchy of courts and limiting standing in IP rights disputes.

Mar 21, 2022writ of kalikasanmining lawenvironmental lawdenrclosure orderssupreme court

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Mar 21, 2022local governmentbuilding officialcity engineernational building codeadministrative law

Separation of Powers: Defining the Roles of City Engineers and Building Officials in Local Governance

The Supreme Court clarifies that local governments may create a separate building official office distinct from the city engineer's office.

Mar 21, 2022administrative lawlocal governmentbuilding officialnational building codelocal government codeseparation of powers

Separation of Powers in Local Governance: Valid Appointment of a Building Official

Supreme Court affirms that a city may create a separate building official office under the Local Government Code and National Building Code.

Mar 21, 2022real-estate-lawforeclosuremortgageredemption-periodwrit-of-possessionact-no-3135

Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes

Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.

Mar 21, 2022vicarious liabilityquasi-delictcivil code article 2180employer liabilityres ipsa loquiturdamages

Employer Vicarious Liability: When A Driver's Negligence Makes The Employer Liable

Philippine Supreme Court clarifies employer vicarious liability under Article 2180 when a driver's negligence causes injury.

Mar 21, 2022property-lawtorrens-systemland-titlescollateral-attackagrarian-reformsupreme-court

Protecting Land Titles: Collateral Attacks on Torrens Certificates in Property Disputes

Learn how the Supreme Court protects Torrens titles from collateral attacks in property disputes, and what this means for landowners facing title challenges.

Mar 21, 2022illegal recruitmentestafara 8042revised penal codesupreme courtcriminal law

Understanding Illegal Recruitment and Estafa Convictions in Philippine Law

A look at how Philippine courts convict illegal recruiters and swindlers, and what proof is needed.

Mar 21, 2022finality of judgmentscriminal proceduredepositionmary jane velosoexecutory judgmentsupreme court

Finality of Judgments: Supreme Court's Stance on Modifying Executory Decisions in the Veloso Case

The Supreme Court reaffirms the immutability of final judgments, denying the OSG's bid to modify the Veloso deposition ruling.

Mar 21, 2022co-ownershippartitionproperty lawcivil codephilippine supreme court

Co-Ownership vs. Partition: Clarifying Property Rights in the Philippines

A co-owner may sell only his undivided share; buyers become co-owners, and the proper remedy is partition, not annulment.

Mar 21, 2022ghost employeesra 3019falsificationsandiganbayanjob order employeesgood faith

Beyond the Timesheet: Ghost Employee Acquittal Hinges on Good Faith and Actual Service

The Supreme Court acquits a former board member and five job order employees in a ghost employee case, emphasizing that actual service and good faith defeat charges of graft and falsification.

Mar 21, 2022criminal lawconspiracyrobbery with homiciderevised penal codesupreme court

Accountability in Robbery: The Reach of Conspiracy in Robbery With Homicide

When does a participant in a robbery become liable for a killing committed by a co-conspirator? The Supreme Court explains in People v. Boringot.

Mar 20, 2022conspiracygrave coercionburden of proofpresumption of innocencecriminal law

Conspiracy in Grave Coercion: Proving Guilt Beyond Reasonable Doubt

The Supreme Court acquits a mayor of grave coercion, ruling that conspiracy requires proof beyond reasonable doubt, not mere speculation.

Mar 20, 2022labor lawcollective bargaininggocceo no. 7presidential approvalcba

CBA Benefits and Presidential Approval: Balancing Labor Rights and GOCC Financial Discipline

The Supreme Court ruled that GOCC CBAs granting additional benefits are void without the President's approval under EO No. 7, s. 2010.

Mar 16, 2022anti-graftconspiracyra 3019optical media boardcriminal lawsandiganbayan

Unwarranted Benefit: Dissecting Graft and Conspiracy in Optical Media Regulation

The Supreme Court clarifies conspiracy and graft liability under RA 3019 in a case involving released pirated DVDs from OMB custody.

Mar 16, 2022civil lawdeed of salenotarized documentspresumption of regularityproperty lawsimulated contracts

Deed of Sale Validity and the Presumption of Regularity in Notarized Property Transactions

The Supreme Court reaffirms that notarized deeds of sale enjoy the presumption of regularity, which only clear and convincing evidence can overturn.

Mar 16, 2022criminal-lawanti-graftreasonable-doubthearsayconspiracysandiganbayan

Reasonable Doubt Prevails When A Threat Doesnt Meet THE Legal Threshold

The Supreme Court acquits an OMB chairman of graft when conspiracy rests on hearsay, while affirming a subordinate's conviction.