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显示第 13201–13224 篇,共 24,774 篇文章

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Mar 28, 2008criminal lawlibelrevised penal codepublisher liabilityfreedom of presssupreme court

Publisher's Knowledge Not Required for Libel Conviction Under Philippine Law

Philippine Supreme Court rules a publisher can be convicted of libel even without knowledge of the libelous article, citing Article 360 of the Revised Penal Code.

Mar 28, 2008civil-procedurecause-of-actionmotion-to-dismisspreliminary-hearinglibelrules-of-court

When a Complaint Fails to State a Cause of Action: The Preliminary Hearing Remedy

Learn when a motion to dismiss for failure to state a cause of action should be heard before trial, based on a 2008 Supreme Court ruling.

Mar 28, 2008arsoncriminal lawrevised penal codepresidential decree 1613supreme courtcriminal procedure

Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty

Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.

Mar 28, 2008land registrationproperty lawimperfect titlepublic landpossessiontorrens system

Land Registration Imperfect Title Requires Possession Since June 12 1945

Supreme Court clarifies that 30 years of possession is not enough; possession must trace back to June 12, 1945 for land registration.

Mar 28, 2008administrative lawclerk of courtcommitment orderjudicial functionsimple misconductsupreme court

Clerk of Court Reprimanded for Issuing Commitment Order Without Judicial Authority

A clerk of court who issued a commitment order overstepped her authority. The Supreme Court ruled this is simple misconduct warranting a fine.

Mar 28, 2008marriage licensevoid marriagecivil code article 76cohabitationfamily law

Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements

Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.

Mar 28, 2008anti-graft lawclerks of courtmisconductadministrative casescriminal procedurepublic officers

Sheriffs and Clerks of Court: When Overstepping Duties Becomes Misconduct Under Anti-Graft Law

A clerk of court issued a commitment order—a judicial act. The Court ruled this was simple misconduct, not graft.

Mar 28, 2008civil-procedurelease-renewalsubstantial-justicerules-of-courtspecific-performance

Substantial Justice Prevails When Courts Relax Procedural Rules To Correct Errors AND Ensure Fairness

The Supreme Court explains when procedural rules yield to substantial justice, and when a lease renewal option requires full agreement.

Mar 28, 2008libelfreedom of speechfreedom of the presscause of actioncivil procedurephilippine daily inquirer

Safeguarding Free Speech: The Imperative of Stating a Cause of Action in Libel Cases

Philippine Daily Inquirer v. Alameda clarifies that libel complaints must allege specific facts, protecting press freedom from vague claims.

Mar 28, 2008reconstitution of titletorrens systemland registrationrepublic act 26evidence rulesproperty law

Reconstitution of Lost Titles: Evidence Standards and Safeguarding the Torrens System

Explains Republic v. Verzosa on judicial reconstitution of lost titles, evidence rules, and balancing diligence with the Torrens system's integrity.

Mar 28, 2008criminal-lawself-defensemurderevidenceintentsupreme-court

Self Defense Claim Fails Why Intent AND Evidence Matter IN Murder Cases

Learn why the Supreme Court rejected a self-defense claim in a murder case, emphasizing intent and evidence.

Mar 28, 2008criminal-law

Malversation AND Command Responsibility Holding Officers Accountable FOR Public Property

Mar 28, 2008administrative lawcivil servicemisconductclerks of courtsupreme court

Striking a Balance When Employee Misconduct Doesnt Warrant Dismissal

Philippine Supreme Court ruling on when a court employee's overstepping of duties constitutes simple misconduct, not grounds for dismissal.

Mar 27, 2008lis pendensproperty lawfinal judgmentcancellation of noticereal estate

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Mar 27, 2008criminal-lawrapequalified-rapechild-protectiondamagesreclusion-perpetua

Protecting Child Rape Victims: Damages and Penalties Under RA 9346

A look at how the Supreme Court affirmed a qualified rape conviction and clarified civil damages for child victims of sexual abuse.

Mar 27, 2008compromise-agreementcontract-lawres-judicatasupreme-courtphilippine-lawcivil-procedure

Compromise Agreements Prevail Over Final Judgments in Philippine Disputes

Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.

Mar 27, 2008treacherymurderrevised-penal-codecriminal-lawsupreme-courtphilippines

Treachery Defined: How Sudden Attacks Are Punished Under Philippine Law

The Supreme Court explains treachery in murder cases, showing how sudden attacks on unsuspecting victims qualify for the highest penalties.

Mar 26, 2008trademark lawintellectual propertylicense revocationunauthorized usesamson v luminlun

Trademark License Revocation: When Unauthorized Use Justifies Termination

Philippine Supreme Court ruling on when a trademark owner may validly revoke a license for unauthorized use beyond the agreed scope.

Mar 26, 2008criminal-lawcomplex-crimesmurderfrustrated-murderattempted-murderexplosives

Explosives Intent and Complex Crimes: Murder, Frustrated Murder, and Attempted Murder in the Philippines

A single explosive act can yield one complex crime—murder, frustrated murder, and attempted murder—under Philippine law.

Mar 26, 2008civil-lawproperty-disputesdue-processdemolitionjudgment-bindingterceria

Judgment Bindings Protecting Rights OF NON Parties IN Property Disputes

The Supreme Court ruled that demolition orders cannot bind non-parties who never had their day in court, protecting their property rights.

Mar 26, 2008civil-procedurejurisdictionsummonsvoluntary-appearanceservice-of-judgmentsforeign-judgment

Voluntary Appearance and Jurisdiction Over Non-Residents: Lessons from Belen v. Chavez

How a lawyer's appearance can bind non-resident defendants to Philippine court jurisdiction, and why service of decisions must follow strict rules.

Mar 26, 2008conspiracyestafafalsificationreasonable doubtcriminal lawrevised penal code

Conspiracy and Illegal Detention: When Mere Presence in a Fraud Scheme Is Not Enough

The Supreme Court acquits a broker of estafa thru falsification, ruling that mere presence and participation in transactions do not prove conspiracy beyond reasonable doubt.

Mar 24, 2008co-ownershiplegal redemptioncivil codeproperty lawquieting of title

Co-Ownership Rights: Limits on Selling and Legal Redemption of Shares

A co-owner can sell only their own share, not the whole property. Learn the limits of sale and legal redemption rights under Philippine law.

Mar 24, 2008administrative-law

Sheriffs Duty THE Imperative OF Timely Execution AND Reporting IN Civil Cases