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显示第 17545–17568 篇,共 24,858 篇文章

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May 27, 2004self-defenseunlawful aggressionhomicidefirearm confiscationcriminal lawra 8294

Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.

May 27, 2004election lawcomelecconstitutional lawen banc votingquorum

Majority of All Members: How Comelec En Banc Votes Are Counted Under the Constitution

The Supreme Court abandoned its earlier ruling in Cua and held that the Comelec en banc must decide by a majority vote of all its members, not just those who deliberated.

May 27, 2004criminal-lawrapedeath-penaltymental-disabilityrevised-penal-codesupreme-court

Rape and Mental Disability: Understanding the Limits of the Death Penalty in Philippine Law

A father's rape conviction was reduced from death to reclusion perpetua because the prosecution failed to prove his knowledge of the victim's mental disability.

May 27, 2004robbery-with-homicidecriminal-lawconspiracyeyewitness-identificationrevised-penal-codesupreme-court

Robbery With Homicide: When Flawed Identification Leads to Acquittal

Explaining the Supreme Court's ruling in People v. Pineda on conspiracy, robbery with homicide liability, and the dangers of suggestive police identification.

May 27, 2004legal ethicscontempt of courtjudicial conductabuse of authoritycode of judicial conductsupreme court

When a Judge Oversteps the Limits of Authority After Inhibition or Demise

A judge's contempt power must be exercised judiciously. Learn from a case where a judge abused it and was dismissed.

May 27, 2004criminal-lawreasonable-doubtcircumstantial-evidencerobberysupreme-court

Reasonable Doubt Acquittal Based on Circumstantial Evidence in Robbery Cases

The Supreme Court clarifies when circumstantial evidence suffices for conviction and when reasonable doubt requires acquittal in robbery cases.

May 27, 2004grave misconductadministrative casejudiciarybail bondscourt personnelpublic trust

Grave Misconduct in the Judiciary: When a Clerk's Acts Betray Public Trust

A court clerk's unexplained possession of pre-signed bail bonds and removal of court records leads to dismissal for grave misconduct.

May 27, 2004administrative-lawgrave-misconductcourt-personnelbail-bondsjudicial-integritygovernment-service

Dismissal for Grave Misconduct: Court Clerk's Unauthorized Handling of Court Documents

Court personnel must uphold integrity. A clerk's unauthorized removal of court records and possession of pre-signed bail bonds led to dismissal for grave misconduct.

May 27, 2004self-defenseunlawful aggressioncriminal lawjustificationrevised penal code

Self-Defense in Philippine Law: Proving Unlawful Aggression for Justification

Learn what Philippine courts require to prove unlawful aggression in self-defense, and why mere threats or insults do not justify killing.

May 27, 2004criminal-lawrapestatutory-raperevised-penal-codesupreme-courtphilippines

Threat of Force Nullifies Consent: Rape Conviction Affirmed Despite Lack of Physical Resistance

Philippine Supreme Court affirms rape conviction, ruling threats of death negate consent and proving force is unnecessary in statutory rape.

May 27, 2004criminal-lawprobable-causedue-processcontempt-of-courtjudicial-conductarrest

Probable Cause and Due Process: When a Judge’s Contempt Power Becomes Grave Abuse

A Supreme Court ruling on a judge’s arrest of a traffic enforcer clarifies the limits of contempt power and due process.

May 27, 2004civil-procedureappealsdocket-feesrule-41philippine-courtslitigation

Perfecting Appeals: Why Timely Docket Fees Matter in Philippine Courts

Philippine courts require timely payment of appellate docket fees to perfect an appeal. Learn the rules and practical lessons from Navarro v. Metrobank.

May 27, 2004constitutional-law

Local Autonomy Under Siege Safeguarding THE Lgus Share IN National Taxes

May 27, 2004pagcorfranchisedelegationmootnessconstitutional-lawadministrative-law

PAGCOR Franchise Limits, Delegation, and Mootness in Constitutional Challenges

The Supreme Court clarifies PAGCOR cannot delegate its franchise, and explains when constitutional challenges become moot.

May 27, 2004criminal-lawself-defenseeyewitness-testimonytreacherymurderevidence

Eyewitness Identification and Self-Defense: Lessons from People v. Delmindo

A murder conviction hinging on eyewitness credibility, self-defense claims, and treachery—key lessons from People v. Delmindo.

May 27, 2004unlawful searchsearch warrantright against unreasonable searchphilippine lawcriminal procedurebill of rights

The Sanctity of the Home Safeguarding Against Unlawful Searches and Seizures

Philippine law protects homes from unlawful searches and seizures. Learn the rules, exceptions, and remedies for violations.

May 27, 2004civil-procedurepre-trialdismissalrules-of-courtphilippine-law

The Imperative of Presence Dismissal for Absent Parties in Philippine Pre-Trial Proceedings

Learn how Philippine courts handle absent parties in pre-trial and when dismissal is proper under the Rules of Court.

May 27, 2004property lawfraudconsentvoid contractsreal estatesupreme court

Protecting the Vulnerable: Upholding Consent and Preventing Fraud in Property Sales

Philippine Supreme Court ruling on void property sales, fraud, and the importance of genuine consent in real estate transactions.

May 27, 2004leaselessorpeaceful enjoymentrent suspensioncivil codecontract law

Lessor's Duty to Maintain Peaceful Enjoyment in Lease Agreements

Philippine Supreme Court explains when a lessee may suspend rent and what "peaceful enjoyment" means in lease contracts.

May 27, 2004criminal-law

Kidnapping FOR Ransom Affirming THE Importance OF Child Witness Testimony AND Conspiracy IN Criminal LAW

May 27, 2004civil-law

Upholding Integrity Consequences FOR Notarizing Documents Without Personal Appearance

May 27, 2004civil-service-lawdiscourtesycourt-personneladministrative-casesupreme-courtworkplace-conduct

When Workplace Conduct Disrupts Justice: Defining the Boundaries of Discourtesy in Philippine Courts

Philippine Supreme Court clarifies when loud office chatter becomes administrative discourtesy, and why judges cannot suspend court staff without proper authority.

May 27, 2004statutory rapecriminal procedurequalifying circumstancesinformationdeath penaltyrules of court

Statutory Rape Conviction and the Strict Reading of Qualifying Circumstances in Informations

Philippine Supreme Court clarifies that qualifying circumstances like step-parentage must be precisely alleged in the information to justify the death penalty.

May 27, 2004contemptjudicial conductadministrative lawsupreme courtphilippine jurisprudence

When Personal Grievances Cloud Impartiality: The Limits of Contempt Power and Judicial Overreach

A Philippine Supreme Court ruling clarifies when courts may cite for contempt and why personal hostility cannot justify the arbitrary use of judicial power.