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显示第 17689–17712 篇,共 24,858 篇文章

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Mar 31, 2004custodial investigationconstitutional rightsextrajudicial confessionright to counselcriminal procedure

Confession Under Duress: Safeguarding Constitutional Rights in Custodial Investigations

When a confession is extracted through violence or without proper counsel, it is inadmissible. The Supreme Court explains why.

Mar 31, 2004civil-law

Contractual Obligations AND Unjust Enrichment THE Impact OF Project Cancellation ON Brokers Fees

Mar 31, 2004criminal-lawself-defenseunlawful-aggressionrapejustificationrevised-penal-code

Self Defense Plea Fails Illegal Aggression Must BE Proven FOR Justification IN Homicide Cases

A rape conviction shows that self-defense claims require proof of unlawful aggression, not bare allegations. Learn the legal standard.

Mar 31, 2004criminal-law

Navigating Jurisdictional Waters Where A Crime Occurs Defines THE Court That Hears IT

Mar 31, 2004administrative-law

Upholding Professionalism Sheriffs Neglect OF Duty AND Impact ON Public Trust IN THE Judiciary

Mar 31, 2004attorney's feeslegal ethicsquantum meruitrule 138code of professional responsibilitysupreme court

Attorney's Fees: How Philippine Courts Determine Reasonable Compensation for Legal Services

Philippine Supreme Court explains how courts determine reasonable attorney's fees under Rule 138 and the Code of Professional Responsibility.

Mar 31, 2004legal-ethics

Judicial Accountability Ensuring Prompt Resolution AND Integrity IN Court Proceedings

Mar 30, 2004ejectmentunlawful detainerjurisdictioncivil procedureproperty lawaccion publiciana

One-Year Limit on Ejectment Suits: Why Timely Filing Matters in Property Disputes

Philippine Supreme Court explains the one-year deadline for ejectment cases and why missing it shifts jurisdiction to the RTC.

Mar 30, 2004attorney-client privilegelegal ethicscode of professional responsibilitysupreme courtconfidentiality

Preserving Client Confidences Understanding Attorney Client Privilege AND ITS Limits IN THE Philippines

When does the duty to keep client secrets begin and end? A Philippine Supreme Court ruling clarifies the limits of attorney-client privilege.

Mar 30, 2004contract-lawescalation-clausemutuality-of-contractscivil-codeconstruction-contractsupreme-court

Mutuality of Contracts: No Unilateral Price Escalation Without Clear Basis

Contractors cannot unilaterally raise prices without proof and written authority. The Supreme Court explains mutuality of contracts.

Mar 30, 2004labor-lawillegal-dismissaltwo-notice-ruledue-processterminationsecurity-guards

The Two-Notice Rule: Safeguarding Employee Rights Against Illegal Dismissal in the Philippines

Philippine law requires two written notices before dismissal. A 2004 Supreme Court ruling explains why failing to comply makes termination illegal.

Mar 30, 2004criminal-lawright-to-counselcustodial-investigationinadmissible-evidencequalified-theftunlawful-arrest

Confession Without Counsel Inadmissibility AND Protection OF Constitutional Rights IN Theft Cases

Supreme Court acquits four in qualified theft case after ruling that confessions taken without effective counsel and evidence from an unlawful arrest are inadmissible.

Mar 30, 2004estafacriminal lawbreach of trustmisappropriationpreliminary investigationrevised penal code

Estafa Through Misappropriation: When an Employee's Failure to Account Amounts to Breach of Trust

The Supreme Court clarifies when an employee's failure to account for company funds and property constitutes estafa through misappropriation, reversing dismissals by prosecutors.

Mar 30, 2004mining lawenvironmental lawpd 463quarry licensesupreme courtnatural resources

Mining License Limits: How Exceeding Area Restrictions Can Invalidate a Permit

Philippine Supreme Court ruling on how exceeding the 100-hectare limit under PD 463 invalidates a mining license.

Mar 30, 2004estafacriminal procedurepreliminary investigationgrave abuse of discretionrevised penal code

When a Flawed Complaint Can Still Lead to Estafa: The Filadams Pharma Case

A Supreme Court ruling shows when a prosecutor's dismissal of an estafa complaint is grave abuse of discretion, and what evidence matters.

Mar 30, 2004criminal-lawrape-with-homicidedeath-penaltyminoritymitigating-circumstancerevised-penal-code

Rape Conviction Affirmed: Victim's Testimony and Weapon Use Analyzed

Supreme Court affirms rape with homicide conviction, clarifies death penalty reduction rules for minor offenders.

Mar 30, 2004criminal-law

Reckoning With Death HOW Minority Affects Penalties IN Heinous Crimes

Mar 29, 2004civil-procedureappealdocket-feerules-of-courtsupreme-court

Perfecting Appeals: Timeliness of Docket Fee Payments Under Amended Rules

When must appellate docket fees be paid? The Supreme Court clarifies that procedural rules cannot retroactively impair a perfected appeal.

Mar 29, 2004administrative-law

Judicial Ethics Upholding Impartiality AND Efficiency IN Court Services

Mar 29, 2004criminal procedurerule 112prosecutor authoritymotion to quashjurisdictionsss law

Unauthorized Prosecutor Filing: When Lack of Authority Invalidates a Criminal Case

An information filed by a prosecutor without prior written approval from the city or provincial prosecutor is a jurisdictional defect that cannot be cured by the accused's plea.

Mar 29, 2004criminal-lawillegal-drugssearch-warrantpossessionreasonable-doubtbill-of-rights

Challenging Illegal Drug Possession: The Need for Valid Search Warrants and Proof of Ownership

Why a defective search warrant and weak proof of ownership led to an acquittal in a Philippine drug possession case.

Mar 25, 2004administrative lawclerk of courtneglect of dutyjudicial accountabilitycourt ordersexecution of judgment

Judicial Accountability: The Duty to Ensure Prompt Dispatch of Court Orders

A clerk of court's failure to release an order caused execution delay. The Court rules on simple neglect of duty.

Mar 25, 2004tenancyagrarian reformpreliminary injunctionland ownershipcivil lawproperty rights

Tenancy Rights vs Landowners' Prerogative: Resolving Disputes Over Agricultural Land Transfers

Philippine Supreme Court ruling on whether tenants can assign rights to agricultural land and whether landowners can be enjoined from disposing of property.

Mar 25, 2004adverse claimproperty registrationtorrens systempd 1529civil lawland title

Adverse Claims: Why the 30-Day Period Does Not Automatically Cancel the Annotation

The Supreme Court clarifies that an adverse claim does not automatically lapse after 30 days; cancellation still requires a court petition.