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显示第 18049–18072 篇,共 24,859 篇文章

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Dec 8, 2003graftanti-graft lawsufficiency of informationsandiganbayancriminal procedurepublic officers

Sufficiency of Information: The Critical Element of Manifest Partiality, Bad Faith, or Gross Negligence in Gra

Learn how the Supreme Court ruled that an information under Section 3(e) of RA 3019 must allege manifest partiality, bad faith, or gross negligence.

Dec 5, 2003friar landsproperty lawreconstituted titledue processland disputestorrens system

Friar Lands Ownership and Due Process in Land Disputes: Alonso v. Cebu Country Club

The Supreme Court rules on friar lands ownership, due process, and reconstituted titles in a decades-long dispute over Cebu property.

Dec 5, 2003administrative lawclerks of courtgross misconductdishonestypublic fundsjudiciary

Breach of Public Trust: Dismissal for Misappropriation of Court Funds

Supreme Court dismisses two clerks of court for misappropriating judiciary funds, affirming that public trust breach warrants the ultimate penalty.

Dec 4, 2003kidnappingserious illegal detentionrevised penal codecriminal lawsupreme courtphilippines

Kidnapping Conviction Stands Even If Victim's Body Is Never Found

Philippine Supreme Court ruling: a kidnapper cannot escape liability simply because the victim's remains are never discovered.

Dec 4, 2003legal ethicsattorney disciplinecode of professional responsibilitynegligenceappeal

Attorney Sanctioned for Neglecting Client’s Appeal: Lessons in Diligence

A lawyer who failed to file an appellant’s brief was suspended for six months. Learn the ethical rules that every Philippine attorney must follow.

Dec 4, 2003mootnessproperty lawexecution of judgmentcivil procedurewrit of possessionphilippine supreme court

Mootness in Property Disputes: When Satisfied Judgments Make Court Intervention Unnecessary

When execution is completed and titles transferred, a property dispute becomes moot. Learn from Baggenstos v. Court of Appeals.

Dec 2, 2003criminal-laweyewitness-identificationdue-processcircumstantial-evidencemurderacquittal

Erroneous Identification Leads to Acquittal Safeguarding Due Process in Criminal Proceedings

The Supreme Court acquits a murder convict when a suggestive police showup and unreliable eyewitness identification violate due process.

Dec 1, 2003kidnappingillegal detentionrapecriminal procedureaggravating circumstancesupreme court

Kidnapping and Illegal Detention: Why Rape Must Be Pleaded as an Aggravating Circumstance

Philippine Supreme Court ruling on kidnapping with serious illegal detention, and why unpleaded rape cannot justify the death penalty.

Dec 1, 2003rapeintimidationconsentkidnappingcriminal-law

Rape by Intimidation: The Supreme Court's Stance on Fear and Consent

How the Supreme Court ruled that fear of death can vitiate consent in rape cases involving kidnapping and illegal detention.

Dec 1, 2003criminal-lawwarrantless-arrestsearch-incident-to-arrestdangerous-drugsconstitutional-rightsjurisprudence

Warrantless Arrests and Searches Incident Thereto: Balancing Rights and Law Enforcement in Philippine Law

The Supreme Court explains when warrantless arrests and incidental searches are valid under Philippine law, using a marijuana transport case.

Dec 1, 2003judicial accountabilitygross ignorancejudgesphilippine lawlegal ethicssupreme court

Judicial Accountability Penalizing Judges for Gross Ignorance of the Law

A look at how Philippine courts hold judges accountable for gross ignorance of the law, with key principles and practical implications.

Dec 1, 2003labor-law

Breach OF Trust AN Employers Right TO Terminate FOR Misrepresentation

Dec 1, 2003contract-lawlocal-government-codedonationgsistarlaccivil-code

Absence of Prior Appraisal Does Not Void Onerous Donation by Local Government

Supreme Court rules that a local government's onerous donation without prior appraisal is valid, applying contract law over procedural requirements.

Nov 28, 2003election lawcomelecdue processelection protestcanvass

Due Process in Election Canvass: The Right to Notice and Fair Hearing

How the Supreme Court upheld COMELEC's power to correct manifest election errors while respecting due process rights.

Nov 28, 2003election lawcomlecmanifest errorscanvassphilippine supreme court

Correcting Manifest Errors in Election Canvass: Dela Llana v. COMELEC

A clerical error in a statement of votes cost a candidate 37 votes. The Supreme Court ruled that COMELEC may correct manifest errors to reflect the true will of the electorate.

Nov 28, 2003criminal lawmurderconspiracytreacheryphilippine supreme court

Conspiracy and Treachery: How the Supreme Court Weighed Guilt in the Murder of Juliano Mampo

In People v. Berdin, the Supreme Court explains how conspiracy and treachery are proved in a killing, and why the penalty was reduced from death to reclusion perpetua.

Nov 28, 2003criminal-lawconspiracyrobbery-with-homicideburden-of-proofself-defensesupreme-court

When Self Defense Claims Fall Short: The Burden of Proof in Homicide Cases

The Supreme Court clarifies that conspiracy in robbery with homicide requires proof beyond reasonable doubt, but concerted acts establish liability.

Nov 28, 2003criminal lawself-defensetreacheryconspiracymurderrevised penal code

When Self-Defense Fails: Treachery and Conspiracy in Philippine Murder Cases

A Supreme Court ruling explains when self-defense fails, how conspiracy is proven, and why treachery qualifies murder under Philippine law.

Nov 27, 2003rapeattempted rapestatutory rapecriminal lawevidencerevised penal code

When Rape Conviction Stands But Attempted Rape Fails: Lessons from People v. Pancho

The Supreme Court clarifies when a stepfather's acts constitute rape versus attempted rape, and the evidentiary rules that govern each.

Nov 27, 2003civil proceduredocket feesjurisdictioncertiorarisupreme court

Staggered Payment of Docket Fees: Balancing Access to Justice and Procedural Rules

The Supreme Court clarifies when trial courts may allow staggered payment of docket fees and why such discretion deserves respect on appeal.

Nov 27, 2003rapecriminal lawforce and intimidationmental disabilityrevised penal code

Rape Conviction Stands: Force and Intimidation Trump Claims of Consent in Sweetheart Defense

SC affirms rape conviction of man who attacked a mentally disabled woman, ruling force and intimidation override any alleged romantic relationship.

Nov 27, 2003criminal-lawrapeevidencevoice-recognitionsupreme-courtacts-of-lasciviousness

Voice Recognition as Evidence Identifying the Accused in Rape Cases

Philippine Supreme Court ruling on voice recognition evidence in rape cases, admissibility standards, and the importance of credible victim testimony.

Nov 27, 2003criminal lawjuvenile justicemitigating circumstancesmurderphilippine jurisprudence

Mitigating Circumstances and Juvenile Justice in Philippine Murder Cases

How the Supreme Court balanced mercy and accountability for a minor convicted of murder, crediting minority and a guilty plea to reduce the penalty.

Nov 27, 2003rapecriminal lawcredibility of witnessesmedical evidencerevised penal codesupreme court

Credibility of Testimony Can Overcome Medical Findings in Philippine Rape Cases

Philippine Supreme Court ruling explains why a rape conviction can rest on credible victim testimony even when medical findings show no hymenal laceration.