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显示第 18073–18096 篇,共 24,859 篇文章

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Nov 27, 2003statutory rapecriminal lawrevised penal coderapechildrensupreme court

Statutory Rape: Why Physical Injury Is Irrelevant for Victims Under Twelve

The Supreme Court explains why an intact hymen does not negate statutory rape of a child under twelve, and what evidence matters.

Nov 27, 2003criminal-lawrapeacts-of-lasciviousnessreasonable-doubtevidencephilippine-supreme-court

Navigating Doubt When A Rape Charge Becomes Acts of Lasciviousness

When rape evidence falters, Philippine courts may convict for acts of lasciviousness. A guide to the rules on doubt, admissions, and included offenses.

Nov 27, 2003civil-procedureagrarian-reformrules-of-courtappealsupreme-courtjurisprudence

Lenient Application of Procedural Rules Upholds Justice in Agrarian Disputes

Philippine Supreme Court rules courts may relax procedural rules to serve substantial justice, citing a 2003 agrarian case.

Nov 27, 2003administrative lawsimple misconductcourt employeescivil servicedecorumjudiciary

Court Employee Misconduct: When Drunkenness at Work Means Simple Misconduct

A court aide who showed up drunk at the Palace of Justice was fined P5,000 for simple misconduct. Learn the rules on decorum for judiciary employees.

Nov 25, 2003gross receipts taxfinal withholding taxbankspassive incometax lawbir

Gross Receipts Tax: When Withheld Interest Income Still Counts for Banks

Philippine Supreme Court ruling on whether the 20% final withholding tax on banks' passive income forms part of gross receipts for the 5% gross receipts tax.

Nov 24, 2003deportationdue processimmigration lawforeign nationalshabeas corpusphilippine immigration act

Deportation and Due Process: Ensuring Fair Treatment for Foreign Nationals

The Supreme Court clarifies deportation rules for foreign nationals, balancing immigration enforcement with due process rights under Philippine law.

Nov 24, 2003pre-trialstipulationscivil-procedurebinding-effectphilippine-law

Pre-Trial Stipulations Enforceability and Binding Effect on Parties

How stipulations made during pre-trial bind parties and the court, with rules on enforceability under Philippine procedure.

Nov 24, 2003rapecriminal lawforce and intimidationstatutory raperevised penal code

Rape and the Requisites of Force and Intimidation

Explaining when force or intimidation must be alleged and proved in rape cases, and why the victim's age matters under Philippine law.

Nov 24, 2003administrative lawsheriffsclerks of courtnegligencewrit of demolitionsupreme court

Supervisory Negligence: When Court Officials Are Liable for Delayed Writs

Philippine Supreme Court clarifies liability of sheriffs and clerks of court for unreasonable delay in implementing writs of demolition.

Nov 21, 2003criminal-law

Rape Conviction Upheld Credibility OF Victims Testimony AND THE Importance OF Immediate Reporting

Nov 21, 2003criminal-law

Eyewitness Reliability AND Circumstantial Evidence IN Philippine Murder Cases

Nov 21, 2003judicial ethicsjudicial decorumdue processadministrative casephilippine supreme courtlegal ethics

Judicial Accountability: Judges Must Respect Due Process and Avoid Abusive Language

A judge's intemperate language toward lawyers violates judicial decorum. The Supreme Court explains the limits of judicial discretion and accountability.

Nov 20, 2003civil lawsuccessionlegitimereal party in interestcontractsproperty law

When Heirs Cannot Sue to Void Parents' Property Sales Before Death

Philippine Supreme Court ruling on when compulsory heirs lack legal standing to challenge parents' sales of property during their lifetime.

Nov 20, 2003trademarkintellectual property codewell-known marksinfringementrolex

Trademark Protection for Well-Known Marks Extends to Unrelated Goods Under IP Code

The Supreme Court clarifies how Section 123.1(f) of the IP Code protects well-known marks like Rolex even against use on unrelated goods or services.

Nov 20, 2003labor-lawadministrative-casejudiciarymisconductdisciplinesupreme-court

Workplace Misconduct: Striking Subordinates and Maintaining Decorum in the Judiciary

Supreme Court ruling on a supervisor who struck a subordinate, emphasizing decorum and discipline in the judiciary.

Nov 20, 2003res judicataforum shoppingmotion to dismissproperty disputescivil procedure

Res Judicata and Forum Shopping: Understanding Grounds for Dismissal in Property Disputes

A Supreme Court ruling explains why a motion to dismiss based on res judicata and forum shopping failed, and what that means for property disputes.

Nov 19, 2003criminal-law

Rape Conviction When Relationship AND AGE ARE NOT Proven Penalty Reduced

Nov 19, 2003judicial accountabilityadministrative lawgross misconductsupreme courtjudge dismissalrule 140

Dismissal of Judge for Disobedience of Court Orders: A Lesson in Judicial Accountability

Supreme Court dismisses judge who repeatedly ignored show-cause orders, affirming that disobedience to lawful directives is grave misconduct warranting the ultimate penalty.

Nov 19, 2003criminal lawconspiracyrobbery with homiciderevised penal codesupreme courtcriminal procedure

Accountability in Armed Robbery: Redefining Liability Through Criminal Conspiracy

Philippine Supreme Court ruling on criminal conspiracy in robbery with homicide, explaining liability for all participants and penalty rules.

Nov 19, 2003labor-lawsalary-standardization-lawcommission-on-auditgovernment-employeesra-6758staple-food-incentive

Staple Food Incentive: Allowance or Financial Assistance Under the Salary Standardization Law

Supreme Court clarifies when government-issued staple food incentives count as financial assistance under R.A. 6758, and when refunds are required.

Nov 19, 2003retirement benefitslabor lawabandonmentservice yearsra 7641jurisprudence

Retirement Benefits and Abandonment: Crediting Years of Service in the Philippines

Philippine Supreme Court ruling on how abandonment of work affects crediting years of service for retirement benefits computation.

Nov 18, 2003bank negligenceforeclosuredamagesattorney's feescivil lawmortgage

Bank Negligence in Foreclosure: Damages and Attorney's Fees Reassessed

Philippine Supreme Court clarifies how courts compute actual, moral damages and attorney's fees when banks act negligently in foreclosure disputes.

Nov 18, 2003tax lawretroactivityprospectivityphilippine lawadministrative lawdue process

When Tax Regulations Apply: Retroactivity vs Prospectivity in Philippine Law

Understanding when tax regulations apply retroactively or prospectively under Philippine law, with key principles and practical guidance.

Nov 18, 2003criminal-lawrapechild-testimonycredibilitysupreme-court

Child's Testimony and Unusual Behavior: When Rape Convictions Stand on Credibility

Philippine Supreme Court explains when a child's testimony can sustain a rape conviction despite claims of unusual behavior.