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显示第 18121–18144 篇,共 24,859 篇文章

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Nov 10, 2003unlawful detainerjurisdictioncontract rescissionejectmentcivil procedure

Unlawful Detainer vs. Contract Rescission: Supreme Court Clarifies Jurisdictional Limits

The Supreme Court explains when an ejectment case is improper and why contract rescission belongs to the RTC, not the MTC.

Nov 4, 2003criminal lawrapeincestmoral ascendancysupreme courtpeople v. madera

Incestuous Rape: Moral Ascendancy as Substitute for Force and Intimidation

In incestuous rape, a father's moral ascendancy over his daughter can substitute for force and intimidation, the Supreme Court ruled in People v. Madera.

Oct 28, 2003self-defensetreacherymurdercriminal lawrevised penal codephilippine supreme court

Treachery and Self-Defense: When a Claim of Defense Fails in Philippine Criminal Law

A Supreme Court ruling explains when self-defense fails and treachery qualifies a killing as murder, with practical guidance.

Oct 28, 2003election lawdue processcomelecproclamationannulmentlocal government

Due Process Prevails: Annulment of Proclamation Requires Notice and Hearing

The Supreme Court ruled that the COMELEC cannot annul a proclamation or oust elected officials without due notice and hearing, even when acting motu proprio.

Oct 28, 2003civil lawforeclosurereconveyancebad faithprescriptiongsis

GSIS Bad Faith When Foreclosure Exclusions Require Property Return

When a mortgagee forecloses more than owed, courts may order reconveyance. This case explains bad faith and prescription rules.

Oct 28, 2003criminal-law

Self Defense Claims AND Treachery Evaluating Justification IN Homicide Cases

Oct 27, 2003murderself-defensetreacheryparricidecriminal lawaggravating circumstances

Murder Conviction Upheld: Self-Defense Claim Fails in Killing of Elderly Father-in-Law

Supreme Court affirms murder conviction and death penalty for man who hacked his 85-year-old father-in-law, rejecting self-defense claim.

Oct 27, 2003criminal-lawrapeacts-of-lasciviousnessreasonable-doubtrevised-penal-codestatutory-rape

From Rape to Lewdness When Evidence Casts Doubt on the Crime Lesser Offenses Prevail

When rape evidence fails, courts may convict for acts of lasciviousness. Learn the rules from People v. Aquino.

Oct 24, 2003civil-procedureinhibitionmootnessestate-settlementfinality-of-judgmentcontempt

Finality Prevails: When a Judge's Inhibition Becomes Moot in Estate Cases

Once an estate case is finally decided, a petition to inhibit the judge becomes moot. Learn the rule from this Supreme Court ruling.

Oct 24, 2003police dismissalconduct unbecomingneglect of dutyadministrative lawpnpnapolcom

Neglect of Duty as Conduct Unbecoming: Grounds for Police Officer Dismissal

When does a police officer's neglect of duty become conduct unbecoming, justifying summary dismissal? The Supreme Court explains in Zacarias v. Napolcom.

Oct 24, 2003criminal-lawrapeincestreasonable-doubtattempted-rapecarnal-knowledge

Incestuous Rape: Consummation vs Attempt and Proving Carnal Knowledge Beyond Reasonable Doubt

The Supreme Court distinguishes consummated from attempted incestuous rape, stressing the prosecution's burden to prove carnal knowledge beyond reasonable doubt.

Oct 24, 2003maritime lawmanning agencyaffidavit of undertakingcontract interpretationseafarer rightspoea

Affidavit Ambiguity in Manning Agency Liability: A Philippine Maritime Law Lesson

Philippine Supreme Court rules on how ambiguous affidavits of undertaking by manning agents should be interpreted in maritime claims.

Oct 24, 2003labor-lawclosure-of-businessunion-bustingillegal-dismissalseparation-paylabor-code

Closure of Business: Employer's Right vs Union Busting Allegations in Labor Disputes

When can an employer close shop without being guilty of union busting? The Supreme Court explains the rules on legitimate business closure.

Oct 24, 2003family lawseparate propertymarital debtexecution of judgmentphilippine jurisprudence

Separate Property vs Marital Debt: How One Spouse Is Protected From the Other's Liabilities

A Supreme Court ruling explains when a spouse's separate property may be levied to pay a debt, and why a judgment against one spouse is not automatically a debt of both.

Oct 24, 2003property-lawcivil-procedureamendment-of-pleadingssupreme-courtrule-45

Liberal Amendment of Pleadings: Balancing Justice and Procedural Rules in Property Disputes

When can a late amended answer be admitted? The Supreme Court explains the balance between procedural rules and substantial justice in property cases.

Oct 24, 2003criminal-lawkidnappingreasonable-doubtpresumption-of-innocencerevised-penal-codesupreme-court

Reasonable Doubt Safeguarding Liberty in Kidnapping Cases

A look at People v. Obeso, where the Supreme Court acquitted a man of kidnapping, stressing that conviction requires proof beyond reasonable doubt.

Oct 24, 2003civil proceduredue processamendment of pleadingsjudicial discretionrule 45supreme court

When a Judge's Negligence Undermines Due Process: Lessons from Quirao v. Quirao

The Supreme Court reminds trial courts that procedural rules serve justice, not hinder it, in Quirao v. Quirao.

Oct 24, 2003tax exemptionspecial economic zonespresidential powerconstitutional lawbases conversionlocal autonomy

Tax Exemptions in Special Economic Zones: Limits on Presidential Power

Supreme Court rules President cannot grant tax exemptions in special economic zones—only Congress can, under the Constitution.

Oct 23, 2003forcible entryejectmentprior physical possessionproperty lawrule 70civil procedure

Forcible Entry and Prior Physical Possession: Key Lessons from Dela Rosa v. Carlos

The Supreme Court clarifies what proves prior physical possession in forcible entry cases, and why ownership issues belong in a separate action.

Oct 23, 2003bailrule 114gross ignorance of the lawadministrative casejudgescriminal procedure

When a Judge Accepts Bail at Home: Gross Ignorance of the Law in Bail Proceedings

SC ruling on a judge who accepted cash bail at his residence, highlighting proper bail procedure under Rule 114.

Oct 23, 2003criminal lawhomicidereckless imprudenceincluded offensesself-defenseconspiracy

Homicide and Reckless Imprudence: Understanding Included Offenses in Philippine Law

The Supreme Court clarifies when reckless imprudence is a lesser included offense of homicide, and the limits of self-defense claims.

Oct 23, 2003anti-graftra 3019public officerscorruptionsandiganbayancriminal law

Gifts to Public Officials: Defining Corrupt Practices Under Philippine Law

Explaining when gifts to public officials violate the Anti-Graft Law, and why the gift's value is not always an essential element.

Oct 23, 2003criminal-law

Accountability AND Joint Liability Establishing Conspiracy IN Homicide Cases

Oct 23, 2003treacheryevident premeditationmurderhomicidecriminal lawrevised penal code

Treachery and Evident Premeditation: When Intentional Killings Are Homicide, Not Murder

The Supreme Court clarifies when treachery and evident premeditation qualify a killing as murder, explaining what prosecutors must prove.