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显示第 18385–18408 篇,共 24,859 篇文章

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Aug 6, 2003criminal-law

Incestuous Rape Parental Authority VS Childs Right TO Protection AND THE Imposition OF THE Death Penalty

Aug 6, 2003criminal-lawrapestatutory-rapeevidencesupreme-courtfamily-law

Father's Betrayal: Revisiting Rape Conviction, Victim's Testimony, and Age Proof

A father's rape conviction was modified when the prosecution failed to prove the victim's age, highlighting the importance of evidence in statutory rape cases.

Aug 6, 2003forcible entryejectmentproperty lawownershiprule 70batas pambansa blg. 129

Resolving Ownership in Forcible Entry: When Courts Can Decide Who Truly Owns the Land

Philippine ejectment cases usually focus on possession, but courts may resolve ownership when it is intertwined with possession. Learn the rules.

Aug 6, 2003administrative-lawcommission-on-auditlocal-government-codegovernment-allowancesjudicial-integrityra-6758

Upholding Impartiality: The Supreme Court on Fair Case Raffling and Judicial Integrity

The Supreme Court affirms COA's ban on auditors receiving local government allowances, preserving audit independence and integrity under RA 6758.

Aug 5, 2003administrative lawreorganizationexecutive powersecurity of tenurecivil servicegovernment employees

Presidential Authority to Reorganize Government Agencies: Balancing Efficiency and Employee Rights

The Supreme Court explains when the President may validly reorganize executive agencies and what protections employees retain during streamlining.

Aug 5, 2003criminal-lawbuy-bustdangerous-drugsshabuevidencera-6425

Buy-Bust Operations and Proving Illegal Drug Sales Beyond Reasonable Doubt

The Supreme Court explains how prosecution can prove illegal drug sales beyond reasonable doubt in buy-bust operations, and why frame-up defenses often fail.

Aug 5, 2003preliminary injunctionproperty rightsagrarian reformcontemptdarabcivil procedure

Right to Property vs Contractual Obligations: Preliminary Injunctions Explained

Learn when courts may issue preliminary injunctions to protect property rights, and the limits of quasi-judicial contempt powers.

Aug 5, 2003civil-lawproperty-lawforgeryspousal-rightstorrens-titlepurchaser-in-good-faith

Forged Signatures and Faulty Sales: Protecting Spousal Rights in Property Transfers

A forged deed by a married man without his wife's consent is void; buyers must verify occupancy before purchasing property.

Aug 5, 2003rapecriminal lawwitness credibilityimpotency defensesupreme courtphilippine law

Rape Credibility of a Minor Victim and the Defense of Impotency

In People v. Manahan, the Supreme Court upheld a rape conviction of a 12-year-old girl, ruling on witness credibility, delayed reporting, and the defense of impotency.

Aug 5, 2003labor-lawillegal-dismissalback-wageslabor-codejurisprudenceseparation-pay

Illegal Dismissal: Full Back Wages Despite Subsequent Employment

Philippine Supreme Court ruling: illegally dismissed employees get full back wages, even if they found other work during the dismissal period.

Aug 5, 2003rapecriminal lawvictim credibilitythreat and intimidationsupreme courtrevised penal code

Rape Conviction Upheld: Victim Credibility, Threats, and Intimidation in Philippine Law

Philippine Supreme Court affirms rape conviction, explaining why a victim's credible testimony and threats of death outweigh claims of normal behavior.

Aug 4, 2003agrarian lawcontemptdarabrules of courtadministrative law

DARAB Contempt Powers: Why Arrest Orders Must Come From Courts

The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.

Jul 31, 2003libelcriminal lawfair reportingprivileged communicationphilippine daily inquirerarticle 360

Fair Reporting vs Defamation: Weighing Public Interest in Libel Cases

The Supreme Court clarifies when news reports on matters of public interest are privileged, and who bears liability for libel under Article 360.

Jul 31, 2003administrative caseprocess serversummonsrules of courtcourt personnelcivil procedure

When Court Personnel Fail: Administrative Liability for Delayed Summons Service

Philippine Supreme Court ruling on process servers, clerks of court, and judges liable for delayed summons service in civil cases.

Jul 31, 2003judicial ethicsundue delaycertificate of serviceadministrative lawcode of judicial conductspeedy disposition

Upholding Accountability: The Duty of Judges to Resolve Cases Promptly

A Supreme Court ruling on judicial delay in resolving a formal offer of exhibits, and the limits of liability for inaccurate certificates of service.

Jul 31, 2003treacherymurderrevised-penal-codecriminal-lawpeople-v-baltazarqualifying-circumstances

The Element of Surprise: Defining Treachery in Philippine Murder Cases

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, elevating a killing to murder under Philippine law.

Jul 31, 2003contract-law

Upholding Lease Agreements THE Perils OF Forged Deeds AND Unsubstantiated Claims IN Property Disputes

Jul 31, 2003rapeincestcriminal-lawdeath-penaltyrevised-penal-codesupreme-court

Rape Conviction Affirmed Despite Procedural Lapses in Parental Incest Case

Supreme Court affirms rape conviction of father but reduces death penalty to reclusion perpetua due to procedural defects in the information.

Jul 31, 2003civil-law

Execution Pending Appeal When A Partys Admission Justifies Immediate Enforcement

Jul 31, 2003judicial accountabilityundue delaycode of judicial conductcertificate of serviceadministrative law

Judicial Accountability: Timely Decisions and Truthful Certificates of Service

A Supreme Court ruling holds a judge liable for a nine-month delay in resolving a routine motion, while dismissing the charge of untruthful service certificates.

Jul 30, 2003airline liabilitycommon carriercontract of carriagewarsaw conventiondamagescivil law

Airline Liability: The Ticket-Issuing Carrier Responsible for Your Entire Journey

Philippine Supreme Court ruling: ticket-issuing airlines are principals in contracts of carriage and liable for the acts of partner carriers on any segment.

Jul 30, 2003contract-lawcollateral-sharingperfected-contractslandbankgateway-electronicsmortgage-trust-indenture

Perfected Contracts and Collateral Sharing Agreements: When a Promise Must Be Kept

The Supreme Court rules on when a collateral sharing agreement is perfected and binding, and why courts cannot compel parties to sign an inexistent contract.

Jul 29, 2003criminal lawarsondestructive arsonrevised penal codesupreme court

Simple Arson vs Destructive Arson: Intent and Degree of Damage in Philippine Law

The Supreme Court clarifies the distinction between simple arson and destructive arson, focusing on intent, degree of damage, and the properties burned.

Jul 29, 2003rapecriminal-lawforce-and-intimidationmental-capacityrevised-penal-code

Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation

A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.