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显示第 18433–18456 篇,共 24,859 篇文章

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Jul 18, 2003criminal-lawright-to-counseldue-processrapesupreme-courtjudicial-decisions

When a Rape Conviction Is Set Aside: The Right to Counsel and Clear Judicial Decisions

The Supreme Court nullified a rape conviction because the trial court's decision lacked factual and legal basis, and the accused was deprived of effective counsel.

Jul 18, 2003surety bondinjunction bondpreliminary injunctioninsurance lawcivil procedurephilippine supreme court

Surety Bond Execution Timeliness and Due Notice Requirements in Philippine Law

Learn when a claim against an injunction bond must be filed and the notice rules for surety liability under Philippine law.

Jul 17, 2003judicial accountabilityrapeincestcriminal proceduresupreme courtphilippine judiciary

Judicial Accountability and Timely Resolution: Lessons from People v. Servano

The Supreme Court's ruling in People v. Servano clarifies incest rape rules while underscoring the judiciary's duty to resolve cases without delay.

Jul 17, 2003criminal-lawrapeincestmoral-ascendancyrevised-penal-codesupreme-court

Incestuous Rape: Moral Ascendancy Replaces Force in Philippine Law

Philippine Supreme Court ruling on incestuous rape, where a father's moral ascendancy substitutes for force and intimidation in securing conviction.

Jul 17, 2003sheriffswrit of executionadministrative liabilityrule 39court personnelphilippine law

Timely Execution: A Sheriff's Duty to Report and the Consequences of Delay

A Philippine Supreme Court ruling reminds sheriffs that writs of execution must be returned and reported on time, and that delay carries administrative liability.

Jul 17, 2003criminal-lawrapechild-victimevidencesupreme-court

Rape Conviction Upheld on Victim's Credible Testimony Despite Intact Hymen

Philippine Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies that intact hymen does not negate rape.

Jul 17, 2003criminal-law

Rape Conviction Upheld Despite Minor Inconsistencies THE Importance OF Child Witness Testimony

Jul 17, 2003criminal-lawreasonable-doubtpositive-identificationmurderevidencewitness-testimony

Reasonable Doubt Prevails When Positive Identification Conflicts With Inconsistent Testimony

A murder conviction reversed because the prosecution's sole eyewitness gave inconsistent testimony, undermining the claim of positive identification.

Jul 15, 2003percentage taxpawnshopslending investorsbirtaxationnational internal revenue code

Percentage Tax on Pawnshops: Defining Lending Investors Under Philippine Law

Supreme Court ruling on whether pawnshops are lending investors subject to 5% percentage tax under the NIRC.

Jul 15, 2003ill-gotten wealthforfeiturera 1379presidential commission on good governmentsandiganbayanmarcos

Marcos Ill-Gotten Wealth: The Power of Presumptions in Forfeiture Cases

How the Supreme Court ruled that presumptions and admissions can justify summary judgment in recovering Marcos ill-gotten wealth under RA 1379.

Jul 14, 2003self-defensecriminal-lawhomicidetreacheryrevised-penal-codesupreme-court

Self-Defense Plea Fails When Ambush Claim Is Uncorroborated in Homicide Case

Philippine Supreme Court clarifies when self-defense fails and how treachery must be proven in homicide cases.

Jul 14, 2003civil-law

Adoption Rights CAN AN Adoption Decree BE Rescinded After THE Child Adoption LAW OF 1998

Jul 14, 2003contract-lawcommon-carriersdamagescivil-codeairlinebreach-of-contract

Airline Breach of Contract When a Confirmed Flight Turns Into a Legal Dispute

When an airline confirms a booking then cancels it, a contract of carriage arises. Learn the legal rules on damages from China Airlines v. CA.

Jul 14, 2003acquisitive prescriptionland ownershipgood faithjust titlecivil lawproperty disputes

Acquisitive Prescription Good Faith AND Just Title IN Land Ownership Disputes

Learn how good faith and just title affect acquisitive prescription in Philippine land ownership disputes, based on Supreme Court rulings.

Jul 14, 2003attorney-client privilegelegal ethicsconfidentialitydisbarmentcode of professional responsibility

Breach of Confidence When a Lawyer's Duty Collides With Self-Defense

A lawyer cannot use confidential client information to defend himself in an unrelated case. The Supreme Court explains the limits of attorney-client privilege.

Jul 14, 2003civil-proceduredefault-orderjudicial-efficiencyreglementary-periodadministrative-casecode-of-judicial-conduct

Timely Justice Reckoning Deadlines In Default Order Motions

Learn how the 90-day period for resolving motions is counted, based on a Supreme Court ruling on default orders.

Jul 14, 2003tax lawgovernment corporationsreal property taxbusiness taxphilippine ports authoritylocal taxation

Tax Exemptions for Government Corporations: The Philippine Ports Authority Case

The Supreme Court clarifies when government-owned corporations like the PPA must pay local taxes, and when they cannot change legal theories on appeal.

Jul 14, 2003civil-law

Partnership Dissolution Determining THE Return OF Equity Upon Withdrawal

Jul 14, 2003election-lawlocal-governmentoath-of-officecomelecreinstatement

Reinstatement After Election Protest: Oath of Office Not Always Required

Supreme Court clarifies when a reinstated local official need not retake the oath to validly reassume office after an election protest.

Jul 11, 2003criminal lawrapecredibility of witnessessweetheart defensecorroborating testimonypeople vs dizo

Credibility in Rape Cases: Corroborating Testimony and Rejecting the Sweetheart Defense

How Philippine courts weigh victim credibility, corroborating medical evidence, and the sweetheart defense in rape convictions.

Jul 11, 2003property-lawconstitutional-lawpari-delictoalien-land-ownershipsupreme-courtcivil-code

When Constitutional Limits Bar Recovery of Illegally Acquired Property

Philippine Supreme Court explains why an alien who bought land through a Filipino cannot recover the property or his money.

Jul 11, 2003self-defenseunlawful aggressioncriminal lawrevised penal codesupreme courtphilippines

The Boundaries of Self Defense When Force Becomes Unlawful Aggression in the Philippines

Philippine Supreme Court clarifies when self-defense is valid and when force becomes unlawful aggression in criminal cases.

Jul 11, 2003civil-law

Upholding DUE Process THE Dismissal OF Charges DUE TO Lack OF Evidence IN Administrative Cases

Jul 10, 2003election-lawoverseas-absentee-votingsuffragecomelecconstitutionra-9189

Safeguarding Suffrage: Residency and Congressional Oversight in Overseas Voting

The Supreme Court upholds overseas absentee voting law, clarifying residency rules, COMELEC's proclamation powers, and limits on congressional oversight.