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显示第 18553–18576 篇,共 24,859 篇文章

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Jun 10, 2003criminal-lawrapepresumption-of-innocencereasonable-doubtevidencesupreme-court

Presumption of Innocence and Proof Beyond Reasonable Doubt in Rape Cases

The Supreme Court acquits a father of four rape counts, ruling that vague testimony and medical findings alone cannot overcome the presumption of innocence.

Jun 10, 2003administrative casecourt personnelgross misconductdishonestyjudiciarygraft

Upholding Justice Over Technicalities When Courts Must Look Beyond Procedural Errors

Court personnel who peddle influence betray the judiciary. This case shows why honesty and integrity are non-negotiable.

Jun 10, 2003criminal-lawevidenceextrajudicial-admissionrules-of-courtmurdersupreme-court

Guilt Beyond Silence: How Confessions to Friends Can Seal Your Fate in Philippine Courts

A Supreme Court ruling shows that admitting a crime to a friend can be used as evidence against you in Philippine courts.

Jun 10, 2003civil-law

Upholding Ethical Standards Attorney Suspension FOR Notarial Negligence IN Deed Falsification

Jun 10, 2003gross receipts taxbankswithholding taxchina banking corporationbirtaxation

Gross Receipts Tax on Banks Includes Withheld Interest Income

Supreme Court rules the 20% final withholding tax on interest income forms part of a bank's gross receipts for gross receipts tax purposes.

Jun 10, 2003unauthorized practice of lawbar admissionmoral integritylegal ethicssupreme courtphilippine bar

Moral Integrity and the Practice of Law: Unauthorized Practice as Grounds for Bar Admission Denial

Passing the bar is not enough—moral fitness matters. The Court denied a bar candidate admission for practicing law without a license.

Jun 10, 2003criminal-lawmurderhomicideself-defensetreacheryeyewitness-testimony

Eyewitness Testimony and Proof Beyond Reasonable Doubt in Murder Cases

How the Supreme Court weighed eyewitness accounts against a self-defense claim, and why a killing at the spur of the moment is homicide, not murder.

Jun 10, 2003criminal-law

THE Mandatory Hearing Safeguarding DUE Process IN Bail Granting

Jun 10, 2003foreclosureextrajudicial foreclosurepublication requirementact no. 3135property lawmortgage

Foreclosure Validity Republication Requirement In Rescheduled Auction Sales

When a foreclosure auction is postponed, the notice must be republished. Learn the rule from DBP v. Emerald Resort Hotel Corporation.

Jun 10, 2003criminal lawrobbery with homicidecorpus delictireasonable doubtevidencepresumption of innocence

When Robbery Evidence Fails: Acquittal for Lack of Corpus Delicti

The Supreme Court acquits an accused in robbery with homicide where the prosecution failed to prove the taking of property, explaining the necessity of establishing corpus delicti beyond reasonable do

Jun 10, 2003criminal lawrapewitness competencymental retardationevidencesupreme court

Competency of Witnesses: Testimony of Persons with Mental Retardation in Rape Cases

The Supreme Court affirms that a person with mental retardation can be a competent witness in rape cases if able to perceive and relate facts.

Jun 9, 2003contract-lawleasetacita-reconducciontenant-rightsejectmentcivil-code

Lease Renewal vs Implied New Lease: What Tenants and Landlords Should Know

Philippine Supreme Court explains when a lease renewal carries over all original terms—and when it doesn't.

Jun 9, 2003rapecriminal lawpositive identificationdeadly weaponalibirevised penal code

Rape Conviction Upheld: Positive Identification and Use of Deadly Weapon Establish Guilt Beyond Reasonable Dou

The Supreme Court affirms a rape conviction, ruling that the victim's positive identification and the use of a knife prove guilt beyond reasonable doubt.

Jun 9, 2003leasetacita reconduccionright of first refusalcivil codeejectment

When a Lease Renews Month-to-Month: The Right of First Refusal and Tacita Reconduccion

The Supreme Court explains what happens to a lease's option-to-buy clause when the lease renews on a month-to-month basis after expiration.

Jun 6, 2003bouncing checks lawbp 22notice of dishonorcriminal lawdue processaccount closed

Bouncing Checks and Due Process: The Notice of Dishonor Requirement in BP 22 Cases

The Supreme Court acquits a BP 22 accused because the prosecution failed to prove notice of dishonor was served on the drawer.

Jun 2, 2003criminal-law

Self Defense Claim Rejected Impermissible USE OF Force IN Homicide Cases

May 30, 2003election-lawpreliminary-investigationcomelecgross-ignorance-of-lawomnibus-election-codeadministrative-case

Judicial Overreach: The Limits of Preliminary Investigation in Election Offenses

When a judge conducted preliminary investigation on an election offense, the Supreme Court ruled this exceeds judicial authority and constitutes gross ignorance of the law.

May 29, 2003labor-lawvoluntary-arbitrationcollective-bargaining-agreementillegal-dismissalgrievance-machineryjurisprudence

Upholding Voluntary Arbitration When A Signed Agreement Overrides Prior Waiver In Labor Disputes

A signed submission agreement to voluntary arbitration prevails over a prior waiver of grievance machinery, the Supreme Court ruled.

May 29, 2003criminal-lawtreacherymurderself-defenserevised-penal-codesupreme-court

Treachery Defined: Ensuring Justice for Victims of Sudden and Unexpected Attacks

The Supreme Court explains treachery in murder cases, emphasizing that sudden, unexpected attacks from behind constitute treachery, not self-defense.

May 29, 2003self-defensetreacherymurdercriminal-lawrevised-penal-codesupreme-court

Self-Defense and Treachery: How the Supreme Court Evaluates Both in Homicide Cases

The Supreme Court explains when self-defense fails and treachery applies, using a 2003 murder case as a guide.

May 26, 2003statutory-rapesexual-assaultrevised-penal-codecriminal-lawsupreme-courtphilippines

Rape and the Absence of Consent: Force and Intimidation in Philippine Law

Philippine Supreme Court clarifies statutory rape and sexual assault elements, emphasizing that force is presumed when the victim is under 12.

May 12, 2003good faithadministrative lawpublic officialsdisbarmentlegal ethicscode of professional responsibility

Good Faith in Administrative Actions: Protecting Public Officials From Liability

The Supreme Court clarifies that good faith in filing administrative cases shields public officials from disciplinary liability, but lawyers must still respect courts.

May 12, 2003gross immoralityjudicial disciplinecode of professional responsibilityadministrative casesupreme court

Judge Dismissed for Extramarital Affair: Gross Immorality in the Judiciary

Supreme Court dismisses judge for extramarital affair and child with another woman, ruling infidelity is gross immorality warranting removal from the bench.

May 9, 2003labor-lawregular-employmentsecurity-of-tenurearticle-280labor-codejurisprudence

Regular Employment Status: Necessity of Work and Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies when workers become regular employees based on necessity of work and security of tenure under Article 280.