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显示第 18673–18696 篇,共 24,859 篇文章

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Apr 3, 2003criminal-lawmurdertreacheryevident-premeditationrevised-penal-codesupreme-court

Treachery in Group Assault: When Murder Qualifies Beyond Reasonable Doubt

A Supreme Court ruling explains how treachery in a coordinated group attack qualifies killing as murder, even without evident premeditation.

Apr 2, 2003criminal-lawrapeintrafamilial-raperevised-penal-codedeath-penaltyevidence

Intrafamilial Rape: Conviction Upheld on Minor's Credible Testimony and Parental Relationship

Supreme Court affirms death penalty for father convicted of raping his 13-year-old daughter, relying on the victim's credible testimony and proven relationship.

Apr 2, 2003criminal-lawadministrative-caseclerk-of-courtdishonestygrave-misconductforfeiture-of-benefits

Breach of Public Trust: Forfeiture of Benefits for Misappropriation of Judiciary Funds

A clerk of court loses retirement benefits for misappropriating judiciary funds, even after full restitution and resignation.

Apr 2, 2003criminal-lawrapeself-defenseforce-and-intimidationsupreme-courtphilippine-law

When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law

The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.

Apr 2, 2003administrative lawclerks of courtjudiciary fundsdishonestygrave misconductpublic accountability

Judicial Employee Accountability: Delayed Remittance of Fiduciary Funds Is Misconduct

Philippine Supreme Court ruling on clerks of court: delayed remittance of judiciary funds constitutes dishonesty and grave misconduct.

Apr 2, 2003conspiracycriminal lawgroup crimesliabilityfiduciary dutyadministrative liability

Accountability in Group Crimes: Defining Conspiracy and Liability in Philippine Law

Explaining how Philippine courts define conspiracy and liability in group crimes, with rules on fiduciary duty for court personnel.

Apr 1, 2003criminal procedureprovisional dismissalrule 117due processdouble jeopardypeople v lacson

Reviving Criminal Cases: Balancing Speed and Due Process Under Philippine Law

The Supreme Court explains when a provisionally dismissed criminal case can be revived, balancing the State's right to prosecute with the accused's right to due process.

Apr 1, 2003administrative lawdishonestyfalsificationcivil servicegovernment employeesdaily time record

Dishonesty in Public Service: Falsification of Time Records Leads to Dismissal

Court personnel dismissed for falsifying daily time records. Learn the rules on dishonesty in Philippine public service.

Apr 1, 2003criminal procedureprovisional dismissalrule 117judicial efficiencydue processsupreme court

Judicial Efficiency vs Protracted Delay: The Duty of Judges to Resolve Motions Promptly

The Supreme Court clarifies that provisional dismissal of criminal cases requires the accused's express consent and notice to offended parties.

Apr 1, 2003criminal-lawcarnappinghomicideconspiracyextrajudicial-confessionevidence

Carnapping With Homicide: Conspiracy and Admissibility of Extrajudicial Confessions

Explaining the Supreme Court ruling on carnapping with homicide, conspiracy among co-accused, and when extrajudicial confessions to private persons are admissible.

Apr 1, 2003partitionpublic documentsnotarized deedsproperty disputescivil lawevidence

Upholding Partition Agreements: Notarized Deeds as Valid Public Documents in Property Disputes

Philippine Supreme Court ruling on notarized deeds of partition as public documents, their presumption of regularity, and evidentiary weight in property disputes.

Apr 1, 2003rapecriminal lawforce and intimidationconsentrevised penal code

Rape and Consent: Understanding Force and Intimidation in Philippine Law

The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.

Apr 1, 2003criminal lawmurdereyewitness identificationmotiveevidencetreachery

Eyewitness Identification and the Immateriality of Motive in Murder Cases

The Supreme Court affirms a murder conviction based on positive eyewitness identification, clarifying that motive, the murder weapon, and ballistic reports are not essential to prove guilt.

Mar 31, 2003civil lawforum non conveniensjurisdictioninternational disputeslitis pendentiaforum shopping

Forum Non Conveniens and Philippine Courts: Discretion in International Disputes

Philippine courts may assume jurisdiction over international disputes when convenient, fair, and enforceable—explained through Bank of America v. Court of Appeals.

Mar 31, 2003bouncing-checks-lawcriminal-lawchecksguaranteebatas-pambansa-blg-22

Checks AS Guarantee Lagman VS People When A Bounced Check Becomes A Crime

The Supreme Court clarifies when a check issued as a guarantee, not payment, falls under the Bouncing Checks Law.

Mar 31, 2003civil procedureforum non conveniensmotion to dismisscertiorarilitis pendentiacorporate personality

Bank of America v. Litonjua: When Courts May Keep a Case Despite Foreign Ties

Explaining when Philippine courts may keep a case despite foreign connections, and why denial of a motion to dismiss is not appealable via certiorari.

Mar 31, 2003corporate lawboard resolutionscorporationstockholdersforum non convenienscivil procedure

Binding Corporations: When Board Resolutions Matter in Contractual Agreements

Philippine Supreme Court ruling on corporate personality, board resolutions, and when stockholders can sue—explained in plain language.

Mar 28, 2003criminal lawrobbery with homicideconspiracyrevised penal codesupreme court

Robbery With Homicide: Conspiracy and Individual Liability Explained

Learn how the Supreme Court applied conspiracy rules in robbery with homicide, making all participants liable for the killing.

Mar 28, 2003administrative lawgross discourtesycourt personnelpublic servicedecorumcivil service

Court Personnel Decorum: Lessons from Judge v. Process Server Misconduct Case

Supreme Court ruling on gross discourtesy by court personnel, setting standards for decorum and public service conduct.

Mar 28, 2003judicial accountabilityunjust judgmentgood faith defenseadministrative complaintjudgesphilippine law

Judicial Accountability and the Good Faith Defense Against Unjust Judgment Charges

Philippine Supreme Court clarifies that judges cannot be held administratively liable for erroneous rulings made in good faith, absent malice or bad faith.

Mar 28, 2003darabagrarian disputejurisdictiontenancyland disputerecovery of possession

When Land Disputes Stay in Regular Courts: The DARAB Jurisdiction Test

The Supreme Court clarifies that DARAB only has jurisdiction over land disputes when a true tenancy relationship exists between the parties.

Mar 28, 2003administrative-lawsheriffswrit-of-executiondereliction-of-dutycivil-procedurerule-39

Sheriffs Must Execute Writs Promptly or Face Administrative Liability

Philippine Supreme Court holds sheriff liable for dereliction of duty for delayed execution of writ, emphasizing prompt enforcement of judgments.

Mar 28, 2003criminal lawlibelpreliminary investigationjudicial ethicsadministrative caserpc article 360

Judicial Overreach Limits MCTC Authority in Libel Cases

The Supreme Court reminds judges that only specific courts may conduct preliminary investigations in libel cases under Article 360.

Mar 28, 2003bailcriminal proceduredue processraperule 114supreme court

The Indispensable Hearing Safeguarding Rights in Bail Petitions

A Supreme Court ruling reminds trial courts that bail in capital offenses requires a full hearing, not just a motion.