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显示第 19513–19536 篇,共 24,860 篇文章

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Apr 25, 2002administrative-law

Upholding Franchise Rights Injunctions Against Final Energy Regulatory Board Decisions

Apr 24, 2002administrative-law

Sheriffs Breach OF Protocol Upholding Impartiality IN Writ Execution

Apr 24, 2002agrarian lawagricultural leaseholdpersonal cultivationland rightstenancycivil code

Cultivation Counts Upholding Land Rights in Agrarian Disputes

The Supreme Court ruled that personal cultivation is essential to establish agricultural leasehold rights, affirming that mere possession or documents do not suffice.

Apr 23, 2002criminal-lawrapeincestguilty-pleadeath-penaltyrpc

Incestuous Rape: The Gravity of Offenses and Improvident Guilty Pleas in Philippine Law

A father's guilty plea to raping his daughter tests the rules on capital offenses, searching inquiry, and penalties under Philippine law.

Apr 22, 2002criminal lawhomicidemurdertreacheryevident premeditationrevised penal code

Homicide vs Murder: The Fine Line in Criminal Intent Under Philippine Law

A Supreme Court ruling clarifies when a killing is homicide, not murder, by examining treachery and evident premeditation.

Apr 22, 2002sheriffdemolitionejectmentdue processadministrative caseenforcement of judgments

When a Sheriff's Demolition Violates Due Process: Lessons from Biscocho v. Marero

A sheriff demolished homes of non-parties to an ejectment case. The Supreme Court ruled this was grave misconduct violating due process.

Apr 22, 2002election-lawpre-proclamation-controversycomelecproclamationdue-processabinal-v-comelec

Premature Proclamation and Due Process in Election Contests: Abinal v. COMELEC

The Supreme Court clarifies when COMELEC may order a proclamation while a pre-proclamation appeal is pending, and the limits of due process claims.

Apr 22, 2002statutory rapeparental authoritycriminal lawchildren's rightsrape

Protecting Children Statutory Rape AND THE Limits OF Parental Authority IN THE Philippines

The Supreme Court clarifies that parental authority does not allow a father to commit statutory rape against his own child.

Apr 22, 2002criminal lawhomicidemurderdying declarationres gestaerevised penal code

Homicide or Murder: Proving Intent and the Weight of Dying Declarations

The Supreme Court clarifies when a killing is homicide, not murder, and how dying declarations identify an assailant.

Apr 19, 2002self-defenseconspiracymurdertreacherycriminal lawrevised penal code

Self-Defense, Conspiracy, and Murder: Lessons from People v. Enfectana

The Supreme Court clarifies when self-defense fails, how conspiracy is proven, and what makes a killing treacherous murder.

Apr 19, 2002criminal lawtreacheryself-defensemurderrevised penal code

Treachery and Self-Defense: Defining the Boundaries of Criminal Liability in the Philippines

The Supreme Court clarifies when treachery qualifies killing as murder and when self-defense fails, in People v. Enfectana.

Apr 19, 2002agrarian reformtenancy rightssuccessionra 3844surviving spouseleasehold

Succession to Tenancy Rights: Surviving Spouse Takes Priority Under Agrarian Reform

When a tenant dies, who inherits the tenancy? The Supreme Court clarifies the order of preference under Section 9 of RA 3844.

Apr 19, 2002agrarian reformtenancy rightssuccessionsurviving spousera 3844land reform

Succession to Tenancy Rights: Surviving Spouse Takes Priority Under Agrarian Reform

Learn how Philippine agrarian law prioritizes the surviving spouse in tenancy succession and what this means for land ownership and redemption rights.

Apr 19, 2002criminal-lawrapecredibility-of-witnessesalibisupreme-courtrevised-penal-code

The Testimony of the Victim and the Crime of Rape: Assessing Credibility and Impact on Conviction

A look at how the Supreme Court weighs a rape victim's testimony against alibi and denial, affirming conviction based on credibility.

Apr 19, 2002legal ethicslawyer disciplinemisappropriationclient fundsibpsupreme court

Lawyer Suspended for Misappropriating Client Funds in Loan Restructuring Scheme

A lawyer's six-month suspension for misappropriating P60,000 in client funds and fabricating a PNB connection underscores ethical duties.

Apr 19, 2002criminal-lawrapevictim-testimonyforce-and-intimidationsupreme-courtreclusion-perpetua

Rape Conviction Affirmed: Victim Testimony and Use of Force in Philippine Rape Cases

Supreme Court affirms rape conviction, explaining why a victim's testimony can stand even without physical injuries or fresh lacerations.

Apr 19, 2002rapecredibilityvictim testimonyalibicriminal law

Credibility in Rape Cases: Why Victim Testimony Carries Decisive Weight

The Supreme Court affirms a rape conviction, underscoring that a victim's credible, positive testimony outweighs alibi and improbable claims.

Apr 19, 2002criminal lawrapewitness credibilityreasonable doubtalibirevised penal code

Credibility of Witness Testimony in Rape Cases: Proving Guilt Beyond Reasonable Doubt

How Philippine courts assess witness credibility in rape cases, explained through People v. Lopez, where a child victim's testimony prevailed over alibi.

Apr 19, 2002legal ethicslawyer disciplinemisappropriationprofessional misconductibpsupreme court

Lawyer Suspended for Misappropriating Client Funds in Fake PNB Fixer Scheme

A Supreme Court ruling suspends a lawyer for six months for misappropriating P60,000 from a client through false claims of bank connections.

Apr 19, 2002agrarian reformtenancy rightssuccessionsurviving spousera 3844agricultural leasehold

Succession to Tenancy Rights: Surviving Spouse's Priority Under Agrarian Reform

Philippine Supreme Court clarifies that a tenant's surviving spouse has priority to succeed to tenancy rights when the landowner fails to choose a successor within one month.

Apr 18, 2002treacherymurderhomicidecriminal lawrevised penal codesupreme court

Treachery in Criminal Law: Ensuring Justice for Victims of Unforeseen Attacks

When can treachery qualify a killing as murder? The Supreme Court explains the strict proof required for this aggravating circumstance.

Apr 18, 2002treacherymurdercriminal lawself-defensequalifying circumstance

Treachery in Criminal Law: Establishing Intent and Lack of Opportunity for Self-Defense

The Supreme Court explains how treachery qualifies a killing as murder, focusing on the victim's inability to defend and the attacker's deliberate method.

Apr 18, 2002administrative lawclerk of courtwrit of executionministerial dutyjudicial functionsupreme court

Clerks of Court Cannot Expand Execution Orders: Limits on Ministerial Duty

Philippine Supreme Court ruling on when a clerk of court exceeds ministerial duty by issuing an amended writ that varies a judgment.

Apr 18, 2002rapecriminal-lawmoral-ascendancyfather-figurechild-abusesupreme-court

Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation

Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.