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显示第 19657–19680 篇,共 24,860 篇文章

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Mar 12, 2002criminal-lawstatutory-raperaperevised-penal-codesupreme-courtevidence

Statutory Rape: Why Proving Familial Relationship Matters in Aggravated Cases

A Supreme Court ruling shows that in statutory rape, the qualifying circumstance of relationship must be proven beyond reasonable doubt, not merely alleged.

Mar 12, 2002criminal lawrape with homicidecircumstantial evidencemurderreclusion perpetuasupreme court

Diminished Conviction Reassessing Guilt IN Rape Homicide Cases Based ON Circumstantial Evidence

The Supreme Court clarifies that circumstantial evidence can prove murder but not rape, reducing death penalty to reclusion perpetua.

Mar 12, 2002civil procedurewrit of executionfinal judgmentinsurance liabilityinterest

When a Final Judgment Limits Liability: Execution Cannot Add Interest

A writ of execution must strictly follow the final judgment. Adding interest not decreed by the court is void.

Mar 12, 2002administrative lawjudicial ethicsjudge accountabilitysharia courtscase delay

The Duty of Judges to Resolve Cases Promptly: Lessons from Arap v. Mustafa

A judge's delay in resolving a case violates the Constitution and judicial conduct rules, as shown in this administrative case.

Mar 12, 2002rapecriminal-lawcredibility-of-witnessdeath-penaltyrevised-penal-codesupreme-court

Credibility of Rape Victim's Testimony Alone Can Uphold Conviction

Philippine Supreme Court ruling on rape conviction based on victim's credible testimony, and why death penalty requires minority alleged in information.

Mar 12, 2002execution pending appealinsurance lawdiscretionary executionrule 39public interest

Execution Pending Appeal: Balancing Public Interest and Court Discretion in Insurance Claims

When can a winning party execute a judgment while the appeal is pending? The Supreme Court explains the "good reasons" standard in this insurance dispute.

Mar 11, 2002criminal lawkidnappingrevised penal codearticle 270minorscustody

Custodial Trust AND Betrayal Examining THE Deliberate Failure TO Return A Minor

A babysitter's brief custody of a newborn becomes a kidnapping conviction under Article 270, explaining deliberate failure to return.

Mar 11, 2002conspiracycriminal liabilityhomiciderevised penal codesupreme courtphilippine law

Conspiracy and Criminal Liability: Intent and Participation in Homicide Cases

Philippine Supreme Court ruling on conspiracy, intent, and participation in homicide—what the Manlansing case teaches about criminal liability.

Mar 11, 2002kidnappingrevised penal codeadministrative lawsupreme courtcriminal law

Kidnapping and Failure to Return a Minor: What the Supreme Court Said About Custody and Intent

A look at People v. Bernardo, where the Supreme Court clarified the elements of kidnapping and failure to return a minor under the Revised Penal Code.

Mar 8, 2002criminal-lawrobbery-with-homicidequalifying-circumstancesdeath-penaltyvoluntary-surrendersupreme-court

Rape Conviction Upheld BUT Death Penalty Reduced THE Importance OF Proving Qualifying Circumstances

The Supreme Court reduced a death sentence to reclusion temporal after finding the prosecution failed to prove robbery and nighttime as aggravating circumstances.

Mar 8, 2002insurance lawcommon carriersfortuitous eventcivil codemarine insurance

Fortuitous Events and Carrier Liability: Navigating the Perils of the Sea

When a vessel sinks in a storm, is the carrier liable? The Supreme Court explains the rules on fortuitous events.

Mar 7, 2002treacherymurdercriminal lawqualifying circumstancerevised penal codesupreme court

Treachery in Murder: The Element of Surprise in Philippine Criminal Law

Understanding treachery as a qualifying circumstance in murder cases, explained through a 2002 Philippine Supreme Court decision.

Mar 7, 2002remedial-lawjurisdictionestoppeldarbagrarian-disputestenancy

Jurisdictional Challenge Too Late: Estoppel Bars Belated Attacks on DARAB Authority

A party who actively participates in DARAB proceedings cannot belatedly challenge jurisdiction on appeal. The Supreme Court explains estoppel by laches.

Mar 7, 2002jurisdictionintra-corporate controversysuccessioncorporate veilsecurities and exchange commissioncivil procedure

When Courts, Not the SEC, Decide Succession and Corporate Veil Cases

A Supreme Court ruling clarifies when inheritance claims against a corporation belong in regular courts, not the SEC.

Mar 7, 2002legal ethicsattorney negligencecode of professional responsibilityadministrative casesupreme court

Attorney Negligence: When a Lawyer's Lapses Cost Clients Their Case

Philippine Supreme Court suspends lawyer for six months for failing to file briefs, costing clients their property in a recovery case.

Mar 7, 2002criminal-law

Illegal Recruitment AND Estafa THE Tangled WEB OF Deceit IN Overseas JOB Promises

Mar 7, 2002lease renewalcontract lawoption to renewcivil codeunlawful detainerphilippine law

Lease Renewal Rights: Mutual Agreement Required for Contract Extension

Philippine Supreme Court clarifies that lease renewal options are reciprocal—both lessor and lessee must agree to extend a lease contract.

Mar 7, 2002judicial ethicsundue delayadministrative caserule on summary procedurecode of judicial conduct

Judicial Accountability: The Imperative of Timely Decision Making in Philippine Courts

Philippine judges must decide cases within reglementary periods. This article examines a Supreme Court ruling on undue delay and its consequences.

Mar 6, 2002criminal-law

Reevaluating Criminal Liability When Lack OF Treachery Reduces Murder TO Homicide

Mar 6, 2002criminal-lawrapeattempted-rapepenetrationvictim-resistancesupreme-court

Attempted Rape, Lack of Penetration, and the Significance of the Victim's Resistance

The Supreme Court clarifies that full penetration is not required for rape, and a victim's resistance is not essential when intimidation is present.

Mar 6, 2002statutory rapeattempted rapecriminal lawrapeanti-rape lawsupreme court

Statutory Rape Penetration IS Required FOR Consummation Attempted Rape Defined

The Supreme Court clarifies that penetration, not mere touching, is required for consummated statutory rape, explaining attempted rape rules.

Mar 6, 2002criminal lawdue processplea of guiltycapital offensearraignmentrules of court

Improvident Plea and Due Process in Capital Offenses: People v. Galvez

The Supreme Court nullified a death sentence because the trial court failed to conduct a searching inquiry before accepting a guilty plea in a capital case.

Mar 6, 2002criminal-lawmurderhomicidetreacheryreasonable-doubtsupreme-court

Homicide vs Murder: When Doubt Benefits the Accused

The Supreme Court explains why treachery must be proven beyond doubt, reducing a murder conviction to homicide.

Mar 6, 2002probable causearrest warrantcriminal procedurejudicial discretionpreliminary investigationadministrative case

Judicial Discretion in Determining Probable Cause for Arrest Warrants

Explaining the judge's exclusive duty to personally determine probable cause for arrest warrants and the limits of judicial discretion.