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显示第 20017–20040 篇,共 24,860 篇文章

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Nov 16, 2001criminal-lawpreliminary-investigationdue-processwarrant-of-arrestsandiganbayanombudsman

Safeguarding Due Process: The Right to a Complete Preliminary Investigation

When an incomplete preliminary investigation leads to a warrant of arrest, the Supreme Court steps in to protect the accused's right to due process.

Nov 15, 2001criminal-law

Treachery Must BE Proven Accused Found Guilty OF Homicide NOT Murder DUE TO Insufficient Evidence OF Deliberate Attack

Nov 15, 2001administrative-lawjudicial-responsibilitycourt-managementundue-delaycode-of-judicial-conduct

Judicial Responsibility in Ensuring Timely Justice and Efficient Court Management

When a judge blames lost court records for a two-year delay, the Supreme Court clarifies that efficient case management is a judicial duty.

Nov 15, 2001criminal-law

Positive Identification Trumps Alibi Upholding Conviction IN Multiple Murder Case

Nov 15, 2001tax-lawspecific-taxtobaccoexcise-taxbirnirc

Specific Tax on Stemmed Leaf Tobacco: Exemptions for Manufacturers Clarified

Supreme Court clarifies when stemmed leaf tobacco transfers between manufacturers are exempt from specific tax under the NIRC.

Nov 15, 2001usuryloan agreementsphilippine contract lawinterest ratessupreme court

Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements

In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.

Nov 15, 2001moral turpitudebouncing checkselection lawdisqualificationbp 22comelec

Moral Turpitude and Bouncing Checks: Disqualifying Election Candidates in the Philippines

The Supreme Court rules that conviction for violation of B.P. Blg. 22 (Bouncing Checks Law) involves moral turpitude, disqualifying candidates from public office.

Nov 15, 2001criminal-lawevidencewitness-credibilityalibireasonable-doubtsupreme-court

Lone Witness Credibility: Proving Guilt Beyond Reasonable Doubt in Philippine Criminal Law

How Philippine courts assess a lone witness's credibility in criminal cases, and why positive identification defeats alibi.

Nov 14, 2001administrative lawpublic officerscode of conductsimple misconductsupreme court

Moral Conduct in Public Service: When Personal Lives Affect Professional Reputation

A Supreme Court administrative case shows how a court employee's unauthorized mediation and ignored requests led to a fine for simple misconduct and violations of R.A. No. 6713.

Nov 14, 2001right of first refusalcontract lawproperty lawleasesalephilippine jurisprudence

Right of First Refusal in Property Sales: A Binding Contractual Obligation

When is a right of first refusal enforceable in Philippine property sales? The Supreme Court clarifies in PUP v. Firestone Ceramics.

Nov 14, 2001criminal-law

Liability IN Robbery With Homicide THE Intent TO ROB Governs THE Outcome

Nov 14, 2001treacherymurdercriminal lawrevised penal codequalifying circumstance

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

Understand how treachery qualifies a killing as murder under Philippine law, focusing on the element of surprise and sudden attack.

Nov 14, 2001criminal lawrapedeath penaltyminorityevidencer.a. 7659

Proving Victim’s Age in Rape Cases: When Death Penalty Fails

In People v. Virrey, the Supreme Court ruled that minority must be proven beyond reasonable doubt before the death penalty can be imposed in rape cases.

Nov 14, 2001commercial-lawtrust-receiptssuretyshipcontractsloan-obligationsbanking

Upholding Contractual Agreements: Trust Receipts and Surety Agreements in Loan Obligations

The Supreme Court reaffirms that contracts are the law between parties, enforcing stipulated interest, penalties, and service charges in trust receipt loan transactions.

Nov 14, 2001criminal-lawrapeidentificationconsentsupreme-courtphilippines

Rape Conviction Affirmed: The Role of Identification and Consent in Sexual Assault Cases

Supreme Court affirms rape conviction, clarifying voice and sight identification, consent, and damages in sexual assault cases.

Nov 14, 2001administrative-lawcode-of-conductpublic-officialsra-6713misconductclerks-of-court

Public Officials' Duty to Act Promptly: Lessons from a Clerk of Court's Misconduct

A Supreme Court ruling reminds public officials of their duty to act promptly on requests and maintain propriety in office.

Nov 13, 2001statutory-rapecriminal-lawrapecredibility-of-witnessesrevised-penal-codesupreme-court

Protecting the Vulnerable: Supreme Court Upholds Statutory Rape Conviction Despite Reporting Delay

The Supreme Court affirms a statutory rape conviction, ruling that a victim's delay in reporting the crime does not automatically undermine her credibility.

Nov 13, 2001criminal-law

Bouncing Checks AND Criminal Liability Strict Enforcement OF BP 22

Nov 13, 2001judicial accountabilityadministrative lawcase resolutionsupreme courtocaphilippine courts

Judicial Accountability: Timely Case Resolution and Efficiency in Philippine Courts

A Supreme Court ruling on a judge fined for delayed case decisions underscores the duty of Philippine judges to resolve cases within reglementary periods.

Nov 13, 2001judicial ethicscode of judicial conductadministrative casesupreme courtphilippine courts

Upholding Judicial Integrity: Timeliness and Impartiality in Court Decisions

A Supreme Court ruling on a judge's duty to decide cases promptly and avoid even the appearance of impropriety.

Nov 13, 2001statutory rapevictim credibilitydelayed reportingcriminal lawrapephilippine supreme court

Delayed Reporting in Statutory Rape: When Delay Does Not Destroy Victim Credibility

Philippine Supreme Court ruling on why delayed reporting of statutory rape does not automatically undermine a minor victim's credibility.

Nov 12, 2001ejectmentunlawful detainercertificate of deathcivil procedureprima facie evidencerules of court

Extradition in the Philippines: Balancing Due Process and International Cooperation

Philippine courts can provisionally rule on a plaintiff's death in ejectment cases, balancing due process with the need for swift resolution.

Oct 29, 2001reconstitution of titleland registrationrepublic act no. 26property lawtorrens systemsupreme court

Reconstitution of Lost Title: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies when courts may grant reconstitution of lost titles under RA 26, reversing CA's strict application of Bercede guidelines.

Oct 26, 2001criminal-lawrapevoice-identificationqualifying-circumstancesdeath-penaltyrevised-penal-code

Rape Conviction Upheld: Voice Identification and the Requirement of Pleading Qualifying Circumstances

The Supreme Court affirms a rape conviction based on voice identification but reduces the death penalty to reclusion perpetua because the information failed to allege qualifying circumstances.