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显示第 20041–20064 篇,共 24,860 篇文章

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Oct 26, 2001civil procedurejurisdictionsummonscourt of appealssupreme court

Reinstating Appeals Balancing Justice AND Procedural Rules IN Philippine Courts

A look at how Philippine courts balance strict procedural rules with the pursuit of justice in appeals and jurisdiction.

Oct 26, 2001constitutional-lawlocal-governmentsorsogon-cityone-subject-one-billplebiscitemerger

Sorsogon Cityhood: Merging Municipalities and the One Subject-One Bill Rule

The Supreme Court upholds the creation of Sorsogon City by merging two municipalities, clarifying the one subject-one bill rule and plebiscite timing.

Oct 26, 2001civil procedurejurisdictionsummonsspecial appearancesubstituted servicepreliminary attachment

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Oct 26, 2001civil lawdamagesbreach of trustfamily business disputeinterpleaderattorney's fees

Breach of Trust and Damages for False Claims in Family Business Disputes

A family shareholder who falsely claimed full ownership of a pooled investment faced actual and moral damages after the Court found his claim breached a trust.

Oct 26, 2001quantum meruitattorney's feeslegal servicescivil lawprofessional responsibility

Quantum Meruit: Fair Compensation for Legal Services Without a Fixed Fee

Philippine Supreme Court explains how lawyers are paid under quantum meruit when no fixed fee exists, using Racoma v. CNWD.

Oct 26, 2001bouncing checks lawbp 22criminal lawpostdated checkssupreme court

Bouncing Checks Law: When Issuing Postdated Checks Leads to Imprisonment

The Supreme Court affirms imprisonment for twelve counts of B.P. 22 violations, clarifying when fines alone are insufficient and why each worthless check is a separate offense.

Oct 26, 2001criminal-law

Cattle Rustling: When Taking and Ownership Are Proven in Large Cattle Theft

Philippine Supreme Court clarifies what proves in cattle rustling is broad.** A caretaker, herdsman, or anyone in lawful possession counts as an owner for purposes of consent under P.D. 533.

Oct 26, 2001rapecriminal lawpositive identificationaggravating circumstancesdeath penaltyvoice identification

Upholding Victims Rights Positive Identification AND Aggravating Circumstances IN Rape Cases

The Supreme Court affirms a rape conviction based on voice identification, but reduces the death penalty to reclusion perpetua because aggravating circumstances were not alleged in the information.

Oct 26, 2001civil-law

Quantum Meruit Determining Fair Legal Fees When A Contract IS Unclear

Oct 26, 2001criminal-lawrapevoice-identificationevidencereasonable-doubtsupreme-court

Voice Identification in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

How Philippine courts treat voice recognition as valid identification in rape cases, and why unpleaded aggravating circumstances reduce the penalty.

Oct 26, 2001criminal-lawcircumstantial-evidencemurderbeyond-reasonable-doubtalibisupreme-court

Circumstantial Evidence and Murder Conviction: Proving Guilt Beyond Reasonable Doubt

Explaining how circumstantial evidence can establish guilt beyond reasonable doubt in murder cases, citing People v. Diaz.

Oct 26, 2001injunctionpossessory rightspublic domaincivil lawproperty lawphilippine supreme court

Upholding Possessory Rights When Injunction Protects Possession Over Public Use

Philippine Supreme Court ruling on injunction, possessory rights, and claims that a lot is part of public domain.

Oct 26, 2001criminal lawrobbery with rapeaggravating circumstancescrueltyuninhabited placerevised penal code

Uninhabited Places and Cruelty: Defining Aggravating Circumstances in Robbery with Rape

The Supreme Court clarifies when cruelty and uninhabited place aggravate robbery with rape, and affirms the death penalty in a Quezon City case.

Oct 25, 2001right-of-first-refusalland-leaseproperty-lawurban-land-reformejectmentphilippine-law

Right of First Refusal in Land Leases: When It Applies and When It Does Not

The Supreme Court clarifies who qualifies for the right of first refusal under P.D. 1517 and the limits of lease protection under B.P. 877.

Oct 25, 2001criminal-lawstatutory-rapekidnapping-with-raperevised-penal-coderapesupreme-court

Reevaluating Guilt Statutory Rape vs Kidnapping with Rape in the Philippines

The Supreme Court clarifies when a sexual offense against a minor is statutory rape rather than kidnapping with rape, and the penalties that follow.

Oct 25, 2001partnershipcivil lawprofit-sharinglending businessindustrial partnersupreme court

Partnership vs Employment: Sharing Profits in Lending Ventures Under Philippine Law

Philippine Supreme Court clarifies when profit-sharing in a lending business creates a partnership, not an employment relationship, and how profits are computed.

Oct 25, 2001criminal-lawrapeconsentvoluntarinessevidencesupreme-court

Consensual Encounter vs Rape: Proving Lack of Voluntariness in Sexual Assault Cases

When does a sexual encounter become rape? The Supreme Court explains why consent and voluntariness matter in rape prosecutions.

Oct 25, 2001treacherymurderhomicidecriminal-lawrpcqualifying-circumstances

Treachery Unveiled: Distinguishing Murder From Homicide in Philippine Law

The Supreme Court clarifies when treachery turns a killing into murder, and when it remains homicide, in People v. Reyes.

Oct 25, 2001criminal-lawrapepresumption-of-innocencecredibility-of-witnessesreasonable-doubtsupreme-court

Protecting the Vulnerable: Child Rape Testimony and the Rebuttal of Presumption of Innocence

The Supreme Court acquits a rape accused, underscoring that credible testimony and proof beyond reasonable doubt are essential to overcome the presumption of innocence.

Oct 23, 2001criminal-lawdrug-salereasonable-doubtphilippine-courtsevidenceconviction

Beyond Reasonable Doubt: Navigating the Perils of Drug Sale Convictions in the Philippines

Learn how Philippine courts assess drug sale cases, the burden of proof, and why credible evidence matters in convictions.

Oct 23, 2001legal-ethics

Judicial Accountability Timely Case Resolution AND Disciplinary Actions FOR Delays

Oct 23, 2001criminal lawtreacheryconspiracyfrustrated homicidereasonable doubteyewitness testimony

Treachery and Conspiracy in Group Killings: Lessons from Bartocillo v. People

A Philippine Supreme Court ruling on when conspiracy and treachery fail in group attack cases, and why credible eyewitness testimony matters.

Oct 23, 2001ejectmentsecondary evidencelease contractcivil lawrules of courtlost document

Proving a Lost Lease with Secondary Evidence and Ejectment Rights in Philippine Law

How Philippine courts allow secondary evidence to prove a lost lease contract, and when a lessor may eject a non-paying tenant.

Oct 23, 2001judicial ethicsadministrative case90-day periodcode of judicial conductsupreme courtjudges

Judges Must Decide Cases on Time: Lessons from the Calingin Administrative Case

The Supreme Court fined a judge for delayed decisions. Learn the rules on the 90-day period and what counts as valid excuses.