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显示第 20137–20160 篇,共 24,860 篇文章

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Oct 2, 2001criminal-lawdangerous-drugsra-6425illegal-drugstransportationmalum-prohibitum

Transporting Illegal Drugs Knowledge IS NOT Required FOR Conviction

The Supreme Court clarifies that transporting illegal drugs is malum prohibitum—knowledge of the drugs is not required for conviction.

Oct 2, 2001writ of executiondue processfinal judgmentcivil procedurerules of court

Bouncing Checks AND DUE Process Actual Notice Required FOR Conviction

A writ of execution requires a final judgment; issuing one before trial violates due process and is void.

Oct 2, 2001property-lawchattel-mortgagereal-estate-mortgageforeclosurecivil-codesupreme-court

Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights

Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.

Oct 2, 2001writ of executionfinal judgmentcivil proceduredue processpremature executionphilippine law

Premature Execution: Why a Writ Without Final Judgment Is Void

Philippine Supreme Court clarifies that a writ of execution requires a final judgment. Learn from David v. Velasco why premature enforcement is void.

Oct 1, 2001express warrantyprescription periodconsumer rightsphilippine lawcontract lawwarranty claims

Missed Your Warranty Understanding Prescription Periods FOR Express Warranties IN THE Philippines

Learn how Philippine law treats express warranties and their prescription periods, and what consumers must know to protect their rights.

Oct 1, 2001criminal-lawguilty-pleacapital-offensesearching-inquiryrapedue-process

Searching Inquiry and Voluntariness in Guilty Pleas: Protecting the Accused in Capital Offenses

A guilty plea to a capital offense demands a searching inquiry. This case shows what happens when a court fails that duty.

Oct 1, 2001criminal procedureguilty pleasearching inquiryrapedeath penaltydue process

When a Guilty Plea in a Rape Case Fails: The Searching Inquiry Requirement

The Supreme Court vacated a death sentence because the trial court failed to conduct a searching inquiry into a guilty plea. Learn the mandatory rules.

Sep 28, 2001sheriffswrit implementationadministrative lawabuse of authorityreplevincourt procedure

Sheriff's Authority: Limits and Liabilities in Writ Implementation

A sheriff who deputizes police to enforce a writ outside his jurisdiction commits abuse of authority, as Torres v. Cabesuela shows.

Sep 28, 2001criminal-lawdying-declarationcircumstantial-evidencehomicideevidencerules-of-court

Dying Declarations and Circumstantial Evidence Proving Homicide Beyond Reasonable Doubt

When a dying victim names her assailant, that statement can convict—but only if the prosecution proves every element beyond reasonable doubt.

Sep 28, 2001criminal-lawmurderalibipositive-identificationcredibility-of-witnessesconspiracy

Positive Identification Trumps Alibi in Murder Conviction of Sleeping Victim

Supreme Court affirms murder conviction, ruling that credible eyewitness identification prevails over alibi and denial in Philippine criminal law.

Sep 28, 2001criminal-lawconspiracyself-defensemurderrevised-penal-codesupreme-court

Conspiracy and the Absence of Self-Defense: Collective Criminal Liability in Group Attacks

Philippine Supreme Court ruling on conspiracy, self-defense claims, and collective liability in group attacks resulting in murder.

Sep 28, 2001stock transfercorporation codesecuritiescommercial lawcorporate law

Perfecting Stock Transfers: Delivery and Indorsement Are Key to Ownership

Philippine Supreme Court clarifies that a deed of assignment alone does not transfer stock ownership—delivery and indorsement of certificates are essential.

Sep 28, 2001criminal lawmurderconspiracyeyewitness testimonyalibitreachery

Eyewitness Testimony and Conspiracy in Murder: Lessons from People v. Aquino

The Supreme Court affirms murder convictions based on credible eyewitness identification and conspiracy, explaining when alibi fails and how treachery is proven.

Sep 28, 2001torrens-systemreal-estate-mortgageinnocent-mortgageeland-registrationphilippine-lawproperty-law

Protecting Innocent Mortgagees: Good Faith and Reliance on Torrens Titles in the Philippines

Philippine Supreme Court ruling on how innocent mortgagees who rely on Torrens titles are protected, even when the mortgagor's title was fraudulently obtained.

Sep 28, 2001property-lawland-registrationdefault-orderscivil-proceduresupreme-court

Lifting Default Orders: Balancing Justice and Timeliness in Land Registration

Philippine Supreme Court ruling on when courts may lift a general default order in land registration cases, requiring proof of fraud, accident, or excusable neglect.

Sep 28, 2001suretyshipguarantysolidary liabilitycontract-lawcivil-codesupreme-court

Surety's Solidary Liability: The True Extent of Guarantees in Philippine Law

Philippine Supreme Court clarifies when a "guarantee" becomes a suretyship, making the surety solidarily liable with the principal debtor.

Sep 28, 2001criminal-lawrapeforce-and-intimidationrevised-penal-codesupreme-courtpeople-vs-carbonell

Rape Conviction Upheld: Force and Intimidation in Consensual Relationships

The Supreme Court affirms rape convictions, ruling that force and intimidation are relative and can exist even without a weapon, especially when the victim is young and alone.

Sep 27, 2001criminal-lawhomiciderobbery-with-homicideevidenceidentificationrevised-penal-code

Positive Identification Trumps Weak Defenses in Homicide Conviction

Learn how the Supreme Court distinguished homicide from robbery with homicide, and why positive identification defeated weak defenses in this Philippine case.

Sep 27, 2001religious corporationscorporation codedue processfinality of judgmentsecmembership expulsion

When Church Expulsions Bind Civil Courts: The Finality Rule in Religious Corporation Disputes

Philippine Supreme Court ruling on religious corporation member expulsions, due process, and the binding effect of final SEC decisions.

Sep 27, 2001legal ethicsattorney negligencedisbarmentcode of professional responsibilitysupreme courtlegal representation

Attorney Negligence Upholding Diligence AND Accountability IN Legal Representation

A lawyer's failure to file an appellant's brief led to a one-year suspension, reinforcing the duty of diligence in legal representation.

Sep 26, 2001legal ethicsattorney negligencecode of professional responsibilityclient communicationdisbarment

Attorney Neglect: Upholding Diligence and Communication in Client Representation

A lawyer who forgets a client's case and fails to inform them of its status breaches the Code of Professional Responsibility and faces sanctions.

Sep 26, 2001contract-lawrescissioncivil-codereal-propertysupreme-courtphilippines

Compromise Agreements Upholding Party Autonomy IN Contract Disputes

Philippine Supreme Court clarifies that rescission of a contract for sale of real property requires judicial or notarial act, not mere letter.

Sep 26, 2001rapecriminal-lawcredibilityidentificationsupreme-court

Rape Conviction Upheld Identifying the Accused Despite Initial Hesitation in Reporting the Crime

The Supreme Court affirms a rape conviction, ruling that a victim's delay in reporting and initial hesitation do not weaken her credible identification of the accused.

Sep 26, 2001lachesland registrationproperty lawtorrens systemjurisdictioncivil law

Laches and Land Registration: When Delay Bars Legal Recourse in Property Disputes

The Supreme Court explains how laches can bar a party from attacking a land registration decree, even on jurisdictional grounds.