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显示第 20161–20184 篇,共 24,861 篇文章

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Sep 26, 2001criminal-lawraperobbery-with-rapealibiforcible-abductionpenalties

Robbery With Rape and Forcible Abduction: Lessons From People v. Napud

A 2001 Supreme Court ruling explains why the absence of physical injuries does not defeat a rape charge, and how robbery with rape is punished.

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, 2001criminal lawraperobberyvictim testimonyalibireclusion perpetua

Rape and Robbery Conviction: Victim Testimony and Penalties for Heinous Crimes

Philippine Supreme Court ruling on rape and robbery with rape, victim testimony credibility, alibi defense, and penalties under RA 7659.

Sep 25, 2001rescissioncivil lawarticle 1592land salephilippine law

Rescinding a Land Sale in the Philippines: Why a Letter Is Not Enough

Philippine law requires a judicial or notarial act to rescind a sale of immovable property—even with an automatic rescission clause.

Sep 25, 2001criminal-lawbuy-bustwarrantless arrestdangerous-drugsevidenceentrapment

Buy-Bust Operations: Admissibility of Evidence and Validity of Warrantless Arrests in Drug Cases

The Supreme Court clarifies that buy-bust operations need no marked money or prior surveillance; warrantless arrests in flagrante delicto are valid.

Sep 25, 2001rapecriminal lawcredibilityburden of proofalibisupreme court

The Testimony of a Rape Victim: Credibility and the Burden of Proof in Philippine Law

How Philippine courts weigh a rape victim's testimony against an alibi defense, and why credibility is key.

Sep 24, 2001criminal lawrapeincestdeath penaltyrevised penal codesupreme court

Father's Incestuous Rape of Daughter: Supreme Court Affirms Death Penalty

Supreme Court affirms death penalty for a father who raped his 14-year-old daughter, explaining the legal rules on incestuous rape and damages.

Sep 24, 2001construction lawciacarbitrationliquidated damagesimplied takeoverphilippine law

Construction Disputes: CIAC Jurisdiction, Implied Takeovers, and Liquidated Damages

The Supreme Court clarifies when CIAC factual findings are reviewable, what constitutes an implied takeover, and how liquidated damages are computed in construction disputes.

Sep 24, 2001criminal lawtreacherymistaken identitymurderhomiciderevised penal code

Mistake of Identity and the Limits of Treachery: Intent in Criminal Liability

The Supreme Court clarifies when mistaken identity negates treachery and how intent shapes murder versus homicide liability in the Philippines.

Sep 24, 2001criminal-lawrapecredibilitywitness-testimonyalibisupreme-court

Credibility Is Key: How Philippine Courts Decide Rape Cases on Witness Testimony

Philippine courts weigh victim credibility heavily in rape cases. This article explains the rules from People v. Galvez, including alibi and damages.

Sep 24, 2001criminal-lawright-to-counselarraignmentcapital-offensesdue-processrape

Right to Counsel and Fair Arraignment in Capital Offenses: Lessons from People v. Aranzado

The Supreme Court reminds trial courts that a guilty plea in capital cases demands a searching inquiry and genuine counsel.

Sep 24, 2001criminal-lawrapeincestchild-victimstestimonysupreme-court

Incestuous Rape: Why Philippine Courts Trust Child Victims' Testimony

Philippine Supreme Court affirms death penalty for incestuous rape, explaining why a child victim's testimony is credible evidence.

Sep 24, 2001criminal-lawdue-processguilty-pleacapital-offenserules-of-courtsupreme-court

Due Process in Capital Offenses: Ensuring Informed Guilty Pleas in the Philippines

The Supreme Court clarifies the mandatory requirements for accepting guilty pleas in capital cases, emphasizing due process and the accused's right to informed judgment.

Sep 24, 2001incestuous rapemoral ascendancycriminal lawrapesupreme courtphilippines

Incestuous Rape: When a Father's Moral Ascendancy Replaces Force and Intimidation

The Supreme Court explains how a father's moral ascendancy over his daughter substitutes for force and intimidation in incestuous rape cases.

Sep 21, 2001criminal lawrapeconsentreasonable doubtjurisprudence

Consensual Encounter or Rape: Navigating the Fine Line of Consent in Philippine Law

The Supreme Court acquits a jeepney driver of rape, explaining when courts may treat sexual intercourse as consensual despite a complainant's allegations.

Sep 21, 2001criminal-lawself-defensetreacheryhomicidecriminal-liabilitysupreme-court

Self-Defense vs. Murder: Proving Treachery and Criminal Liability in the Philippines

Philippine Supreme Court explains self-defense, treachery, and criminal liability in homicide cases. Learn the legal requisites and evidentiary standards.

Sep 21, 2001constitutional-law

Pcggs Sequestration Powers Balancing Government Authority AND Constitutional Rights IN Corporate Takeovers

Sep 21, 2001administrative-lawgovernment-employeessimple-misconductcode-of-conductcivil-servicejudiciary

Drunkenness on Duty: Upholding Ethical Standards for Government Employees in the Philippines

The Supreme Court suspends a court employee for six months for drinking on duty, reaffirming that public office is a public trust.

Sep 21, 2001criminal-lawhomicideeyewitness-testimonyalibireasonable-doubtevidence

When Eyewitness Testimony Outweighs Alibi in Philippine Homicide Cases

Philippine Supreme Court ruling on why positive eyewitness identification prevails over alibi and denial in homicide prosecutions.

Sep 21, 2001ombudsmangraftprobable causesandiganbayanra-3019grave-abuse-of-discretion

Judicial Overreach Reassessing Ombudsmans Discretion In Anti Graft Prosecutions

When can courts overturn an Ombudsman's finding of probable cause? The Supreme Court clarifies the limits of prosecutorial discretion.

Sep 20, 2001criminal lawattempted robberyhomicidecomplex crimerevised penal codesupreme court

Attempted Robbery With Homicide: Liability When the Robbery Fails

The Supreme Court explains when a failed robbery that ends in death becomes the complex crime of attempted robbery with homicide.

Sep 20, 2001filiationinheritancecivil lawsupreme courtevidenceestate settlement

Establishing Filiation: The Imperative of Conclusive Evidence in Inheritance Disputes

Philippine Supreme Court ruling on proving filiation in inheritance cases, highlighting the need for conclusive evidence and final judgments.

Sep 20, 2001criminal-lawombudsmanprosecutiondiscretiondue-processanti-graft

Discretion and Due Process: The Secretary of Justice’s Power to Review Prosecution Decisions

Explaining Garcia-Rueda v. Amor: why the Ombudsman cannot second-guess prosecutors' findings, and where the Secretary of Justice's review power lies.

Sep 20, 2001preliminary investigationdereliction of dutyjudicial discretionadministrative caserule 112criminal procedure

Judicial Duty vs Dereliction: Balancing Discretion and Due Diligence in Preliminary Investigations

A judge's dismissal of a case without proper preliminary investigation constitutes dereliction of duty, as shown in this administrative case.