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显示第 20329–20352 篇,共 24,861 篇文章

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Aug 10, 2001contractspublic policyconsultancy agreementinfluence peddlingcorporate lawsupreme court

Enforceability of Consultancy Agreements: Influence Peddling and Public Policy

When a consultancy agreement rests on influence peddling with government officials, Philippine courts will not enforce it as against public policy.

Aug 10, 2001election-law

Appeal Denied THE Strict Timeline FOR Perfecting Election Case Appeals

Aug 9, 2001compromise agreementconsentcontract lawcivil codephilippine jurisprudence

The Essence of Consent When a Contract Addendum Fails as a Valid Compromise Agreement

A Philippine Supreme Court ruling explains why a contract addendum rejected by one party cannot later be ratified as a compromise agreement once the other party has revoked it.

Aug 9, 2001civil-lawpropertycommodatumsaleownershiprecovery

Sale vs Commodatum: Property Rights and Contractual Intent in Philippine Law

Philippine Supreme Court clarifies how to distinguish sale from commodatum, and why proving ownership in recovery actions requires clear evidence of title and identity.

Aug 9, 2001civil procedureappealsdeadlinesrules of courtphilippine law

Timeliness of Appeals When Weekends Extend Deadlines in Philippine Law

Learn how Philippine courts compute appeal deadlines when weekends intervene, and why timing can decide a case's fate.

Aug 9, 2001treacherymurderfrustrated murderattempted murderrevised penal code

Treachery in Murder and Homicide: Intent and Qualifying Circumstances Explained

Understand treachery as a qualifying circumstance in murder, and the difference between frustrated and attempted murder under Philippine law.

Aug 9, 2001legal ethicstemporary restraining orderadministrative circular 20-95judicial misconductgross ignorance of lawphilippine courts

Upholding Attorney Accountability: Judge Fined for Improper Ex Parte TRO Issuance

Supreme Court holds judge liable for issuing 20-day TRO without summary hearing, violating Administrative Circular No. 20-95.

Aug 9, 2001criminal-lawalibipositive-identificationevidencemurdersupreme-court

Alibi vs Positive Identification: The Physical Impossibility Test in Criminal Defense

Philippine Supreme Court clarifies when alibi fails against positive identification, requiring proof of physical impossibility to be at the crime scene.

Aug 9, 2001sheriffsadministrative casewrit of executiondereliction of dutyrule 141rule 39

Sheriff's Dereliction of Duty: Strict Rules on Execution Writs and Due Process

A sheriff's failure to follow execution procedures and return deadlines results in administrative liability, as shown in this administrative case.

Aug 9, 2001rapemental incapacitycriminal lawevidencesupreme courtphilippines

Rape and Mental Incapacity: Ensuring Justice for Vulnerable Victims in the Philippines

The Supreme Court affirms a rape conviction of a mentally disabled victim, clarifying rules on witness credibility and proper charges.

Aug 9, 2001property-lawreconveyanceland-ownershipevidencecivil-codesupreme-court

Upholding Land Ownership Claims: The Importance of Evidentiary Proof in Reconveyance Disputes

A Supreme Court ruling on reconveyance underscores that ownership claims must be proven by clear evidence, not mere allegations.

Aug 9, 2001criminal lawraperevised penal codequalifying circumstancesinformationsupreme court

When Rape Charges Are Not Qualified: The Importance of Specific Allegations in the Information

A Supreme Court ruling shows why qualifying circumstances in rape must be specifically alleged in the information to warrant the death penalty.

Aug 9, 2001criminal lawconspiracyaccomplicemurderrevised penal codephilippine supreme court

Accomplice Liability in Murder: Distinguishing Conspiracy From Spontaneous Action

Philippine Supreme Court ruling clarifies when a person present at a crime becomes liable as a co-principal versus a mere accomplice.

Aug 9, 2001due processtemporary restraining orderproperty rightsjudicial ethicsadministrative circular 20-95

The Limits of Property Rights: Ensuring Due Process in Demolition Cases

A judge's 20-day ex parte TRO violated due process. Learn the rules on temporary restraining orders in property disputes.

Aug 9, 2001property rightsdue processeminent domaincivil codedemolitionabuse of rights

Premature Demolition and Due Process: When Property Rights Clash with Fair Play

A Supreme Court ruling on how premature demolition violates due process and the abuse of rights principle under Article 19 of the Civil Code.

Aug 9, 2001criminal lawrobbery with homicideeyewitness testimonystandard of proofcredibility of witnessesrevised penal code

Eyewitness Testimony and the Standard of Proof in Robbery with Homicide Cases

How Philippine courts weigh eyewitness identification against denial in robbery with homicide, and what it means for the burden of proof.

Aug 8, 2001rapecriminal lawqualifying circumstancesevidencereclusion perpetuadeath penalty

Rape Conviction Modified: When Qualifying Circumstances Must Be Alleged

The Supreme Court modifies a rape conviction, acquitting the accused on three counts for insufficient evidence and ruling on the necessity of alleging qualifying circumstances.

Aug 8, 2001criminal lawmurderconspiracyaggravating circumstancesrevised penal codesupreme court

Accountability for Group Violence: Assessing Liability and Intent in Philippine Law

How Philippine courts assign criminal liability when multiple persons conspire to commit murder, and when aggravating circumstances apply.

Aug 8, 2001philippine-law

Accountability IN Criminal Conspiracy THE Reach OF Robbery With Homicide

Aug 7, 2001civil-law

Navigating Extrajudicial Foreclosure Safeguarding Rights AND Streamlining Procedures

Aug 6, 2001hot pursuit arrestwarrantless arrestchain of custodyillegal drugsra 9165exclusionary rule

When Police Tips Fail: Hot Pursuit Arrests and Drug Evidence in Philippine Courts

The Supreme Court acquits a drug suspect, clarifying when warrantless hot pursuit arrests are invalid and seized drugs inadmissible.

Aug 2, 2001labor-lawillegal-dismissalmedical-certificationdue-processterminationlabor-code

Medical Certification and Due Process in Employee Dismissal: Protecting Workers from Arbitrary Termination

Philippine Supreme Court ruling on Cathay Pacific v. NLRC clarifies rules on medical certification and due process in employee dismissal for disease.

Aug 2, 2001criminal lawrapemental capacityevidencerevised penal codesupreme court

Mental Capacity and Rape in Philippine Law: The Hamto Case

How Philippine courts treat mentally retarded rape victims' testimony, and why mental age matters in proving rape.

Jul 31, 2001administrative lawombudsmanpreventive suspensionmootnesscivil service

Mootness in Administrative Cases When Dismissal Renders Judicial Review Unnecessary

When the Ombudsman dismisses administrative charges, a pending petition questioning a preventive suspension order becomes moot. The Supreme Court explains.