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显示第 20641–20664 篇,共 24,861 篇文章

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Apr 4, 2001pretrialdefault judgmentnoticelegal counselcompromise agreementcivil procedure

The Perils of Compromise When Legal Counsel Exceeds Authority in Criminal Cases

Learn how defective pretrial notice can void default judgments and why counsel's authority to compromise has strict limits.

Apr 3, 2001criminal-law

Incestuous Rape Protecting Victims Rights AND Ensuring DUE Process IN Criminal Prosecutions

Apr 3, 2001murderhomicidetreacheryevident premeditationcriminal lawrevised penal code

Treachery and Intent: Differentiating Murder and Homicide in Philippine Law

The Supreme Court clarifies when treachery qualifies a killing as murder and when it remains homicide, in People v. Lucena.

Apr 3, 2001academic freedomcivil serviceuniversity of the philippinesfaculty retentionadministrative lawsupreme court

Academic Freedom vs Civil Service Rules: UP Wins Faculty Retention Case

Supreme Court rules UP's academic freedom lets it retain a professor despite AWOL, overriding CSC's automatic separation directive.

Apr 3, 2001presidential immunityexecutive powerconstitutional lawaccountabilitymalacanang

Presidential Immunity vs Accountability: Limits of Power After Leaving Office

The Supreme Court clarifies that presidential immunity shields sitting presidents from suit, but accountability resumes once they leave office.

Apr 2, 2001habeas corpusdeportationimmigration lawbureau of immigrationphilippine immigration actjudicial intervention

Deportation and Habeas Corpus: The Limits of Judicial Intervention in Immigration Cases

The Supreme Court clarifies when courts may issue the writ of habeas corpus in deportation cases involving undocumented aliens.

Apr 2, 2001criminal lawcircumstantial evidenceparricideeyewitness identificationreasonable doubt

When Identification Fails: The Teves Parricide Acquittal and the Limits of Circumstantial Evidence

The Supreme Court acquits a parricide convict, showing how suggestive identification and weak circumstantial evidence cannot support a conviction beyond reasonable doubt.

Apr 2, 2001habeas corpusimmigrationdeportationbureau of immigrationphilippine immigration act

Habeas Corpus Cannot Free Undocumented Alien with Tampered Passport

Supreme Court rules habeas corpus cannot be issued when BID has validly ordered deportation of an alien found using a tampered, cancelled passport.

Apr 2, 2001conditional donationcivil lawdeed of donationacceptanceschool purposes

Conditional Donations: Upholding Intent Despite Technicalities in Philippine Law

The Supreme Court ruled that substantial compliance with donation formalities and the donor's intent prevail over technical defects in accepting conditional donations.

Apr 2, 2001habeas corpusdeportationbureau of immigrationimmigration lawphilippine immigration actsupreme court

Habeas Corpus and Deportation: What Tung Chin Hui v. Rodriguez Means for Aliens in the Philippines

The Supreme Court clarifies when habeas corpus is available to aliens facing deportation orders from the Bureau of Immigration.

Mar 30, 2001criminal procedureamendment of informationright to be informedarraignmentrule 110

Amending Informations After Arraignment: Rights of the Accused vs. Prosecutorial Efficiency

When can the prosecution amend an Information after arraignment? The Supreme Court clarifies the rules on substantial vs. formal amendments.

Mar 30, 2001criminal-lawrapedeath-penaltyevidencechild-testimonysupreme-court

Eyewitness Identification and Child Rape Testimony: Lessons from People v. Padilla

How Philippine courts assess a child rape victim's testimony, qualifying circumstances for death penalty, and evidentiary rules.

Mar 30, 2001rapecriminal lawpenetrationconsentphilippine jurisprudence

Rape and Consent: The Threshold of Penetration in Philippine Law

A soft penis can still consummate rape. The Supreme Court explains why the slightest penetration of the labia is enough, and why consent defenses often fail.

Mar 28, 2001criminal lawrapereasonable doubtcredibility of witnessesalibisupreme court

Reasonable Doubt and Credibility in Rape Cases: Lessons from People v. Balano

The Supreme Court affirms a rape conviction, explaining how credible victim testimony outweighs alibi and the absence of medical examination.

Mar 28, 2001local government codesanggunian vacanciespolitical partysuccessionelection law

Party Representation Prevails in Filling Sanggunian Vacancies Under Local Government Code

Supreme Court clarifies how permanent vacancies in the Sanggunian are filled, emphasizing party representation under the Local Government Code.

Mar 28, 2001labor-lawnlrctemporary-restraining-orderjurisdictionjudicial-ethicsexecution

Upholding Labor Tribunal Authority Regular Courts Barred From Enjoining Nlrc Decisions

Philippine Supreme Court affirms that regular courts cannot issue TROs against NLRC decisions, holding a judge liable for gross ignorance of the law.

Mar 28, 2001speedy trialsandiganbayanfalsificationombudsmancriminal procedureconstitutional rights

Speedy Trial Rights: Government Delay Leads to Dismissal of Falsification Charges

Supreme Court rules Sandiganbayan must dismiss falsification cases after Ombudsman's decade-long delay violated petitioner's constitutional right to speedy disposition.

Mar 28, 2001administrative-lawjudicial-efficiencyspeedy-dispositionrules-on-summary-procedurecode-of-judicial-conduct

Upholding Judicial Efficiency: The Consequences of Delay in Case Resolution

A judge's four-month delay in deciding a summary procedure case leads to a fine, reinforcing the constitutional right to speedy disposition of cases.

Mar 28, 2001labor-lawillegal-dismissaldishonestytime-recordsterminationsupreme-court

Dishonesty in the Workplace: Falsification of Time Records as Grounds for Dismissal

Philippine Supreme Court ruling on employee dismissal for falsifying daily time records, and the legal basis under the Labor Code.

Mar 28, 2001agricultural tenancycivil law leasesecurity of tenurera 3844ejectmentfishpond

Distinguishing Civil Law Lease From Agricultural Tenancy Security of Tenure in Philippine Law

Philippine Supreme Court clarifies when a fishpond lease is a civil contract, not an agricultural tenancy with security of tenure.

Mar 28, 2001rapecriminal-lawrevised-penal-codevictim-testimonymoral-damagesstepfather

Stepfather's Rape Conviction Upheld on Credible Victim Testimony

SC affirms stepfather's rape conviction, ruling a credible child victim's testimony alone suffices for conviction beyond reasonable doubt.

Mar 28, 2001speedy trialconstitutional rightssandiganbayanombudsmancriminal procedurefalsification

Speedy Trial Rights: Prolonged Government Inaction Violates Constitutional Protections

When government delay, not the accused, stalls a case for years, the constitutional right to speedy disposition is violated.

Mar 28, 2001due processcivil procedurecommissionerauditfinancial disputesrules of court

Due Process and Audit Reports: Fair Hearings in Financial Disputes

When courts appoint commissioners to audit financial records, due process requires formal hearings—not just interviews. The Supreme Court explains why.

Mar 28, 2001criminal-lawrapeevidencewitness-testimonysupreme-courtphilippines

The Weight of a Witness Conviction Based on Uncorroborated Testimony in Philippine Rape Law

Philippine Supreme Court explains when a single, credible victim testimony suffices to convict in rape cases, and why corroboration is not always required.