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显示第 20905–20928 篇,共 24,861 篇文章

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Jan 30, 2001criminal-lawcircumstantial-evidencereasonable-doubtrules-of-courtrape-with-homicidesupreme-court

Reasonable Doubt Prevails: Circumstantial Evidence and the Limits of Inference in Philippine Law

The Supreme Court acquits in People v. Solis, showing when circumstantial evidence fails and why inferences cannot be stacked.

Jan 30, 2001criminal-lawconspiracyhomicidemurderevidencecredibility

Conspiracy and Liability in Philippine Murder Cases: The Uriarte Doctrine

A look at how Philippine courts handle conspiracy, witness credibility, and conflicting medical evidence in homicide cases.

Jan 29, 2001civil procedurepreliminary investigationservice of pleadingsdoj rulesmandamusbouncing checks law

Service of Resolutions When DOJ Rules Prevail Over the Rules of Court

When do DOJ rules on service of resolutions override the Rules of Court? The Supreme Court clarifies in Tam Wing Tak v. Makasiar.

Jan 29, 2001administrative lawcareer executive servicesecurity of tenurecivil serviceces eligibilitygovernment appointments

Security of Tenure in the Career Executive Service: Eligibility Alone Is Not Enough

CES eligibility alone does not confer security of tenure. Appointment to the appropriate CES rank is also required, as explained in General v. Roco.

Jan 29, 2001reckless imprudencecivil liabilityacquittaldouble jeopardydamagesnegligence

Civil Liability After Acquittal: When Acquittal Does Not Erase Damages in Reckless Imprudence Cases

Acquittal on reasonable doubt does not extinguish civil liability. Learn the rules from Manantan v. Court of Appeals.

Jan 29, 2001murdertreacherycriminal lawevidencesupreme courtphilippines

When Flight Equals Guilt Examining Evidence AND Treachery IN Philippine Murder Cases

The Supreme Court affirms murder convictions, clarifying flight, treachery, and evidence rules in criminal cases.

Jan 29, 2001criminal lawacquittalcivil liabilityreasonable doubtself-defensevoluntary surrender

Civil Liability After Acquittal When Reasonable Doubt Doesnt Erase Responsibility

When acquittal rests on reasonable doubt, civil liability may still stand. Learn how Philippine courts separate criminal from civil responsibility.

Jan 29, 2001self-defensehomicidecriminal lawwitness credibilitydefense of relativevoluntary surrender

Self Defense and Credibility: Redefining Homicide Conviction in the Philippines

The Supreme Court explains Philippine rules on self-defense, defense of a relative, and witness credibility in affirming a homicide conviction.

Jan 29, 2001expropriationsmall property ownersra 7279urban land reformeminent domainphilippine real estate

The Perils of Verbal Land Deals: Why Written Authority Is Non-Negotiable in Philippine Real Estate

Learn how the Supreme Court protects small property owners from expropriation and why written authority is crucial in Philippine land deals.

Jan 29, 2001banking lawcheck fraudnegotiable instrumentsbank liabilitydue diligencecommercial law

Check Fraud and Bank Liability: Lessons from Ford Philippines vs. Citibank and PCIBank

Philippine Supreme Court ruling on bank liability for fraudulently negotiated checks, crossing, due diligence, and comparative negligence.

Jan 29, 2001treacherymurdercriminal lawself-defenserevised penal code

Treachery in Criminal Law: When Unexpected Attacks Constitute Murder

The Supreme Court explains when a sudden, unexpected attack constitutes treachery and qualifies a killing as murder under Philippine law.

Jan 29, 2001civil lawpledgereplevinagencydepositproperty rights

Unauthorized Pledge of Another's Property: Ownership Prevails in Replevin Action

A son's unauthorized pledge of his father's tractor as security for personal debt fails; the owner's right to recover possession prevails.

Jan 26, 2001civil-lawnovationcontractsobligationsdebtor-substitutionsupreme-court

Novation by Implied Consent: When a Creditor's Silence Speaks Volumes

Philippine Supreme Court ruling on how a creditor's failure to object to a debtor substitution can constitute implied consent to novation.

Jan 26, 2001legal ethicsconflict of interestcode of professional responsibilitysuspensioncorporation law

Attorney Suspended for Representing Conflicting Interests in Corporate Dispute

The Supreme Court suspended a lawyer for six months after finding she acted for conflicting interests in a corporation she helped organize and later led as president.

Jan 26, 2001demurrer to evidencecriminal procedurerule 119certiorarigatdula case

Demurrer to Evidence: The Accused's Right vs. the Trial Court's Discretion

A demurrer to evidence tests the prosecution's case, but trial courts hold broad discretion. Learn the limits of this remedy.

Jan 26, 2001administrative-law

Navigating Ethical Boundaries When PRO Bono Legal Work Requires Prior Authorization

Jan 26, 2001customs lawadministrative lawjurisdictionexhaustion of administrative remediesimportationabandonment

Jurisdictional Boundaries: Appealing Customs Decisions and Exhausting Administrative Remedies in Importation D

Philippine Supreme Court ruling on why importers must appeal customs abandonment decisions to the Commissioner and CTA, not RTC.

Jan 25, 2001civil procedurepreliminary injunctionraffle of casesservice of summonsrule 58

Raffle of Cases With Injunction Prayers: Notice Rules and Exceptions

When can a case with an injunction prayer be raffled without notice to all parties? The Supreme Court explains the exceptions.

Jan 25, 2001criminal lawkidnappingchild witnessevidencecredibilityspeedy trial

Child Witness Credibility in Kidnapping Cases: People v. Rama

How Philippine courts assess the credibility of very young child witnesses in kidnapping cases, explained through People v. Rama.

Jan 25, 2001criminal lawconspiracymurderevidencesupreme court

Guilt by Association: The Limits of Conspiracy in Philippine Criminal Law

The Supreme Court clarifies that mere presence at a crime scene does not prove conspiracy, acquitting an accused while affirming a co-accused's murder conviction.

Jan 24, 2001criminal-lawrapedeath-penaltychild-protectionjurisprudenceevidence

Protecting the Vulnerable: Upholding the Death Penalty in Child Rape Cases

The Supreme Court affirms the death penalty for the rape of a six-year-old, detailing the rules on victim credibility and evidence.

Jan 24, 2001illegal recruitmentlabor codecriminal lawburden of proofparental authoritysupreme court

Parental Authority and the Burden of Proof in Philippine Illegal Recruitment Cases

Explaining the Supreme Court's ruling on large-scale illegal recruitment, the burden of proof, and why parental authority matters in criminal cases.

Jan 24, 2001criminal lawmurdercrueltyaggravating circumstancerevised penal codesupreme court

When Brutality Escalates: Establishing Cruelty as an Aggravating Circumstance in Murder Convictions

The Supreme Court explains how cruelty as an aggravating circumstance elevates homicide to murder, using the Valdez decapitation case as a guide.

Jan 24, 2001self-defenseunlawful aggressionjustifying circumstancesrevised penal codehomicidecriminal law

When Does Self-Defense Hold Up in Court? Examining Unlawful Aggression

The Supreme Court explains why self-defense failed in a police shooting case, and what unlawful aggression really requires.