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显示第 21193–21216 篇,共 24,861 篇文章

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Oct 18, 2000sheriffsexecutionexcessive levymisconductremedial lawcivil procedure

Sheriffs Duty in Judgment Execution: Avoiding Excessive Levy and Misconduct

Philippine Supreme Court ruling on sheriffs' duty to avoid excessive levy in judgment execution and the consequences of misconduct.

Oct 18, 2000rapecriminal lawpenetrationminorssupreme court

Slightest Penetration Is Rape: How Philippine Law Protects Minors

In People v. Teves, the Supreme Court ruled that the slightest penetration consummates rape, and that an intact hymen does not defeat a rape charge.

Oct 18, 2000criminal-law

Improvident Plea OF Guilt IN Philippine Criminal Cases Supreme Court Разъясняет Doctrine

Oct 18, 2000promissory notesloan agreementsinvestment transactionsphilippine lawforgerylegal ethics

Promissory Notes vs Loan Agreements: Legitimacy in Philippine Investment Transactions

Philippine Supreme Court clarifies when loan documents are legitimate investments, using a disbarment case to explain forgery, consent, and moral character.

Oct 18, 2000criminal lawrapeevidencetestimonyphilippine supreme court

Credibility in Philippine Rape Cases: Why Corroborating Evidence Isn't Always Necessary

Philippine courts can convict on credible lone testimony in rape cases; corroboration isn't always required. Learn the rules.

Oct 18, 2000legal ethicsdisbarmentadministrative casegood moral characterforgeryimmorality

Holding Lawyers Accountable: Lessons from a Disbarment Case on Forgery and Immorality

The Supreme Court suspended a lawyer for forging his wife's signature and siring a child out of wedlock, reaffirming that lawyers must maintain good moral character at all times.

Oct 18, 2000garnishmentexecution pending appealpublic fundsphilippine coconut authoritycivil proceduresupreme court

Protecting Public Funds: Garnishment and Execution Pending Appeal in the Philippines

When can a government agency's funds be garnished? The Supreme Court explains the limits of execution pending appeal.

Oct 17, 2000subsidiary liabilitycriminal negligenceemployer liabilityrevised penal codecatacutan casereckless imprudence

Employer Subsidiary Liability in Philippine Criminal Law: The Catacutan Doctrine

Philippine employers can be held subsidiarily liable for damages from employees' criminal negligence. Learn the rules from Catacutan v. Heirs of Kadusale.

Oct 17, 2000hearsay evidencerules of courtsworn statementssandiganbayancriminal procedureevidence admissibility

Hearsay Evidence in Philippine Courts: When Sworn Statements Are Admissible

Sworn statements can be admitted in Philippine courts not to prove their truth, but to show they were made. Learn the hearsay rule's limits.

Oct 17, 2000rapecriminal-lawcredibility-of-witnessessweetheart-theorymoral-damagessupreme-court

Unreliable Defense: The Decisive Weight of Witness Credibility in Philippine Rape Cases

Credible testimony of a minor rape victim can outweigh the sweetheart theory, and moral damages now follow automatically upon conviction.

Oct 16, 2000lease agreementsreal estate lawbuilder in bad faithcivil codesupreme court rulings

Lease Agreements in the Philippines: Why Written Consent Before Construction Matters

Learn how the Supreme Court's ruling in Bugatti v. Baguilat underscores the need for a perfected lease contract before construction begins.

Oct 16, 2000robbery with homicidespecial complex crimerevised penal codecriminal lawsupreme courtphilippines

Robbery With Homicide: When Theft Leads to Killing, Philippine Law Clarifies the Charge

Philippine Supreme Court clarifies when separate robbery and murder charges should be a single special complex crime of robbery with homicide.

Oct 16, 2000family-lawadoptionvested-rightsphilippine-supreme-courtfiling-date

Vested Rights in Adoption: Why Filing Date Matters Under Philippine Law

Philippine Supreme Court clarifies that adoption rights vest at filing, not decree. Learn the filing date rule and its practical impact.

Oct 16, 2000criminal-laweyewitness-testimonymurderrobbery-with-homicideevidencealibi

The Unwavering Weight of Eyewitness Testimony in Philippine Murder Cases

How the Supreme Court reaffirmed that positive eyewitness identification outweighs alibi and denial in Philippine criminal cases.

Oct 16, 2000forcible entrysummary procedurepetition for reliefejectmentproperty rightscivil procedure

Lis Pendens and Summary Procedure: Key Lessons from Sta. Lucia Realty v. Court of Appeals

Learn how the Sta. Lucia Realty case clarifies the prohibition on petitions for relief from judgment in forcible entry cases under the Revised Rule on Summary Procedure.

Oct 16, 2000criminal lawmurdertreacheryalibiwitness credibilityrevised penal code

Understanding Treachery in Murder Cases: Insights from People v. Barro Jr.

Learn how Philippine courts define treachery in murder cases and why alibi fails against positive identification, based on a Supreme Court ruling.

Oct 15, 2000reckless imprudencevicarious liabilityvehicle owner liabilitycriminal lawcivil liability

Vehicle Owner Liability in Reckless Imprudence Cases: The Chavez v. Escañan Ruling

When is a vehicle owner liable in reckless imprudence cases? The Supreme Court clarifies the criminal-civil distinction in Chavez v. Escañan.

Oct 15, 2000demolitiondue processrule 39unlawful detainerwrit of executionproperty law

Demolition Requires Special Court Order: Morta v. Sañez and Due Process

A writ of execution does not authorize demolition. A special court order after notice and hearing is required under Rule 39, Section 10(d).

Oct 13, 2000darab jurisdictionagrarian disputecomprehensive agrarian reform programcertificate of land transferres judicata

DARAB Jurisdiction in Agrarian Disputes: Why Understanding Scope Is Crucial for Landowners

The Supreme Court clarifies when DARAB has jurisdiction over possession cases tied to agrarian reform disputes, and why landowners must raise objections early.

Oct 13, 2000criminal-lawrobbery-with-homicideextrajudicial-confessionright-to-counselconstitutional-rights

Confessions and Counsel: Safeguarding Rights in Robbery With Homicide Cases

The Supreme Court clarifies when an extrajudicial confession is valid and how the right to counsel is protected in robbery with homicide prosecutions.

Oct 13, 2000criminal-lawnew-trialfinal-judgmentrules-of-courtsupreme-courtdue-process

Second Chances in Philippine Justice: When Final Judgments Can Be Overturned for a New Trial

The Supreme Court explains when final criminal judgments may be vacated and new trials granted, using a bigamy case as an example.

Oct 13, 2000judicial biasinhibitionjudge disqualificationcode of judicial conductphilippine courtsdue process

Judicial Bias Understanding When A Judge Must Step Down IN Philippine Courts

Learn when Philippine judges must inhibit or step down from a case due to bias, based on Supreme Court rulings and the Code of Judicial Conduct.

Oct 13, 2000criminal-lawparricidecircumstantial-evidencerevised-penal-codesupreme-courtevidence

When Circumstantial Evidence Speaks Volumes: Parricide Conviction in the Philippines

The Supreme Court explains when circumstantial evidence suffices to convict for parricide, and why proof beyond reasonable doubt does not require absolute certainty.

Oct 13, 2000labor-lawforum-non-conveniensoverseas-employmentjurisdictionnlrccorporate-veil

Forum Non Conveniens: When Philippine Courts Decline Jurisdiction in Overseas Employment Disputes

The Supreme Court explains when Philippine labor tribunals may decline jurisdiction over overseas employment disputes under the doctrine of forum non conveniens.