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显示第 21505–21528 篇,共 24,862 篇文章

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Jul 20, 2000criminal-law

Bounced Checks Arent Always Estafa THE Crucial Element OF Deceit IN Philippine LAW

Jul 20, 2000civil procedurenotice of hearingmotion for reconsiderationappealcertiorarifinal judgment

Fatal Motion Flaws: Notice of Hearing and Preserving Appeal Rights in Philippine Courts

A motion without notice of hearing is a "scrap of paper" that won't stop the appeal clock—learn the rules from PCIBank v. Court of Appeals.

Jul 20, 2000criminal-lawreasonable-doubtalibimurderevidenceacquittal

Reasonable Doubt Safeguarding Justice IN Philippine Criminal LAW

When prosecution evidence is weak, alibi gains strength, and the accused must be acquitted. The Giganto case explains.

Jul 20, 2000contract-lawlease-agreementsdue-processpreliminary-injunctionpezaadministrative-law

PEZA Cannot Cancel Lease Contracts Without Due Process: The Saffirou Ruling

The Supreme Court ruled that PEZA's unilateral cancellation of a lease agreement without hearing violates due process and may be enjoined by courts.

Jul 20, 2000criminal lawalibireasonable doubtprosecution evidencemurderphilippine supreme court

When Alibi Becomes Strong: Why Weak Prosecution Evidence Means Acquittal

A Supreme Court ruling shows that alibi, though a weak defense, prevails when prosecution evidence is feeble and fails to prove guilt beyond reasonable doubt.

Jul 19, 2000tax-lawcapital-lossworthless-securitiesnircchina-bankingequity-investment

Worthless Securities and Capital Loss: Tax Implications in the Philippines

Philippine tax law treats worthless equity investments as capital losses, deductible only against capital gains. China Banking Corp. case explains.

Jul 19, 2000administrative lawjudicial efficiency90-day rulesupreme courtjudgescode of judicial conduct

Judicial Efficiency vs Negligence: The 90-Day Rule for Judges

Philippine Supreme Court fines judges for failing to decide cases within the 90-day reglementary period, underscoring judicial accountability.

Jul 19, 2000administrative lawcourt personnelmoral conductcivil servicesupreme courtjudicial ethics

Upholding Ethical Standards: Extramarital Affairs and Judicial Employee Conduct

Supreme Court ruling on a court stenographer's extramarital affair shows judicial employees are held to strict moral standards in private life.

Jul 19, 2000election lawcomelecra 8189security of tenureequal protectionvoter registration

Upholding Election Officer Reassignments: Balancing Independence and Preventing Familiarity

The Supreme Court upheld Section 44 of RA 8189, which limits election officers to four years per station to ensure impartiality.

Jul 19, 2000criminal-lawrobbery-with-homicideindivisible-penaltiesrevised-penal-codesupreme-court

Navigating Robbery With Homicide: The Perils of Indivisible Penalties

A look at People v. Pedroso, explaining robbery with homicide elements and the correct application of indivisible penalties.

Jul 19, 2000criminal lawhomicidevoluntary surrendermitigating circumstanceconspiracyrevised penal code

Accountability for Homicide: Voluntary Surrender as a Mitigating Circumstance in a Stabbing Case

The Supreme Court explains when voluntary surrender mitigates homicide and why a fleeing co-accused may be acquitted.

Jul 19, 2000local-governmentfiscal-autonomyinternal-revenue-allotmentpresidential-powersupervision-vs-controladministrative-law

Presidential Supervision vs Control: Protecting Local Fiscal Autonomy in the Philippines

The Supreme Court limits presidential power over LGUs, striking down IRA withholding while allowing advisory economy measures.

Jul 18, 2000criminal-lawmurdereyewitness-testimonyballistic-evidencereasonable-doubtevidence

Eyewitness Testimony and Firearm Identification in Murder Cases: People v. Matibag

How eyewitness testimony and ballistic evidence can establish guilt beyond reasonable doubt in murder cases, explained through People v. Matibag.

Jul 18, 2000estafaconspiracyreasonable doubtcriminal lawrevised penal code

Absence of Conspiracy Leads to Acquittal in Estafa Case for Lack of Proof Beyond Reasonable Doubt

The Supreme Court acquits an accused in an estafa case, ruling that conspiracy must be proven beyond reasonable doubt, not merely inferred from presence or interest.

Jul 18, 2000labor-lawterminationloss-of-confidencemanagerial-employeejust-causedue-process

Breach of Trust Upholding Termination for Managerial Misconduct in Philippine Labor Law

Philippine Supreme Court affirms dismissal of a manager for loss of confidence based on fraudulent invoicing and refusal to explain.

Jul 18, 2000criminal lawconspiracyestafarevised penal codecollective liabilitysupreme court

Collective Liability and Conspiracy in Criminal Actions: People v. Aquino

When does mere presence or participation in a transaction amount to criminal conspiracy? The Supreme Court clarifies in People v. Aquino.

Jul 18, 2000conspiracymurdercriminal lawrevised penal codepeople vs daroy

Collective Guilt Establishing Conspiracy in Group Criminality

When does holding a victim's hand during a gang attack make you guilty of murder? The Supreme Court explains conspiracy.

Jul 18, 2000illegal recruitmentestafalabor codemigrant workerscriminal law

Illegal Recruitment and Estafa: Protecting Migrant Workers from Deceitful Recruiters

The Supreme Court affirms convictions for large-scale illegal recruitment and estafa, protecting overseas Filipino workers from fraudulent recruiters.

Jul 18, 2000dying declarationevidencehearsaycriminal procedurerules of court

Dying Declarations: When Can a Victim's Last Words Be Used in Court?

Learn the legal rules on dying declarations in Philippine courts, including admissibility requirements and how courts weigh a victim's final words.

Jul 17, 2000quantum-meruitcommission-on-auditgovernment-contractspublic-fundsdisallowance

Quantum Meruit in Government Contracts: What Contractors Must Know

The Supreme Court clarifies when contractors can recover payment from the government and the limits of the quantum meruit principle.

Jul 14, 2000criminal-lawpreliminary-investigationdue-processombudsmansandiganbayananti-graft

Due Process in Preliminary Investigations: Raro v. Sandiganbayan Explained

The Supreme Court clarifies that defects in a preliminary investigation do not automatically invalidate an information or violate due process.

Jul 14, 2000criminal lawtreacherymurderhomiciderevised penal codesupreme court

Murder or Homicide: Understanding Treachery in Philippine Criminal Law

The Supreme Court clarifies when treachery qualifies killing as murder, using the Antonio v. People case as a guide.

Jul 14, 2000trust receiptsassignment of receivablescommercial lawpromissory notesinterpleaderphilippine national bank

Prioritizing Assignment Rights: The Battle Over Promissory Notes in Trust Receipt Agreements

Supreme Court rules on competing claims over promissory notes under trust receipts and deeds of assignment, emphasizing proof and priority.

Jul 14, 2000civil-procedureres-judicatajudicial-impartialitydisqualificationexecutionsupreme-court

Due Process Limits of Disqualification and the Duty of Judicial Impartiality

A look at how the Supreme Court defined the limits of res judicata and the duty of judges to remain impartial in Salanga v. Alagar.