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显示第 21793–21816 篇,共 24,862 篇文章

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Apr 5, 2000civil lawcontractsobligationsheirsleaseproperty law

Heirs Bound by Contractual Duties in Property Leases: DKC Holdings v. Bartolome

When a lessor dies, are heirs bound by the lease contract? The Supreme Court explains transmissible obligations under Article 1311.

Apr 5, 2000chattel mortgagedefaultdamagesreplevincivil lawsupreme court

Default and Damages: Clarifying Rights in Chattel Mortgage Disputes

Philippine Supreme Court clarifies default rules, damages, and replevin in chattel mortgage disputes—key lessons for creditors and borrowers.

Apr 5, 2000criminal lawrapedeath penaltyqualifying circumstanceschild protectionsupreme court

Protecting Children: Parental Rape and the Importance of Victim Credibility in Philippine Courts

The Supreme Court clarifies that a stepfather's relationship to a rape victim must be stated in the Information to justify the death penalty.

Apr 5, 2000administrative-law

Sheriffs Duty Prompt Execution OF Court Orders AND Consequences OF Delay

Apr 5, 2000judicial ethicsadministrative casecode of judicial conductspeedy dispositionrtc judges

Judicial Accountability: The Duty to Decide Cases Promptly Despite Pending Memoranda

The Supreme Court reminds judges that pending memoranda do not suspend the 90-day period to decide cases, imposing fines for delay.

Apr 3, 2000vicarious liabilityquasi-delictcivil liabilitycriminal procedureemployer liabilitydouble recovery

Vicarious Liability: Choosing Between Criminal and Civil Actions in Philippine Law

Philippine Supreme Court clarifies when an employer can be held liable for employee negligence and the rule against double recovery.

Apr 3, 2000conspiracyreasonable doubtcriminal lawmurderpeople vs cupino

Proving Conspiracy Beyond Reasonable Doubt in Criminal Cases

When does joining a fray make one a conspirator? The Supreme Court clarifies the proof needed to establish conspiracy in criminal cases.

Apr 3, 2000criminal lawcarnappingpresumption of guiltstolen vehicleanti-carnapping actpossession

Presumption of Guilt for Possession of Stolen Vehicle: The Duty to Explain

Philippine Supreme Court ruling on how possessing a stolen vehicle creates a presumption of guilt and the accused's duty to explain.

Mar 31, 2000rapeintimidationconsentcriminal lawrevised penal codesupreme court

Rape, Intimidation, and Resistance: What the Law Requires in the Philippines

Philippine law does not require "tenacious" resistance in rape. A knife threat is intimidation enough. Learn the rules from a Supreme Court ruling.

Mar 31, 2000conspiracycriminal liabilitymurdercarnappingsupreme courtphilippine law

Conspiracy and Intent: How Philippine Courts Establish Criminal Liability

A Supreme Court ruling clarifies how conspiracy and intent establish criminal liability, and why charging documents must state every qualifying circumstance.

Mar 31, 2000criminal-lawrapereasonable-doubtevidencecredibilitysupreme-court

Proving Rape Beyond Reasonable Doubt: Lessons from People v. Abalde

A look at People v. Abalde on how Philippine courts weigh a rape victim's testimony, force, intimidation, and the standard of proof beyond reasonable doubt.

Mar 31, 2000labor-lawcertiorarimotion-for-reconsiderationbusiness-permitpolice-powerlocal-government

Motion for Reconsideration: A Necessary Step Before Certiorari

Acebedo Optical v. CA clarifies that a motion for reconsideration is required before filing certiorari, and explains limits on local government police power over business permits.

Mar 31, 2000estate settlementjudicial partitionletters of administrationheir disputesrule 74civil law

Heir Disputes: When Courts Can Order Partition Instead of Estate Administration

Philippine Supreme Court ruling on when heirs may partition an estate without full administration proceedings, and when courts may convert petitions.

Mar 31, 2000criminal-lawrapeguilty-pleadeath-penaltydue-processsupreme-court

When a Guilty Plea Fails: Why Rape Convictions Were Remanded for Rearraignment

The Supreme Court set aside death sentences for rape because the trial court failed to conduct a proper searching inquiry into the guilty plea.

Mar 31, 2000labor lawproject employeeregular employeesecurity of tenureillegal dismissallabor code

When a Project Employee Becomes Regular: The Imbuido Ruling on Continuous Rehiring

The Supreme Court explains when repeated fixed-term contracts convert a project employee into a regular employee entitled to security of tenure.

Mar 31, 2000criminal-lawrapevictim-testimonycredibilityprior-abusesupreme-court

Credibility in Rape Cases: Victim Testimony and Prior Abuse Under Philippine Law

Philippine Supreme Court ruling on rape conviction, victim credibility, and prior sexual abuse as evidence.

Mar 31, 2000administrative-lawgrave-misconductcivil-servicecourt-employeespublic-trustomnibus-rules

Ethical Conduct Dismissal for Misconduct Stands Despite Complainant's Forgiveness

Philippine Supreme Court rules that administrative cases against court employees continue despite complainant's forgiveness or withdrawal, upholding dismissal for grave misconduct.

Mar 31, 2000labor-lawproject-employeeregular-employeesecurity-of-tenureillegal-dismissalphilippine-labor-code

Regular vs Project Employee: Continuous Rehiring and Security of Tenure Under Philippine Labor Law

Philippine Supreme Court ruling on when project employees become regular employees through continuous rehiring, securing tenure under Article 280.

Mar 31, 2000criminal lawrapestatutory rapeevidencesupreme courtphilippines

Forcible Abduction vs Rape: Distinguishing Intent and Evidence in Sexual Assault Cases

Philippine Supreme Court ruling on People v. Abalde clarifies statutory rape, force, intimidation, and evidence standards in sexual assault cases.

Mar 31, 2000business permitspolice powerlocal governmentdue processoptometryjudicial accountability

Judicial Accountability and Due Process in Business Permit Revocations

Acebedo Optical v. CA clarifies limits of mayoral power over business permits and why ultra vires conditions cannot bind a permit holder.

Mar 31, 2000estate settlementjudicial partitionletters of administrationrule 74succession law

When Heirs Disagree: Judicial Partition Over Administration of an Estate

Philippine Supreme Court ruling explains when courts may convert estate administration proceedings into judicial partition among heirs.

Mar 30, 2000treacherymurderhomicidecriminal lawrevised penal codeself-defense

Treachery in Philippine Criminal Law: The Element of Surprise in Homicide Cases

How the Supreme Court distinguished treachery from a sudden, provoked attack in People v. Caverte, and what it means for murder charges.

Mar 30, 2000robbery with homicideconspiracycriminal liabilityreclusion perpetuarevised penal codesupreme court

Robbery With Homicide: Proving Conspiracy and Liability of All Participants

Philippine Supreme Court ruling on robbery with homicide, conspiracy liability, and the penalty of reclusion perpetua when no aggravating circumstances exist.

Mar 30, 2000administrative lawpublic servicemisconducthabitual drunkennesssheriffcivil service

Drunkenness and Misconduct: Upholding Ethical Standards in Public Service

A sheriff's habitual drunkenness, AWOL, and illegal firearm possession led to dismissal, reaffirming that public office is a public trust.