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显示第 21817–21840 篇,共 24,862 篇文章

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Mar 30, 2000estafacriminal lawinvestment disputeloantrust agreementrevised penal code

Loan or Trust: Resolving Estafa Charges in Investment Disputes

When does a failed investment become estafa? The Supreme Court clarifies the line between a simple loan and a criminal trust agreement.

Mar 30, 2000criminal lawself-defensealibitreacheryconspiracyhomicide

Self-Defense and Alibi in Philippine Criminal Law: Lessons from People v. Caverte

A look at how the Supreme Court applied self-defense, alibi, treachery, and conspiracy rules in People v. Caverte.

Mar 30, 2000value-added taxvattrade or businessprofit motivebirtaxation

VAT on Services: When "Trade or Business" Does Not Require Profit Motive

Philippine Supreme Court clarifies that VAT applies to services rendered for a fee even without profit motive. Learn the rules.

Mar 30, 2000criminal-lawrapeattempted-raperevised-penal-codesupreme-courtpenetration

Defining the Boundaries of Rape: Penetration vs Attempt in Philippine Law

The Supreme Court clarifies when rape is consummated versus merely attempted, requiring proof of penile entry into the labia.

Mar 30, 2000self-defenseunlawful aggressioncriminal lawjustifiable forcerevised penal codehomicide

Self-Defense and Unlawful Aggression: The Limits of Justifiable Force in the Philippines

A Supreme Court ruling clarifies when self-defense applies, when it ends, and why unlawful aggression must be real and ongoing.

Mar 28, 2000criminal-lawrapechild-protectionevidencesupreme-courtwitness-credibility

Protecting the Vulnerable: Upholding the Testimony of Child Rape Victims in Philippine Law

The Supreme Court affirms a rape conviction based on the credible testimony of a mentally disabled minor, clarifying rules on evidence and procedure.

Mar 28, 2000criminal-lawrapemental-disabilitycredibilityrevised-penal-codesupreme-court

Protecting the Credibility of Testimony From Persons With Mental Disabilities in Rape Cases

How Philippine courts assess rape testimony from mentally disabled victims, and why mental deficiency does not diminish credibility.

Mar 28, 2000oral partitionestoppelproperty lawcivil lawco-ownershipphilippine supreme court

Oral Partition and Estoppel: When Long-Standing Property Agreements Prevail

Supreme Court ruling on oral partition, estoppel, and long-standing property agreements in Philippine civil law.

Mar 28, 2000criminal lawraperevised penal codementally retarded victimsupreme court

Protecting the Vulnerable: Rape of a Woman Deprived of Reason Under Philippine Law

The Supreme Court affirms that sexual intercourse with a mentally retarded woman constitutes rape under Article 335 of the Revised Penal Code.

Mar 28, 2000illegal recruitmentestafalabor codesupreme courtcriminal law

Deceptive Recruitment Establishing Guilt Beyond Reasonable Doubt IN Illegal Recruitment AND Estafa

How the Supreme Court upheld a conviction for illegal recruitment in large scale and estafa based on deceptive recruitment schemes.

Mar 28, 2000legal-ethics

Judicial Accountability Balancing Discretion AND DUE Process IN Granting Bail

Mar 27, 2000criminal lawrapeintimidationaggravating circumstancesrevised penal codesupreme court

Rape With Intimidation: The Standard of Resistance and Aggravating Circumstances

The Supreme Court clarifies that in rape, intimidation can substitute for physical resistance, and aggravating circumstances need not be alleged in the information.

Mar 27, 2000docket feescivil procedurepatent infringementjurisdictionsupreme court

Docket Fees and the Right to Amend: Balancing Access to Justice in Patent Infringement Cases

Philippine Supreme Court ruling on docket fees, amendments to complaints, and equitable access to justice in patent cases.

Mar 27, 2000property lawtorrens titleconjugal propertyco-ownershipconstructive trustfamily code

When a Title Isn't Truth: Challenging Property Co-Ownership Claims in the Face of Prior Marriage

A Supreme Court ruling on how Torrens titles can be overturned when property was acquired during a subsisting first marriage.

Mar 27, 2000legal ethicsadministrative lawattorney-client relationshipcode of professional responsibilitymalpracticesuspension

Breach of Duty: Upholding Integrity and Accountability in Court Processes

A lawyer's misuse of client funds for purported court fees leads to suspension and restitution, reinforcing ethical duties.

Mar 27, 2000right of first refusalrescissionproperty salescontract lawphilippine supreme courtreal estate

Rescission Rights Understanding Contractual Obligations in Property Sales

Learn how Philippine courts treat right of first refusal clauses, rescission remedies, and contractual obligations in property sales from a 2000 Supreme Court ruling.

Mar 27, 2000administrative lawmmdapolice powerlocal governmentproperty rights

MMDA vs. Bel-Air Village: The Limits of Authority Over Private Roads

The Supreme Court ruled the MMDA cannot open private subdivision roads to public traffic without a local ordinance, clarifying its administrative role.

Mar 27, 2000property-law

Upholding Substantial Justice Dismissal Based ON Technicalities AND Lost Titles

Mar 27, 2000naturalizationcitizenshipong chiarevised naturalization lawsupreme courtphilippine law

Citizenship Denied: Strict Scrutiny of Naturalization Requirements in the Philippines

The Supreme Court affirms strict compliance with naturalization requirements in Ong Chia v. Republic, denying citizenship for procedural lapses.

Mar 27, 2000tax exemptioncustoms dutiespagcormisrepresentationforfeiturephilippine law

Tax Exemption Boundaries: PAGCOR Privileges and the Perils of Misrepresentation

Supreme Court clarifies that PAGCOR's tax exemption on importations does not automatically extend to concessionaires, and warns against fraudulent claims.

Mar 27, 2000hearsay evidenceright to confrontationcriminal procedurepresumption of innocencesupreme court ruling

Hearsay Evidence and the Right to Confrontation: Protecting the Accused

Philippine Supreme Court ruling on hearsay evidence, the right to confront witnesses, and why prosecutions must stand on solid proof.

Mar 27, 2000transportation-lawagencytravel-bookingairline-liabilitydamagescivil-law

Liability in Travel Booking Errors: Defining Agency and Responsibility

When a travel booking fails, who pays? The Supreme Court clarifies agency rules and liability for unconfirmed flights.

Mar 22, 2000legal ethicsattorney-client relationshipprofessional responsibilitycode of professional responsibilitydisbarmentsuspension

Lawyer's Duty to Respect Attorney-Client Relationships: Lessons from Camacho v. Pangulayan

A lawyer who negotiates directly with opposing parties already represented by counsel violates professional ethics and faces suspension.

Mar 22, 2000legal ethicsattorney suspensioncode of professional responsibilitylawyer-client relationsprofessional misconduct

Attorney Suspended Six Months for Deceitful Loan Practices with Client

A lawyer who facilitated a fraudulent loan for his clients was suspended for six months. Learn the ethical rules and lessons from this Philippine Supreme Court case.