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显示第 22153–22176 篇,共 24,863 篇文章

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Jan 19, 2000criminal lawcomplex crimemurderfrustrated murderarticle 48revised penal code

Multiple Victims, Separate Crimes: Complex vs. Multiple Offenses in Philippine Law

Philippine Supreme Court clarifies when multiple shootings of several victims constitute separate crimes, not a complex crime, under Article 48.

Jan 19, 2000contract lawproperty salecivil lawspecific performancesupreme court

When "May" Means Optional: Advance Payments in Property Sales

Supreme Court ruling on whether a buyer's advance payment obligation in a property sale is mandatory or discretionary, and its effect on contract rescission.

Jan 19, 2000self-defenseunlawful aggressionhomiciderevised penal codecriminal lawsupreme court

Self-Defense and Unjustified Aggression: Evaluating Claims in Homicide Cases

When does self-defense hold in Philippine homicide cases? The Supreme Court explains the burden of proof and the elements required.

Jan 19, 2000ejectmentforcible entryownership disputejurisdictionrule 70supreme court

Ejectment vs. Ownership: Why Forcible Entry Cases Can Proceed Despite Ownership Disputes

Philippine Supreme Court clarifies that forcible entry cases proceed independently of ownership disputes; RTC erred in dismissing ejectment appeal.

Jan 19, 2000treacherymurderhomiciderevised-penal-codeself-defensecriminal-law

Treachery in Criminal Law: When an Unexpected Attack Qualifies as Murder

Explore when treachery elevates a killing to murder under Philippine law, and why courts demand clear proof before appreciating it.

Jan 19, 2000rapefamily lawcriminal lawconsentmoral ascendancysupreme court

Beyond Consanguinity: Redefining Consent in Familial Rape Cases Under Philippine Law

How the Supreme Court in People v. Servo clarified that stepfathers can commit rape through moral ascendancy, not just physical force.

Jan 19, 2000sandiganbayanjurisdictionanti-graftra-3019municipal-mayorsalary-grade

Sandiganbayan Jurisdiction Over Graft Cases: Municipal Mayors and Salary Grade 27

The Supreme Court clarifies when the Sandiganbayan, not trial courts, hears graft cases against municipal mayors based on salary grade.

Jan 19, 2000illegal dismissalprobationary employmentsecurity of tenurelabor lawsister companiesnlrc

Security Guard's Dismissal Ruled Illegal: Probationary Status and Sister Companies Explained

A security guard absorbed by a sister company becomes a regular employee; first-offense infractions cannot justify dismissal.

Jan 19, 2000self-defensehomicideexcessive-forcecriminal-lawsupreme-courtrevised-penal-code

When Excessive Force Destroys a Self-Defense Claim in Philippine Homicide Cases

The Supreme Court explains why 16 stab wounds negate self-defense and how excessive force turns a killing into homicide, not murder.

Jan 18, 2000civil lawquasi-delictphysical evidencetraffic accidentsvicarious liabilityevidence

Physical Evidence Prevails Over Witness Testimony in Traffic Collision Liability

Supreme Court ruling on vehicular accidents: physical evidence outweighs biased witness testimony in determining fault and liability.

Jan 18, 2000agrarian reformjust compensationland valuationdarabspecial agrarian courtra 6657

Deadline for Landowners Appealing Land Valuation Decisions Under Agrarian Reform

Philippine Veterans Bank case clarifies the 15-day deadline for landowners to challenge DAR land valuation decisions before Special Agrarian Courts.

Jan 18, 2000conspiracytreacherymurdercriminal-lawcollective-liabilityself-defense

Conspiracy and Treachery in Murder: Collective Criminal Liability Explained

How the Supreme Court applied conspiracy and treachery to hold all participants equally liable for murder, even without each inflicting the fatal blow.

Jan 18, 2000preventive suspensionanti-graft lawelection offensesomnibus election codepublic officersra 3019

Preventive Suspension of Public Officials: Graft Law Applies to Election Offenses

Unauthorized use of government property is fraud, so preventive suspension under the Anti-Graft Law applies even in election offense cases.

Jan 18, 2000motion to dismisslegal capacitycounsel of recordcivil procedurerules of court

When Can a Motion to Dismiss Be Filed After Answer? Obando v. Figueras Explained

The Supreme Court explains when a motion to dismiss may be granted even after an answer is filed, and what happens when a party loses legal standing mid-case.

Jan 18, 2000preventive suspensionanti-graft lawelection offensespublic officersr.a. 3019omnibus election code

Sheriffs Authority VS Abuse OF Power Defining Limits IN Foreclosure Proceedings

When can courts suspend public officials? Juan v. People clarifies preventive suspension under the Anti-Graft Law for election offenses.

Jan 18, 2000legal interestbreach of contractmoney judgmentcivil laweascoeastern shipping lines

Navigating Legal Interest From Breach of Contract to Final Judgment Satisfaction

Understand how Philippine courts compute legal interest on money judgments, from breach of contract until full payment, based on Eastern Assurance v. Court of Appeals.

Jan 18, 2000extraditiondue processbill of rightstreaty obligationspresidential decree 1069secretary of justice

Extradition and Due Process: Balancing Treaty Obligations and Individual Rights in the Philippines

The Supreme Court ruled that a prospective extraditee enjoys basic due process rights—notice and hearing—even during the executive evaluation stage of extradition proceedings.

Jan 18, 2000due processgovernment employeesawoldismissalcivil servicesecurity of tenure

Due Process in Dismissal: Protecting Government Employees From Unlawful Termination

The Supreme Court clarifies when dropping a government employee from the rolls for AWOL violates due process, and what evidence is required.

Dec 29, 1999agrarian reformmandamusland valuationland bankjust compensationproperty law

Land Valuation Disputes and Mandamus: Lessons from Land Bank v. Court of Appeals

When can a writ of mandamus compel the Land Bank to pay agrarian reform compensation? A 1999 Supreme Court ruling explains.

Dec 29, 1999criminal lawmurderhomicidetreacheryevident premeditationqualifying circumstances

Homicide or Murder: Decoding Treachery and Premeditation in Philippine Criminal Law

The Supreme Court explains when treachery and evident premeditation qualify a killing as murder, and when the crime remains homicide.

Dec 29, 1999medical malpracticeres ipsa loquiturnegligencetortsdamagessupreme court

When Medical Care Turns to Negligence: Understanding Res Ipsa Loquitur in Philippine Medical Malpractice

The Supreme Court explains res ipsa loquitur in medical malpractice through a patient who suffered brain damage during anesthesia before surgery.

Dec 29, 1999malicious prosecutionprobable causecriminal lawcivil liabilityphilippine supreme court

Dismissal Without Malicious Prosecution: Why Probable Cause Matters in Philippine Law

Philippine Supreme Court explains why a dismissed criminal case does not automatically mean malicious prosecution. Learn the legal distinction.

Dec 26, 1999labor lawofw rightsillegal dismissalmedical certificatetermination due to illness

When Can an Employer Terminate an OFW Due to Illness? The Medical Certificate Rule

Philippine law requires a medical certificate from a competent public health authority before an employer can validly terminate an OFW due to illness.

Dec 23, 1999property lawtax declarationadverse possessionland disputequieting of titlecivil law

How Tax Declarations and Possession Solidify Property Rights in Philippine Land Disputes

Philippine Supreme Court ruling explains when tax declarations prove ownership and how adverse possession cures defective titles.