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Showing 2425–2448 of 3,440 articles for “ces”

When Court Personnel Fail: Administrative Liability for Delayed Summons Service

Philippine Supreme Court ruling on process servers, clerks of court, and judges liable for delayed summons service in civil cases.

Rape Conviction Affirmed Despite Procedural Lapses in Parental Incest Case

Supreme Court affirms rape conviction of father but reduces death penalty to reclusion perpetua due to procedural defects in the information.

Forum Shopping and Due Process in Mortgage Foreclosure: Avoiding Multiple Suits

Philippine Supreme Court ruling on forum shopping, due process, and the risks of filing multiple injunction suits in mortgage foreclosure cases.

Due Process, Right to Counsel, and Judicial Duty in Philippine Civil Proceedings

The Supreme Court clarifies due process, counsel of record rules, and forum shopping in PCIB v. Court of Appeals.

Timely Execution: A Sheriff's Duty to Report and the Consequences of Delay

A Philippine Supreme Court ruling reminds sheriffs that writs of execution must be returned and reported on time, and that delay carries administrative liability.

Incestuous Rape: Moral Ascendancy Replaces Force in Philippine Law

Philippine Supreme Court ruling on incestuous rape, where a father's moral ascendancy substitutes for force and intimidation in securing conviction.

Judicial Accountability and Timely Resolution: Lessons from People v. Servano

The Supreme Court's ruling in People v. Servano clarifies incest rape rules while underscoring the judiciary's duty to resolve cases without delay.

Upholding DUE Process THE Dismissal OF Charges DUE TO Lack OF Evidence IN Administrative Cases

Tax Refund Limitations: The One-Year Rule for Carry-Over of Excess Income Tax Payments

Philippine Supreme Court clarifies that excess income tax payments may only be carried over to the immediately succeeding taxable year under the old NIRC.

Final Executory Labor Judgments Cannot Be Appealed: King Integrated Security Services v. Gatan

Labor judgments that become final and executory can no longer be appealed — only executed. The Supreme Court explains why.

Unexplained Wealth and Due Process: Montemayor and Public Service Integrity

A look at Montemayor v. Bundalian, where the Supreme Court upheld a public official's dismissal for unexplained wealth and clarified due process in administrative cases.

Bus Holdups and Homicide: Affirming Guilt but Reducing Penalty Due to Procedural Rules

Philippine Supreme Court affirms robbery with homicide conviction but reduces penalty to reclusion perpetua, acquitting co-accused for lack of proof.

Incestuous Rape Proving Minority Of The Victim For Imposition Of Death Penalty

The Supreme Court clarifies rules on proving victim's minority in incestuous rape cases for the death penalty.

Rape and Due Process: Fair Trial Rights in Philippine Rape Cases

The Supreme Court clarifies how trial judges may question witnesses in rape cases without violating the accused's right to a fair trial.

Electoral Protests: COMELEC's Power to Correct Errors and the Essence of Due Process

Learn how the Supreme Court ruled on COMELEC's authority to correct canvass errors and what due process truly requires in election cases.

Workplace Brawl Upholding Conduct Standards FOR Court Employees

Court employees who brawl in office face administrative liability, even if they later settle their differences privately.

Per Diem vs Other Compensation: Allowable Remuneration for Water District Board Members

The Supreme Court clarifies that water district board members may receive only per diems under PD 198, not allowances or bonuses.

THE Mandatory Hearing Safeguarding DUE Process IN Bail Granting

When Robbery Evidence Fails: Acquittal for Lack of Corpus Delicti

The Supreme Court acquits an accused in robbery with homicide where the prosecution failed to prove the taking of property, explaining the necessity of establishing corpus delicti beyond reasonable do

Mortgage Validity and Protecting Property Rights Against Unauthorized Encumbrances

When a lease expires and a new agreement supersedes it, the original terms—including a right of first refusal—may no longer bind the parties or the buyer.

Bouncing Checks and Due Process: The Notice of Dishonor Requirement in BP 22 Cases

The Supreme Court acquits a BP 22 accused because the prosecution failed to prove notice of dishonor was served on the drawer.

Regular Employment Status: Necessity of Work and Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies when workers become regular employees based on necessity of work and security of tenure under Article 280.

Incestuous Rape: Broad Complaint Dates and Victim Credibility in Philippine Criminal Law

The Supreme Court affirms an incestuous rape conviction, ruling that inexact complaint dates are allowed and a young victim's credible testimony suffices.

Pre-Trial Conferences and Dismissal of Cases: The Imperative of Preventing Unwarranted Delays

Philippine Supreme Court clarifies that courts cannot dismiss cases merely for failure to submit a compromise agreement, and pre-trial conferences must proceed.