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Showing 913–936 of 1,268 articles for “doe”

Incestuous Rape: Proving the Elements for a Qualified Conviction

When does incestuous rape warrant the death penalty? The Supreme Court explains the strict proof required for minority and relationship.

Abandonment vs Illegal Dismissal: Protecting Employee Rights in the Philippines

When does absence become abandonment? The Supreme Court clarifies the rules on illegal dismissal and employee rights in Samar ca v. Arc-Men Industries.

Lost Cargo Liability: Fire Does Not Excuse Common Carrier's Negligence

Philippine Supreme Court rules fire is not an exempting cause under the Civil Code, holding carriers liable for lost cargo.

When "As Is, Where Is" Does Not Shield a Seller: The NDC v. Madrigal Wan Hai Ruling

The Supreme Court clarifies that "as is, where is" sales only cover physical condition, not hidden legal liabilities like tax liens.

Disciplinary Action vs Social Justice: When Does a Company's Code Overshadow an Employee's Rights

Supreme Court ruling on when procedural lapses yield to substantial evidence in administrative disciplinary cases against public employees.

When Possession Does Not Equal Ownership: Public Land Act Claims After PD 1073

Philippine Supreme Court clarifies that long possession of public land only ripens into ownership if it began by June 12, 1945.

Treachery Defined: The Element of Surprise in Murder Cases Under Philippine Law

When does a sudden attack qualify as treachery in Philippine murder cases? The Supreme Court explains in People v. Pedrigal.

Res Judicata and Insurance Subrogation: Clarifying Rights in Vehicle Accident Claims

A Supreme Court ruling explains why res judicata does not bar an insurer's subrogation claim when the insured was not a party to a prior case.

Upholding Land Ownership When Asserted Tenancy Fails to Divest Courts of Jurisdiction

A mere claim of tenancy does not automatically strip courts of jurisdiction over ejectment cases, as the Supreme Court clarified in Rivera v. Santiago.

Treachery and the Passage of Time: Examining the Boundaries of Murder in Philippine Law

The Supreme Court clarifies that a brief pause between an argument and a fatal shooting does not negate treachery, affirming a murder conviction.

Prescription in Implied Trusts: When Does the Clock Start Ticking

Learn when the prescriptive period for implied trusts begins under Philippine law, based on Supreme Court rulings.

Copyright Protection Scope of Advertising Display Unit Drawings

Philippine Supreme Court clarifies that copyright over technical drawings does not extend to the depicted object; patents protect inventions.

Rape and Intimidation: Why the Absence of Resistance Does Not Mean Consent

The Supreme Court ruled that a rape victim need not resist to the death; submission brought about by intimidation is not consent under Philippine law.

Rape Conviction Upheld on Victim's Credible Testimony Despite Intact Hymen

Philippine Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies that intact hymen does not negate rape.

Disturbance Compensation Reclassification Alone Does NOT Trigger Payment TO Tenants

Land reclassification alone does not entitle tenants to disturbance compensation; a final court order or DAR conversion is required.

Certiorari Deadlines: When Does the 60-Day Clock Really Start

Philippine Supreme Court clarifies that orders executing final judgments are not appealable, and the 60-day certiorari period cannot revive settled cases.

Amicable Settlement vs Original Obligation: When Does a Compromise Change the Deal

A compromise that is not perfected does not automatically novate the original debt. Learn when an amicable settlement modifies or extinguishes an obligation.

Lease Renewal vs Implied New Lease: What Tenants and Landlords Should Know

Philippine Supreme Court explains when a lease renewal carries over all original terms—and when it doesn't.

When Consent Doesnt Protect Kidnapping for Ransom and the Limits of Voluntary Association

The Supreme Court affirms death sentences for kidnappers, rejecting claims that voluntary surrender as rebels shields them from common crime liability.

Defining Common Carriers When A Limited Clientele Doesnt Equal Private Carriage

Philippine Supreme Court clarifies that a shipping firm with a limited clientele can still be a common carrier under the Civil Code.

The Weight of Fear: Evaluating Delay in Rape Cases Under Philippine Law

Philippine Supreme Court ruling on rape convictions, victim credibility, and why delay in reporting does not weaken a case.

Judicial Accountability When Judges Overstep Supervisory Bounds and Circumvent Due Process

A Supreme Court ruling on when reprimanding a complainant violates due process, and why withdrawing an administrative complaint does not end the case.

When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law

The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.

Lis Pendens When A Money Claim Doesnt Cloud Property Title

A money claim for construction services does not justify a notice of lis pendens on property titles, explains the Supreme Court.