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Showing 961–984 of 1,268 articles for “doe”

BP 22 and Credit Lines: When a Stop Payment Order Doesnt Imply Insufficient Funds

Learn when a stop payment order on a postdated check does not automatically mean insufficient funds under BP 22, and how credit lines affect liability.

Determining Jurisdiction in Reconveyance Cases: RTC vs MTC Competence

When does the RTC, not the MTC, hear a reconveyance case? The Supreme Court clarifies jurisdiction rules in Copioso v. Copioso.

Rape and Consent: Proving Force or Intimidation Beyond a Sweetheart Defense

The Supreme Court affirms that a sweetheart relationship does not negate rape; force or intimidation must still be proven.

Rape: Lack of Physical Injuries Not Always Proof of Consensual Sex

Philippine Supreme Court clarifies that absence of extra-genital injuries does not negate force or intimidation in rape cases.

Improvident Guilty Pleas: Protecting Rights in Capital Offenses

A guilty plea does not admit aggravating circumstances; the prosecution must still prove them, as shown in People v. Gutierrez.

When Does a Hearing Officer's Decision Lead to Criminal Liability? Good Faith vs Malice

Understand when a hearing officer's decision can lead to criminal liability, exploring good faith versus malice in Philippine law.

Retraction Rejection Affirming Conviction Despite Witness Recantation In Murder Case

Philippine Supreme Court ruling that a witness's retraction does not automatically overturn a murder conviction when other credible evidence supports guilt.

Silence Isn't Always Acquiescence: Examining Delays in Witness Testimony in Murder Cases

The Supreme Court explains why a witness's delayed report of a murder doesn't automatically destroy credibility, especially when fear of reprisal is involved.

Defense of a Stranger: Limits of Justification in Philippine Law

The Supreme Court clarifies when defense of a stranger justifies a killing, and when it does not.

Rape Conviction Stands Even Without Physical Injury: Absence of Genital Wounds Does Not Mean Consent

Philippine Supreme Court ruling: rape of a mentally incapacitated victim needs no genital injury; absence of wounds does not imply consent.

Speedy Disposition of Cases: Balancing Rights and Reasonableness in Preliminary Investigations

When does delay in preliminary investigation violate the right to speedy disposition? The Supreme Court explains the balancing test in Guiani v. Sandiganbayan.

Prescription in Insurance Claims: When Does the Clock Really Start Ticking

Philippine Supreme Court ruling clarifies when the prescriptive period for insurance claims begins, protecting policyholders from delayed denial.

Supreme Court Upholds VAT Refund Law for Foreign Tourists

The Supreme Court upholds RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection and uniform taxation.

When Does the Appeal Clock Start for Offended Parties in Criminal Acquittals?

Philippine Supreme Court clarifies when the 15-day appeal period begins for private offended parties appealing the civil aspect of an acquittal.

Loan or Partnership: Supreme Court on Novation and Acknowledgment Receipts

When does a loan become a partnership contribution? The Supreme Court clarifies novation, acknowledgment receipts, and payment application rules.

Rape Conviction Upheld: Witness Testimony Enough Despite Victim's Mental State

Supreme Court affirms rape conviction based on eyewitness testimony, ruling a victim's mental incapacity does not weaken prosecution evidence.

Protecting Children Statutory Rape AND THE Limits OF Parental Authority IN THE Philippines

The Supreme Court clarifies that parental authority does not allow a father to commit statutory rape against his own child.

Piercing the Corporate Veil: When Does a Corporation Assume Another's Debt

The Supreme Court clarifies when a corporation may be held liable for another company's debts, and when the corporate veil cannot be pierced.

Land Classification Prevails Prolonged Occupation Doesnt Trump Public Land Status

Supreme Court rules long possession of timberland cannot ripen into private ownership; land classification, not occupation, determines registrability.

Prior Payment of Check Value as Defense in Bouncing Checks Cases

When does paying the check amount before prosecution bar a B.P. 22 conviction? The Supreme Court explains in Griffith v. Court of Appeals.

Percentage Tax on Commercial Brokers: Lessons from Nichimen Corporation

When does a branch office become a commercial broker liable for percentage tax? The Supreme Court clarifies in Nichimen Corporation.

Restitution Does Not Erase Administrative Liability for Dishonesty in Public Service

Supreme Court ruling: a government employee who returns missing funds can still be dismissed for dishonesty. Learn the rule and its practical impact.

Uncertain Testimony in Rape Cases: Safeguarding Justice and Due Process

The Supreme Court clarifies that an imprecise date in a rape information does not void it, but failure to allege the victim's age bars the death penalty.

Judicial Efficiency: The Imperative of Timely Case Resolution and Consequences of Delay

A judge's heavy caseload does not excuse delayed rulings. This case explains the duty to decide promptly and the penalties for failure.