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Showing 13753–13776 of 18,241 articles for “supreme court”

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.

Airline Liability: The Ticket-Issuing Carrier Responsible for Your Entire Journey

Philippine Supreme Court ruling: ticket-issuing airlines are principals in contracts of carriage and liable for the acts of partner carriers on any segment.

Perfected Contracts and Collateral Sharing Agreements: When a Promise Must Be Kept

The Supreme Court rules on when a collateral sharing agreement is perfected and binding, and why courts cannot compel parties to sign an inexistent contract.

Zealous Advocacy Has Limits: Lawyers Reprimanded for Offensive Court Pleadings

Philippine Supreme Court reprimands lawyers for abusive language in pleadings, clarifying the limits of zealous advocacy and privileged communication.

Rape Conviction Upheld: Mental Capacity and the Meaning of Force and Intimidation

A Philippine Supreme Court ruling explains how force and intimidation in rape are judged, especially when the victim has mental retardation and cannot resist.

Simple Arson vs Destructive Arson: Intent and Degree of Damage in Philippine Law

The Supreme Court clarifies the distinction between simple arson and destructive arson, focusing on intent, degree of damage, and the properties burned.

Work-Related Injury? Basketball on Board a Vessel and Seafarer Disability Claims

The Supreme Court held that a seafarer injured during a basketball game on board a vessel may claim disability benefits under the Bunkhouse Rule.

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 Affirmed: Consent Not Inferred From Lack of Resistance Under Threat

Philippine Supreme Court affirms rape conviction, ruling that submission under threat of a knife is not consent, and upholds moral damages award.

Rape Conviction Affirmed: Minor Inconsistencies in Testimony Do Not Impair Credibility

The Supreme Court affirms a rape conviction, ruling that trivial inconsistencies in a victim's testimony and the absence of vigorous resistance do not signify consent.

Real vs Personal Actions: Mortgage Release Suits and Court Jurisdiction

When is a suit to release a mortgage a real or personal action? The Supreme Court clarifies jurisdiction rules in FEBTC v. Plaza.

Upholding Ejectment Demand Sufficiency Despite Reconveyance Suit

Philippine Supreme Court clarifies ejectment rules: demand allegations, reconveyance pendency, and supersedeas bond requirements in unlawful detainer cases.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Accountability in Public Service: Reassessing Penalties for Malversation of Funds

The Supreme Court clarifies the elements of malversation and corrects the penalty imposed on a city cash clerk who failed to deposit public funds.

Compromise Agreements Upholding Obligations AND Equitable Relief IN Property Disputes

Philippine Supreme Court ruling on sale-leaseback arrangements, equitable mortgages, and deed of assignment effects on debtor obligations.

When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals

The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.

Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage

Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.

Court of Appeals Erred in Dismissing Appeal Over Photocopied Annexes

Supreme Court rules photocopied annexes in Rule 43 appeals need not be certified true copies, only the assailed decision itself.

PCGG Authority Over Military Officers and the Limits of Revolutionary Power

Supreme Court ruling on PCGG jurisdiction over military officers, forfeiture of ill-gotten wealth, and the limits of revolutionary power.

Navigating COMELEC's Authority: Division vs. En Banc in Pre-Proclamation Disputes

Learn how the Supreme Court ruled on COMELEC's division vs. en banc authority in pre-proclamation cases, citing Milla v. Balmores-Laxa.

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.

Strike Legality Balancing Workers Rights AND Procedural Compliance IN Labor Disputes

Philippine Supreme Court ruling on strike legality, workers' rights, and procedural compliance in labor disputes.

When a Rape Conviction Is Set Aside: The Right to Counsel and Clear Judicial Decisions

The Supreme Court nullified a rape conviction because the trial court's decision lacked factual and legal basis, and the accused was deprived of effective counsel.

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.