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Showing 1489–1512 of 5,105 articles for “ict”

Ejectment vs Ownership: Defining Jurisdiction in Philippine Property Disputes

Philippine Supreme Court clarifies when a property dispute is ejectment or an ownership action, and limits RTC appellate powers.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Sheriffs Duty Strict Adherence TO Execution Procedures AND Accountability

Breach of Public Trust: Endorsing Irregular Bonds and Undue Advantage

Supreme Court affirms conviction of GSIS VP for endorsing irregular surety bond, giving undue advantage to private company.

Child's Testimony in Statutory Rape and Qualified Rape: Lessons from People v. Delfin

When the prosecution cannot prove a child's age, statutory rape fails — but force and intimidation may still support a simple rape conviction.

HLURB Jurisdiction in Subdivision Disputes: Residential Use vs Religious Worship

Supreme Court rules HLURB has jurisdiction over subdivision disputes involving residential use violations, including church operations in residential lots.

Qualified Theft and Circumstantial Evidence: When Conviction Stands Without Direct Proof

The Supreme Court explains when circumstantial evidence suffices to convict for qualified theft, and how courts fix the value of stolen goods.

Rape Prosecution: No Requirement of Seclusion or Medical Findings

Philippine Supreme Court clarifies that rape can occur in public places and medical findings are not indispensable for conviction.

Breaking the Chain: Upholding Drug Convictions Despite Minor Procedural Lapses

The Supreme Court clarifies that minor gaps in marking evidence do not break the chain of custody in drug cases, affirming a life sentence.

Upholding Corporate Governance: The Limits of Status Quo Orders in Intra-Corporate Disputes

The Supreme Court clarifies the strict rules for status quo orders in intra-corporate disputes, emphasizing due process, bonds, and the limits of provisional relief.

Dishonored Checks and Moral Turpitude: Dismissal in Public Service

A court employee's conviction for violating Batas Pambansa Blg. 22 (Bouncing Checks Law) constitutes a crime involving moral turpitude, warranting dismissal from public service.

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

Upholding Drug Convictions: Integrity of Evidence Despite Procedural Lapses in Chain of Custody

The Supreme Court affirmed a drug conviction despite lapses in the Section 21 inventory and photography requirements, because the chain of custody of the seized shabu remained unbroken.

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

A Supreme Court ruling clarifies that treachery does not require an attack from behind—even a frontal assault can qualify as murder when it is sudden and unexpected.

Succession Disputes Resolving Conflicts IN Estate Administration AND Heir Designations

Juvenile Justice Balancing Rehabilitation AND Accountability IN HOMICIDE CASES

The Supreme Court clarifies when a child in conflict with the law may still be imprisoned, even under the Juvenile Justice and Welfare Act.

Unlawful Detainer vs Accion Publiciana: Jurisdiction Depends on the Complaint's Allegations

Philippine Supreme Court clarifies when ejectment cases belong in MeTC versus RTC, based on the complaint's allegations.

Donor's Tax on Share Sales: Fair Market Value and Donative Intent

Supreme Court rules on donor's tax for share sales below book value, fair market value determination, and CTA jurisdiction.

Unlawful Detainer and Possession Rights in Philippine Property Disputes

The Supreme Court clarifies when a case is unlawful detainer versus accion publiciana, and why the complaint's allegations determine jurisdiction.

Judge Fined P40,000 for Using Court Chambers as Residence and Love Nest

Supreme Court holds judges to strict moral standards, penalizing a judge who used his chambers as residence and for an extramarital affair.

Government Infrastructure Projects: Restrictions on Injunctive Relief Explained

The Supreme Court clarifies when courts may issue injunctions against government infrastructure projects under RA 8975.

VAT Refund Claims: Strict Deadlines and Proper Documentation Required

Philippine Supreme Court clarifies VAT refund rules: strict 2-year filing deadlines and the necessity of official receipts for zero-rated services.

Judicial Conduct Upholding Impartiality AND Adherence TO Procedural Rules IN Court Proceedings

The Supreme Court reinstates NLRC dismissals, emphasizing strict compliance with procedural rules in labor appeals and the finality of judgments.