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Showing 1657–1680 of 5,105 articles for “ict”

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

In Pari Delicto Exception: Unjust Enrichment in Illegal Subcontracts

When an illegal contract leaves one party unjustly enriched, Philippine courts may set aside in pari delicto to prevent inequity.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

VAT Refund Timeliness: Strict Deadlines for Appealing BIR Decisions

Philippine Supreme Court clarifies mandatory 120+30 day periods for VAT refund judicial claims, citing CBK Power v. CIR.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.

Sheriff’s Duty on Expense Handling: Strict Compliance With Court Rules to Prevent Misconduct

A sheriff who demanded and received execution expenses without court approval or liquidation was suspended for conduct prejudicial to the best interest of the service.

Protecting Children: High Court Clarifies Rape and Acts of Lasciviousness Rules

The Supreme Court clarifies when sexual acts against minors constitute rape versus acts of lasciviousness, and explains the rules on conviction.

Integrity of Evidence Prevails: Non-Compliance With Drug Evidence Procedures Not Always Fatal to Conviction

The Supreme Court acquits a drug suspect due to police failure to follow Section 21, R.A. 9165, emphasizing evidence integrity.

Credible Testimony Alone Sufficient FOR Rape Conviction Examining Standards OF Evidence

Treachery in Criminal Law: Ensuring Justice for Victims of Sudden Attacks

Philippine Supreme Court clarifies kidnapping for ransom elements, penalties, and damages in People v. Con-ui.

Kidnapping for Ransom Conviction Affirmed; Damages Fixed at P300,000 Per Victim

SC affirms kidnapping-for-ransom conviction, sets damages at P300,000 per victim with 6% interest, and clarifies rules on witness credibility and alibi.

Safeguarding Rights: The Importance of Procedural Compliance in Drug Cases

Why strict compliance with Section 21 of RA 9165 is vital in drug cases, and how its breach led to an acquittal.

Incestuous Rape: Child Victims' Testimony and Parental Responsibility

Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies attempted rape vs. acts of lasciviousness distinction.

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters for Conviction

Philippine Supreme Court acquits drug suspect over police failure to follow Section 21, RA 9165 chain of custody rules.

Buy-Bust Lapses and Drug Convictions: What Taculod Teaches About Section 21

The Supreme Court affirms a drug conviction despite procedural lapses, clarifying when non-compliance with Section 21 is excusable and why objections must be raised early.

Balancing ACT When Courts Weigh Conflicting Lawsuits AND Unconscionable Interest Rates

Incestuous Rape: Why Courts Trust Child Victims' Testimony in Parental Abuse Cases

Philippine Supreme Court affirms rape conviction based on child victims' credible testimony, explaining why intact hymen and minor inconsistencies don't defeat prosecution.

When Zoning Removes Land from Agrarian Reform: Jopson v. DBP and DARAB Jurisdiction

A Supreme Court ruling explains why land reclassified as commercial before the agrarian reform law falls outside DARAB jurisdiction and tenancy claims.

Breach of Trust: Defining Qualified Theft Through Grave Abuse of Confidence in Employment

A sales clerk who failed to remit collections was convicted of qualified theft, not estafa. The Supreme Court explains the key difference.

Kidnapping for Ransom: Proving Guilt Beyond Reasonable Doubt and Awarding Damages

A Supreme Court ruling explains how kidnapping for ransom is proven beyond reasonable doubt and what damages victims receive.

Proximate Cause in Quasi-Delict Cases: Linking Negligence to Injury

The Supreme Court clarifies that in quasi-delict cases, the plaintiff must prove proximate causation by preponderance of evidence.

Protecting Vulnerable Victims: Admissibility of Testimony From Persons With Mental Retardation in Rape Cases

The Supreme Court affirms that persons with mental retardation can be credible witnesses in rape cases, provided they understand questions and testify clearly.

Rape Conviction Upheld Despite Victim's Mental Retardation: People v. Manicat

The Supreme Court upheld a rape conviction where the victim had mild mental retardation, ruling that mental disability does not automatically disqualify a witness.