Summary Procedure and Preliminary Investigation for Criminal Cases, per the...
Carpio v. De Guzman, A.M. No. MTJ-93-850, October 2, 1996, 262 SCRA 615The Supreme Court's decision in Carpio v. De Guzman remains an important authority on the responsibility of trial judges to know...
View ArticleReal estate developer's contractual responsibility may arise even at the...
When a Developer Fails to Honor Its Promise: Empire East Land Holdings, Inc. v. BautistaThe Supreme Court's decision in Empire East Land Holdings, Inc. v. John Edrem Bautista, G.R. No. 272556, February...
View ArticleSpeedy Disposition of Cases: Whether the Ombudsman's delay in terminating the...
Nancy A. Catamco (formerly Nancy C. Perez) v. Sandiganbayan, Sixth Division, Office of the Ombudsman, and People of the PhilippinesG.R. Nos.: 243560-62; consolidated with Pompey M. Perez v....
View Article2018 NEW BAIL BOND GUIDE
(NAR) VOL. 29 NO. 2/ APRIL - JUNE 18[ DEPARTMENT CIRCULAR NO. 013, April 25, 2018 ]2018 NEW BAIL BOND GUIDEAdopted: 08 March 2018Date Filed: 25 April 2018WHEREAS, the right to bail is enshrined in the...
View ArticleAdministrative cases against lawyers do not prescribe.
Fidela Bengco and Teresita N. Bengco v. Atty. Pablo S. Bernardo, A.C. No. 6368, June 13, 2012, Second Division, Reyes, J. Bengco v. Bernardo — Detailed Case Digest1. Case identificationCase: Fidela...
View ArticleRepublic Act No. 9231 (ANTI-CHILD LABOR LAW): Detailed Summary of the Key...
Republic Act No. 9231, approved on 19 December 2003, is the Philippines' principal anti-child labor law. It is formally entitled:> "An Act Providing for the Elimination of the Worst Forms of Child...
View ArticleCHILD LABOR IN THE PHILIPPINES, U.S. Trade Measures, Philippine Law, Supreme...
It is important to distinguish between U.S. tariffs and U.S. forced-labor import enforcement, because they arise from different legal authorities.I. U.S. Tariffs and Forced-Labor Restrictions on...
View ArticleTo give meaning to the legislative intent of RA 9344, the promotion of the...
"Section 38 of RA No. 9344 provides that when the child below 18 years of age who committed a crime and was found guilty, the court shall place the child in conflict with the law under suspended...
View ArticleComputation of PENALTY for RAPE where the accused is a MINOR. - CHILD IN...
"Under Article 266-B, in relation to Article 266-A(1) of the Revised Penal Code, as amended, simple rape is punishable by reclusion perpetua. However, when rape is committed by 2 or more persons, the...
View ArticleDNA TEST is not essential, while there exists other evidence pinning down...
"Appellants' claim that a DNA test on the spermatozoa found on AAA's vagina should have been submitted for DNA testing to know whether the sperm indeed came from both appellants or from AAA's...
View ArticleEntries in a POLICE BLOTTER, although regularly done in the course of the...
"Appellants' contention that if AAA was positive as to their identification as the perpetrators of the crime charged, why were there two other names included in the police blotter, is also...
View ArticlePeople react differently to emotional stress and no standard form of behavior...
"Appellants' argument that AAA's conduct after the alleged sexual assault, i.e., washing her bloodied panty and maong pants, and washing her private part, are not the normal behavior of a woman who had...
View ArticleFor ALIBI to prosper, it does not suffice to prove that the accused was at...
"We find that the RTC correctly rejected appellants' defense of denial and alibi. AAA positively identified appellants as the persons who raped her. She knew them as they were neighbors since...
View ArticleUnder Article 8 of the Revised Penal Code, there is CONSPIRACY when two or...
"We find the presence of conspiracy in this case between the appellants. Under Article 8 of the Revised Penal Code, there is conspiracy when two or more persons come to an agreement concerning a felony...
View ArticleWhether the prosecution was able to prove beyond reasonable doubt appellants'...
"Appellants claim that based on AAA's testimony, the element of carnal knowledge was not established since she claimed to be unconscious, hence, she would not know the act allegedly done to her; that...
View Article"Lascivious Conduct" (RA 7610) vs. "Acts of Lasciviousness" (Revised Penal Code)
The Supreme Court En Banc has clarified that LASCIVIOUS CONDUCT punishable under Section 5(b) of Republic Act No. 7610 is a DISTINCT offense from the Revised Penal Code offense of ACTS OF...
View ArticleWhen are ADMINISTRATIVE WARRANTS valid and justified?
EN BANC[ G.R. No. 242957. February 28, 2023 ]THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION AND THE JAIL WARDEN, BUREAU OF IMMIGRATION DETENTION CENTER, PETITIONERS, VS. YUAN WENLE,...
View ArticleAssignment of errors on appeal: a matter not raised by the parties may be...
EN BANC[ G.R. No. 242957. February 28, 2023 ]THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION AND THE JAIL WARDEN, BUREAU OF IMMIGRATION DETENTION CENTER, PETITIONERS, VS. YUAN WENLE,...
View ArticleThe exercise of judicial power requires an actual case calling for it; thus,...
EN BANC[ G.R. No. 242957. February 28, 2023 ]THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION AND THE JAIL WARDEN, BUREAU OF IMMIGRATION DETENTION CENTER, PETITIONERS, VS. YUAN WENLE,...
View ArticleDoctrines of exhaustion of administrative remedies and of primary jurisdiction
EN BANC[ G.R. No. 242957. February 28, 2023 ]THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION AND THE JAIL WARDEN, BUREAU OF IMMIGRATION DETENTION CENTER, PETITIONERS, VS. YUAN WENLE,...
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