Evidence needed for psychological violence (2)
Evidence adduced must be closely examined under the lens of a judicial microscope to ensure that conviction only flows from moral certainty that guilt has been…
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Eduardo Martinez
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When prescription starts and is tolled
Under Section 281 of the 1997 NIRC, prescription for criminal offenses where the commission of the violation is not known shall begin to run from its discovery.
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Law jurisdiction granting divorce must be proved
A divorce between a foreigner and a Filipino may be recognized in the Philippines if it was validly obtained in accordance with the personal law of the foreign…
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Liability under Child Abuse Law
His act of laying hands on his children was done with the specific intent to debase, degrade, or demean their intrinsic worth and dignity as human beings.
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FCDUs are exempt from estate tax
It is a fundamental rule in statutory construction that between a general law and a special law, the latter prevails because a special law reveals the…
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Labor arbiters’ money claims jurisdiction
With regard to OFWs, Section 10 of Republic Act 8042, as amended by Republic Act 10022, states that original and exclusive jurisdiction over their claims shall…
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Foreign parenting plans need Phl court recognition
‘A perusal of the records reveals that the evidence failed to adhere to the Rules. Here, what was introduced into evidence was only a copy of the Parenting…
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Damages based on breach of contract
When an academic institution accepts students for enrollment, a contract is established between them, resulting in bilateral obligations that both parties are…
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Custody granted to OFW parent
In this particular case, the husband contended that his wife was working in France and the children were left in the care of her mother.
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