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Showing 265–288 of 1,331 articles for “dar”

Just Compensation in Expropriation: How Courts Fix Fair Market Value

Philippine Supreme Court explains how courts determine just compensation in expropriation cases, including the standards and interest rules.

Plunder, Bail, and Preliminary Attachment: Key Rulings from the Revilla Case

The Supreme Court clarifies bail standards, conspiracy liability, and preliminary attachment in plunder cases under RA 7080.

Voice Recognition as Valid Identification in Rape Cases: Protecting Victims and Ensuring Justice

Supreme Court affirms rape conviction based on voice identification, clarifying force, intimidation, and victim credibility standards.

Histrionic Personality Disorder as Ground for Nullity: Understanding Marital Obligations and Psychological Inc

The Supreme Court affirms that histrionic personality disorder can be psychological incapacity under Article 36, explaining the standards for declaring a marriage void.

Fair Wage Standards for Bus Drivers Upheld: PBOAP v. DOLE Explained

The Supreme Court upheld DOLE Order No. 118-12 requiring part-fixed wages for bus drivers, ruling it a valid exercise of police power.

Ethical Boundaries: Upholding Respect and Dignity in Legal Advocacy

The Supreme Court reminds lawyers that even forceful arguments must remain respectful, citing Rule 8.01 of the CPR.

Chain of Custody in Drug Cases: Integrity of Evidence and the Reasonable Doubt Standard

Why failure to follow Section 21, RA 9165 chain of custody rules and conflicting police testimony led to acquittal in a drug sale case.

Entrapment vs Instigation: Defining the Boundaries of Drug Law Enforcement in the Philippines

The Supreme Court clarifies the distinction between entrapment and instigation in drug cases, upholding a buy-bust conviction under RA 9165.

Tenancy Rights: Establishing a Bona Fide Tenant Under Agrarian Law

The Supreme Court clarifies how courts determine DARAB jurisdiction and what allegations establish a bona fide tenant in agrarian disputes.

Self-Defense vs. Treachery: The Boundaries of Justifiable Homicide in Philippine Law

The Supreme Court clarifies when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Probable Cause in Deposit Insurance Claims: Lessons from PDIC v. Gidwani

The Supreme Court reinstates probable cause findings against Manu Gidwani for estafa and money laundering, clarifying standards for preliminary investigations in deposit insurance fraud cases.

Upholding Ethical Standards When Personal Conduct Impacts A Lawyers Professional Standing

Philippine Supreme Court ruling on lawyer discipline for conduct unbecoming, even without proof of sexual immorality.

Upholding Attorney Integrity: Dismissal of Disbarment Complaint Requires Substantial Evidence of Malice

Disbarment requires substantial evidence of malice, not mere speculation. The Supreme Court clarifies the standard in Santiago v. Santiago.

Judicial Ethics: Scrutinizing Complaints Against Justices and the Standard of Proof

A look at how the Supreme Court handles administrative complaints against justices, using a 2018 case to explain the burden of proof.

Land Ownership Disputes: Court vs. DAR Jurisdiction Over CLOA Cancellation

Philippine Supreme Court clarifies when courts lack jurisdiction over land disputes involving CLOAs and agrarian reform titles.

When Courts Cannot Decide Land Ownership Disputes Involving Agrarian Reform Awards

Philippine Supreme Court clarifies that cancellation of CLOAs falls under DAR Secretary's jurisdiction, not regular courts.

Unexplained Wealth Forfeiture of Illegally Acquired Assets Under Philippine Law

The Supreme Court clarifies the rules on forfeiture of unlawfully acquired assets under RA 1379, including the burden of proof and evidentiary standards.

Master's Degree Requirement for College Faculty: Educational Standards Prevail Over CBA Tenure Provisions

Supreme Court rules CHED faculty qualification requirements prevail over CBA tenure-by-default provisions, upholding dismissal of professors without master's degrees.

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Sheriffs Overreach: Defining the Boundaries of Official Duty and Ethical Conduct

A Supreme Court ruling clarifies when a sheriff's actions exceed official duty, imposing administrative liability for abuse of authority.

Notarial Standards and Valid ID: The 2004 Rules Apply Prospectively, Not Retroactively

A lawyer cannot be disciplined for notarizing a deed using CTCs when the old notarial law, not the 2004 Rules, applied at the time.

Upholding Ethical Standards: Consequences for Judicial and Notarial Misconduct in the Philippines

The Supreme Court dismisses a judge for gross immorality and suspends him from law practice, reaffirming strict ethical standards for the judiciary and bar.

Rape and Intimidation: The Victim's Testimony and the Element of Fear in Philippine Law

The Supreme Court explains how force and intimidation in rape are judged from the victim's perspective, not by an objective standard.

Rape Conviction Hinges on Proof of Force: Victim Testimony and Rights in Child Abuse Cases

A Supreme Court ruling on rape conviction clarifies victim testimony standards, force requirements, and damages in child abuse cases.