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显示第 2425–2448 篇,共 24,642 篇文章

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Oct 7, 2020entrapmentinstigationhuman traffickingra 9208qualified traffickingcriminal law

Entrapment vs Instigation in Human Trafficking Cases: Philippine Supreme Court Ruling

The Supreme Court clarifies the difference between entrapment and instigation in a human trafficking case, affirming a conviction for qualified trafficking.

Oct 7, 2020legal ethicsdisbarmentproperty redemptioncode of professional responsibilitylocal government codelawyer misconduct

When Lawyers Overstep: Misrepresentation in Property Redemption and Disbarment Risks

A lawyer's unauthorized claim to redeem property led to a two-year suspension. Learn the ethical rules and property redemption limits.

Oct 7, 2020legal ethicscode of professional responsibilityadministrative lawearnest moneylawyer discipline

When Lawyers Must Uphold Honesty in Private Deals: Lessons from Aguinaldo v. Asuncion

A lawyer's suspension for deceitful conduct in a private land sale shows that ethical duties extend beyond the courtroom.

Oct 6, 2020legal ethicsdisbarmentcode of professional responsibilitylawyer misconductadministrative casesupreme court

Fabricating Court Decisions: When a Lawyer’s Dishonesty Leads to Disbarment

A lawyer who faked a court decision and misled a client faced disbarment. Learn the ethical rules and consequences.

Oct 6, 2020administrative-lawgovernment incentivescommission on auditsolidary liabilitygood faithsupreme court

Understanding Liability for Disallowed Government Incentives: Insights from a Philippine Supreme Court Case

A Philippine Supreme Court case clarifies when government officials may be held liable for disallowed incentives, and the limits of good faith as a defense.

Oct 6, 2020legal ethicsdisbarmentlawyer misconductcode of professional responsibilityadministrative case

Lawyer Misconduct: Disbarment for Dishonesty and Deceit in Property Transactions

The Supreme Court disbarred a lawyer for fabricating court filings and a fake decision in a client's annulment case, underscoring strict ethical standards.

Oct 6, 2020criminal procedurerules of courtrequest for admissiondiscoverysandiganbayansupreme court

Discovery in Criminal Cases: Why Requests for Admission Do Not Apply

Explaining the Supreme Court's ruling that requests for admission under Rule 26 apply only to civil cases, not criminal proceedings.

Oct 6, 2020property-lawreversionreal-party-in-interestbcdaland-titlegovernment-authority

Republic v. Heirs of Bernabe: Who May Sue for Reversion of Former Military Lands

The Supreme Court clarifies that the Republic, not the BCDA, is the real party in interest in reversion cases involving former military reservations.

Oct 5, 2020criminal-lawraperes-gestaecircumstantial-evidencerules-of-courtsupreme-court

Understanding Rape Convictions: Res Gestae and Circumstantial Evidence in Philippine Courts

How Philippine courts convict in rape cases when the victim cannot testify, using res gestae and circumstantial evidence.

Oct 5, 2020ra 9262psychological violenceviolence against womenmarital infidelitycriminal lawsupreme court

Understanding Psychological Violence Under RA 9262: Insights From a Landmark Supreme Court Case

The Supreme Court clarifies what constitutes psychological violence under RA 9262, including marital infidelity, and the penalties for offenders.

Oct 5, 2020maritime lawseafarer disabilitythird doctor rulepoea-secoverseas employment

Navigating Seafarer Disability Claims: The Mandatory Third Doctor Rule in the Philippines

Understand the mandatory third doctor rule in Philippine seafarer disability claims and why company physician assessments prevail when the rule is ignored.

Oct 5, 2020illegal recruitmentlarge scalera 8042migrant workerslabor lawoverseas employment

Understanding Illegal Recruitment in Large Scale: Protecting Filipino Workers From Employment Scams

The Supreme Court explains illegal recruitment in large scale under RA 8042, as amended, and the penalties for unlicensed recruiters.

Oct 5, 2020grave misconductgovernment procurementadministrative lawpublic accountabilitycivil service

Grave Misconduct and Government Procurement: Upholding Accountability in Public Projects

The Supreme Court affirms that public officials may be held liable for grave misconduct arising from irregularities in government procurement, reinforcing accountability in public projects.

Oct 5, 2020murdertreacheryself-defensewitness credibilitycriminal lawsupreme court

Proving Murder Through Witness Credibility: The Maghuyop Case on Treachery and Self-Defense

The Supreme Court affirms a murder conviction, explaining how credible eyewitness testimony overcomes claims of self-defense and establishes treachery.

Oct 5, 2020labor-lawregular-employmentfixed-term-employmentsecurity-of-tenureconstructive-dismissalsupreme-court

Understanding Regular vs Fixed-Term Employment: Insights From a Landmark Supreme Court Ruling

A landmark ruling clarifies when fixed-term contracts are valid and when workers become regular employees entitled to security of tenure.

Oct 5, 2020criminal-lawself-defensetreacherymurderphilippine-supreme-court

Self-Defense and Treachery in Philippine Murder Cases: Key Insights from a Recent Ruling

Learn how Philippine courts evaluate self-defense claims and treachery in murder cases, based on a recent Supreme Court ruling.

Oct 5, 2020labor lawregular employmentfixed-term employmentsecurity of tenureconstructive dismissalphilippine supreme court

Employee vs Independent Contractor: Landmark Ruling on Regular Employment

Supreme Court clarifies when fixed-term contracts are invalid and workers become regular employees entitled to security of tenure.

Oct 5, 2020administrative lawmitigating circumstancesgovernment serviceadministrative penaltiescivil servicedisciplinary action

Understanding Mitigating Circumstances in Administrative Penalties: A Case of Fairness in Government Service

Explore how mitigating circumstances affect administrative penalties in Philippine government service, promoting fairness and proportionality in disciplinary actions.

Oct 4, 2020foreign divorcejudicial recognitionauthentication of evidencefamily coderules of court

Proving Foreign Divorce in the Philippines: The Authentication Requirement

Philippine courts require strict authentication of foreign divorce decrees and the alien spouse's national law before a Filipino can remarry.

Oct 4, 2020prescriptionoral contractscivil codecollection of sum of moneysupreme court

Prescription Period for Oral Contracts: What Creditors and Debtors Must Know

The Supreme Court clarifies the six-year prescription period for oral contracts and why timely action is critical for creditors and debtors.

Sep 30, 2020criminal-lawwarrantless-searchunreasonable-seizurebill-of-rightscheckpointillegal-possession

Warrantless Searches and the Right Against Unreasonable Seizures in the Philippines

Learn how the Supreme Court protects citizens from unreasonable warrantless searches, using a 2020 hand grenade case as an example.

Sep 30, 2020civil-service-commissionappointment-recalldue-processadministrative-lawqualification-standardssupreme-court

Recall of Appointments Without Notice and Hearing: Insights from a Landmark CSC Case

The Supreme Court clarifies when the CSC may recall a civil service appointment without prior notice and hearing, and the limits of good faith.

Sep 30, 2020legal-ethics

Navigating THE Ethical Boundaries THE Role OF Lawyers IN Corporate Governance AND THE Dangers OF Frivolous Disbarment Claims

Sep 30, 2020labor-and-employment-lawregular employmentproject employeesecurity of tenureillegal dismissal

Understanding Regular Employment: How Continuous Rehiring Affects Worker Status

The Supreme Court clarifies when continuous project rehiring makes a worker regular, not project, employee under Philippine labor law.