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显示第 2641–2664 篇,共 24,643 篇文章

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Jul 28, 2020banking lawliquidationpdicjurisdictionreceivershipcivil procedure

When a Bank Fails: Jurisdiction Over Claims Against Banks Under Liquidation

Philippine Supreme Court rules on which court hears claims against a bank placed under PDIC liquidation, voiding orders from a court without jurisdiction.

Jul 28, 2020bank liquidationpdicjurisdictioninsolvent banksdisputed claimsphilippine law

Bank Liquidation Jurisdiction and Claims Against Insolvent Banks in the Philippines

When a bank enters liquidation, all claims against it—including mortgage disputes—must be filed with the liquidation court, not regular courts.

Jul 28, 2020property lawnotarial practiceland disputesadministrative caselegal ethics

Property Title Disputes and Notarial Duties: Lessons from a Philippine Administrative Case

A Philippine Supreme Court ruling clarifies notarial duties in property transactions, showing why proper identity verification matters in land disputes.

Jul 28, 2020speedy disposition of casesconstitutional rightsombudsmanpreliminary investigationcriminal procedurecagang doctrine

Understanding Abuse of Rights When Legal Actions Cross Ethical Boundaries

When does the right to speedy disposition become a shield against inordinate delay? The Supreme Court clarifies in Catamco v. Sandiganbayan.

Jul 28, 2020bailrecognizancecovid-19prisonerssupreme courtcriminal procedure

Supreme Court on Bail for Prisoners During COVID-19: The Almonte Ruling

The High Court explains when prisoners charged with serious offenses may seek bail or recognizance during a public health crisis.

Jul 28, 2020undue delayjudicial ethicsadministrative liabilityjudgesspeedy disposition

Undue Delay in Rendering Decisions: When a Judge's Delay Draws Administrative Liability

The Supreme Court fined a judge for undue delay in rendering a decision, clarifying when judicial delay becomes administratively actionable.

Jul 28, 2020criminal lawchain of custodydrug offensessection 21 ra 9165insulating witnessesbuy-bust

Why Insulating Witnesses Matter in Drug Seizure Cases: People v. Balbarez

The Supreme Court acquits a drug suspect due to a broken chain of custody, stressing the critical role of insulating witnesses under Section 21.

Jul 28, 2020anti-graft lawra 3019good faithpublic officerssandiganbayancriminal law

Good Faith and Misinterpretation in Public Office: A Guide to the Anti-Graft Law

The Supreme Court clarifies when a public officer's mistaken interpretation of rules negates criminal liability under the Anti-Graft Law.

Jul 28, 2020criminal lawchain of custodydrug casesra 9165section 21acquittal

Chain of Custody in Drug Cases: Why Broken Links Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody. Learn the four links and insulating witness rules under RA 9165.

Jul 28, 2020speedy dispositionombudsmansandiganbayancagangpreliminary investigationconstitutional rights

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal

The Supreme Court clarifies when Ombudsman delay violates the constitutional right to speedy disposition of cases, applying the Cagang guidelines.

Jul 28, 2020labor lawovertime payholiday payservice incentive leavefield personnelsupreme court

Employee Rights to Overtime, Holiday, and Service Incentive Leave Pay in the Philippines

The Supreme Court clarifies when workers are "field personnel" and their rights to overtime, holiday, and service incentive leave pay.

Jul 28, 2020criminal lawspeedy dispositionombudsmanpreliminary investigationsandiganbayanconstitutional rights

The Right to Speedy Disposition of Cases: Insights from a Landmark Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when Ombudsman delay violates the constitutional right to speedy disposition of cases.

Jul 28, 2020lawyer misconductadministrative lawcode of professional responsibilitysupreme courtsuspensionnotary public

Lawyer Misconduct: The Consequences of Ignoring Court Orders in the Philippines

A lawyer who ignores Supreme Court directives faces added suspension. Learn the consequences of disobeying lawful orders.

Jul 28, 2020chain of custodydangerous drugsra 9165drug casescriminal lawsection 21

Understanding the Critical Role of Chain of Custody in Philippine Drug Cases

The Supreme Court acquits a drug suspect due to broken chain of custody, explaining why Section 21 compliance matters in Philippine drug cases.

Jul 27, 2020criminal-procedureappealrules-of-courtchain-of-custodydrug-offenses

Balancing Procedural Rules and Substantive Justice in Criminal Appeals

The Supreme Court recalls an entry of judgment and reinstates a drug conviction appeal, showing when procedural lapses yield to substantive justice.

Jul 27, 2020notarial practiceproperty rightslegal ethicsadministrative casesupreme courtland disputes

Notarial Negligence and Property Rights: Lessons from De Guzman v. Venzon

A notary's failure to verify identity can cost you your land. Learn the rules and penalties from a recent Supreme Court ruling.

Jul 27, 2020administrative lawcivil servicehabitual tardinessundertimepublic trustsupreme court

Upholding Public Trust Disciplinary Actions for Tardiness and Undertime in the Judiciary

The Supreme Court reminds court employees that tardiness and undertime violate the constitutional canon that public office is a public trust.

Jul 27, 2020illegal dismissallabor lawunion bustingsecurity of tenureterminationdue process

Illegal Dismissal and Union Busting: What SPC Power v. Santos Teaches Employers

The Supreme Court explains when dismissal becomes illegal, focusing on union busting and the employer's burden of proof in termination cases.

Jul 15, 2020vat refundtax creditzero-rated salesbircourt of tax appealsinput vat

Unlocking the Timeline for VAT Refund Claims: A Guide to Navigating Tax Refund Procedures in the Philippines

Learn how the Supreme Court clarified the 120-day and 30-day periods for VAT refund claims, and what documents prove zero-rated sales.

Jul 15, 2020qualified traffickingra 9208human traffickingconsentvulnerabilityminors

Understanding Qualified Trafficking in Persons: Consent and Vulnerability in Philippine Law

The Supreme Court explains how consent does not negate trafficking when victims are vulnerable minors recruited for sexual exploitation.

Jul 15, 2020illegal dismissalabandonment of employmentlabor standardswage disputesbackwageslabor code

Illegal Dismissal and Wage Claims: Lessons from Lusabia v. Super K Drug Corporation

A Supreme Court ruling clarifies abandonment of employment, the employer's burden of proof in wage disputes, and remedies for illegally dismissed workers.

Jul 15, 2020search warrantcriminal procedureconstitutional lawdrug casesbill of rightsparticularity

Particularity in Search Warrants: What Diaz v. People Means for Your Rights

The Supreme Court explains when a search warrant's description of a place is sufficiently particular under the Constitution, using Diaz v. People.

Jul 15, 2020trafficking in personsra 9208qualified traffickingminorscriminal lawchild protection

Qualified Trafficking in Persons: Protecting Minor Victims in the Philippines

The Supreme Court affirms the conviction of a bar manager for qualified trafficking in persons involving a minor victim.

Jul 15, 2020unlawful detainerreal party in interestrules of courtejectmentphilippine army

Real Party in Interest in Unlawful Detainer: Lessons from Collao v. Albania

The Supreme Court clarifies who may sue for unlawful detainer and why procedural technicalities should not delay eviction cases.