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显示第 2857–2880 篇,共 24,646 篇文章

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Mar 4, 2020labor lawillegal dismissalproportionate penaltyjust causeterminationsupreme court

Balancing Employee Misconduct With Proportionate Penalties: Insights From a Landmark Philippine Supreme Court

The Supreme Court ruled that dismissal was too harsh for an employee who took expired company products, emphasizing proportionate penalties.

Mar 4, 2020incestuous rapequalified rapevictim credibilityrevised penal codecriminal lawsupreme court

Understanding Incestuous Rape Standards and Victim Credibility in Philippine Courts

A Philippine Supreme Court ruling clarifies legal standards for incestuous rape and how courts assess victim credibility in such cases.

Mar 4, 2020family-lawforeign-divorcearticle-26family-coderemarriagesupreme-court

Unlocking the Path to Remarriage: How Philippine Courts Handle Foreign Divorce Decrees

The Supreme Court clarifies when Filipino spouses in mixed marriages may remarry after a foreign divorce, and why courts relax procedural rules for substantial justice.

Mar 4, 2020probable causepublic procurementombudsmananti-graftra 3019government procurement

Understanding Probable Cause in Public Procurement: Insights from a Landmark Supreme Court Decision

The Supreme Court clarifies probable cause standards in public procurement cases, emphasizing that mere signature on documents does not prove bad faith.

Mar 4, 2020demurrer to evidencecriminal procedurecertiorarisandiganbayananti-graftrule 65

Understanding Demurrers to Evidence: When Can You Challenge the Prosecution's Case

A demurrer to evidence lets an accused challenge the prosecution's case. But denial cannot be attacked via certiorari, as Espinosa v. Sandiganbayan shows.

Mar 4, 2020execution of judgmentsprescription periodcivil procedurephilippine lawcourt judgmentsrevival of judgment

Understanding the Time Limits for Executing Court Judgments in the Philippines

Learn the prescriptive periods for enforcing court judgments in the Philippines, including the rules on execution, revival, and important exceptions.

Mar 3, 2020criminal lawattempted homicidefrustrated homiciderevised penal codesupreme court rulingevidence

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

Mar 2, 2020maritime-lawseafarer-compensationwork-related-illnesspoea-contractquitclaimdisability-benefits

Navigating Work-Related Illness Claims: The Supreme Court's Ruling on Seafarer Compensation

Understand the Supreme Court's ruling on seafarer compensation for work-related illness, including the reasonable link test and quitclaim validity.

Mar 2, 2020legal ethicsnotarial practiceconflict of interestcode of professional responsibilityadministrative casesupreme court

Navigating Conflict of Interest: The Importance of Ethical Notarization in Legal Practice

A lawyer who notarizes an adverse party's affidavit risks conflict of interest and suspension. Learn the ethical rules.

Mar 2, 2020election-lawnuisance-candidatescomelecmulti-slot-electionsphilippine-elections

Nuisance Candidates in Multi-Slot Elections: What the Rules Really Say

Nuisance candidates in multi-slot elections: the legal test, the Comelec's discretion, and practical guidance for aspirants.

Mar 2, 2020property-lawboundary disputeslocal government codesanggunianappealsupreme court

Boundary Disputes in the Philippines: Key Lessons from Municipality of Bakun v. Municipality of Sugpon

A Supreme Court ruling clarifies how local government boundary disputes are appealed, and why procedural rules yield to substantial justice.

Mar 2, 2020property-lawreconstitution-of-titletorrens-systemevidence-burdenland-registrationsupreme-court

Proving Inheritance The Burden OF Evidence IN Philippine Property Disputes

Philippine Supreme Court clarifies what evidence is needed to prove a certificate of title existed before reconstitution is granted.

Mar 2, 2020treacherymurdercriminal-lawalibieyewitness-identificationdamages

Understanding Treachery in Murder Cases: Key Insights from a Supreme Court Ruling

A Supreme Court ruling explains treachery, alibi, eyewitness identification, and damages in murder cases. Learn the key principles.

Mar 1, 2020judicial ethicsadministrative lawsupreme courtcode of judicial conductjudges

Judicial Decorum in Philippine Courts: Lessons from Judge Dajao's Vulgar Conduct Case

The Supreme Court fined a judge for vulgar language and self-promotion, reaffirming strict standards of judicial decorum under Philippine law.

Mar 1, 2020transferee pendente litetrademark assignmentintellectual propertycivil proceduresunfire tradingtrademark litigation

Transferee Pendente Lite in Trademark Assignments: The Sunfire Trading Case

Learn how the Sunfire Trading ruling clarifies that buying a trademark during litigation binds the buyer to the case's outcome.

Feb 26, 2020legal ethicslawyer misconductcode of professional responsibilitydisbarmentharassment suitssupreme court

Lawyer Misconduct: The Consequences of Filing Baseless Lawsuits in the Philippines

The Supreme Court suspends a lawyer for two years for filing baseless suits to harass an opposing party—a lesson on the limits of a lawyer's zeal.

Feb 26, 2020administrative lawcivil servicesimple misconductworkplace harassmentpublic sectordiscipline

Teasing in the Public Sector: When a Joke Becomes Simple Misconduct

The Supreme Court clarifies when workplace teasing crosses the line into simple misconduct, and why dismissal may be warranted for repeat offenses.

Feb 26, 2020labor-lawconstructive-dismissalabandonmentseparation-paynlrcjurisprudence

Constructive Dismissal and Abandonment: Key Insights from a Philippine Labor Case

Learn how Philippine courts distinguish constructive dismissal from abandonment of work, and when separation pay is due.

Feb 26, 2020notarial lawnotary publicadministrative casedisbarmentsupreme court rulinglegal ethics

Notarizing a Document: When a Notary Public Is Not Liable for False Contents

Learn when a notary public is not liable for false statements in a notarized document, based on a 2020 Philippine Supreme Court ruling.

Feb 26, 2020contract-to-sellpartial-paymentsforfeitureproperty-lawcivil-codejurisprudence

When Sellers May Keep Partial Payments in a Failed Property Sale

Philippine Supreme Court ruling on when a seller may keep partial payments as rentals after a failed contract to sell.

Feb 26, 2020civil procedurepetition for reliefextrinsic fraudjurisdictionrule 38philippine courts

Petition for Relief and Extrinsic Fraud: Jurisdiction Limits in Philippine Courts

Learn how Philippine courts handle petitions for relief from judgments, the role of extrinsic fraud, and jurisdictional limits under Rule 38.

Feb 26, 2020legal ethicsdisbarmentlawyer misconductcorporate governancevoting trustfraud

Lawyer Disbarred for Fraud and Coercion in Corporate Governance

A lawyer's deceitful takeover of a client corporation leads to disbarment, underscoring ethics rules for attorneys.

Feb 26, 2020partitioninherited propertyproperty lawland disputesheirssupreme court

Partitioning Inherited Property: Why Precise Land Identification Matters for All Heirs

A Supreme Court ruling on partition shows why heirs must clearly identify inherited land. Learn the rules and practical lessons.

Feb 26, 2020maritime lawseafarersdisability benefitsmedical abandonmentpoea-seclabor law

Medical Abandonment and Seafarers' Disability Claims: The Antolino Case

When a seafarer skips required medical check-ups, disability benefits may be forfeited. The Supreme Court explains the limits of financial incapacity as an excuse.