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显示第 2929–2952 篇,共 24,646 篇文章

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Feb 11, 2020direct assaultresistance to authoritycriminal lawrevised penal codemallari casepolice officers

Direct Assault vs. Resistance to Authority: The Mallari Case Explained

The Supreme Court in Mallari v. People clarifies when force against a police officer is direct assault or merely resistance to authority.

Feb 11, 2020bar admissionmoral characterlawyer's oathrule 138supreme court

Moral Character and Bar Admission: Overcoming Obstacles to Legal Practice

How the Supreme Court weighed pending criminal cases against moral fitness in bar admission, and when a bar applicant may finally take the oath.

Feb 10, 2020legal ethicscode of professional responsibilityadministrative lawlawyer disciplinesupreme court

When Lawyer Zeal Crosses the Line: Lessons from Zamora v. Mahinay

The Supreme Court clarifies when a lawyer's vigorous advocacy becomes an ethical violation, and when it remains protected professional duty.

Feb 10, 2020preliminary injunctionmunicipal boundary disputerules of courtlocal governmentsupreme court

Preliminary Injunction in Municipal Boundary Disputes: What the Supreme Court Said

The Supreme Court explains when a writ of preliminary injunction may issue in municipal boundary disputes and why courts have wide discretion.

Feb 10, 2020property disputeslawyer conductdisbarmentpossessioncivil lawadministrative cases

Understanding the Legal Boundaries of Property Disputes and Lawyer Conduct in the Philippines

A Supreme Court ruling clarifies when lawyers face discipline in property disputes, and the limits of self-help in possession cases.

Feb 10, 2020legal ethicscode of professional responsibilitydisbarmentadministrative casejudicial integrityzealous advocacy

Zealous Advocacy vs. Threats to Judicial Integrity: The Zamora v. Mahinay Standard

The Supreme Court clarifies when a lawyer's vigorous motion crosses the line into an unethical threat against a judge.

Feb 10, 2020labor-lawsocial-security-systemcorporate-liabilitydirectors-dutiescriminal-proceduresupreme-court

Directors' Liability for SSS Contributions: When Courts May Deny Withdrawal of Information

Explore the Supreme Court ruling on directors' liability for unpaid SSS contributions and the trial court's discretion in criminal cases.

Feb 10, 2020criminal proceduresocial securitywithdrawal of informationgrave abuse of discretiondue process

Finality of Court Control Over Criminal Cases: SSS v. Seno on Withdrawal of Information

Explore the Supreme Court's ruling in SSS v. Seno on trial court discretion over motions to withdraw criminal informations and due process limits.

Feb 10, 2020social securitycriminal procedurewithdrawal of informationssscorporate liabilitydue process

SSS v. Seno: Trial Court Discretion Over Withdrawal of Criminal Information

Supreme Court clarifies trial court discretion in denying withdrawal of criminal information and limits on ordering reinvestigation in SSS contribution cases.

Feb 10, 2020legal ethicscode of professional responsibilityadministrative caseslawyerssupreme court

When Lawyers May Mention Administrative Complaints: Zamora v. Mahinay

The Supreme Court clarifies when a lawyer's mention of an administrative complaint against a judge crosses the line from zealous advocacy to professional misconduct.

Feb 10, 2020tax lawprocedurecourt of tax appealsrule 45substantial justice

When Technicalities Yield to Justice: Procedural Lapses in Tax Appeals

The Supreme Court reminds the CTA that procedural rules must serve justice, not defeat it, in tax disputes.

Feb 5, 2020legal ethicscode of professional responsibilitylawyer disciplinedefamationadministrative case

Lawyer Discipline for Defamatory Language in Pleadings: Parks v. Atty. Misa

When a lawyer's counter-affidavit crossed the line from defense to defamation, the Supreme Court imposed discipline. Learn the limits of zealous advocacy.

Feb 5, 2020labor-lawsubstantial-evidenceillegal-dismissalrule-45jurisprudence

Substantial Evidence in Labor Dismissals: When the Supreme Court Steps In

Explore when the Supreme Court reviews factual findings in labor cases, and how substantial evidence supports valid employee dismissal.

Feb 5, 2020unlawful detainerres judicatadeed of saleejectmentfinal judgmentcivil procedure

When a Final Nullity Ruling Defeats an Unlawful Detainer Claim

A final judgment nullifying a deed of sale can bar an unlawful detainer case through res judicata, even if possession was earlier awarded to the buyer.

Feb 5, 2020criminal-law

Ensuring Integrity IN Drug Busts THE Critical Role OF Chain OF Custody IN Philippine LAW 3

Feb 5, 2020legal ethicslawyer disciplinecode of professional responsibilitydefamationpleadingssupreme court

Lawyer Discipline for Defamatory Pleadings: Lessons from Parks v. Atty. Misa

A lawyer's use of defamatory language in pleadings violates the Code of Professional Responsibility, as shown in a recent Supreme Court ruling.

Feb 5, 2020res judicataunlawful detainerproperty lawfinal judgmentdeed of salephilippine supreme court

RES JUDICATA AND PROPERTY DISPUTES: WHEN A FINAL JUDGMENT NULLIFIES AN EJECTMENT CASE

A final ruling voiding a deed of sale bars an unlawful detainer case based on that deed, under res judicata.

Feb 5, 2020maritime-lawseafarer disabilitytotal permanent disabilitypoea-seclabor code

Total and Permanent Disability for Seafarers: The Teodoro Case

A seafarer with Grade 7 disability may still get total and permanent benefits if unfit for sea duty.

Feb 5, 2020labor-lawsubstantial-evidenceillegal-dismissalserious-misconductterminationdue-process

Understanding Employee Dismissal: The Role of Substantial Evidence in Labor Disputes

The Supreme Court clarifies the substantial evidence standard in labor dismissals, ruling on a nursing attendant's termination for serious misconduct.

Feb 5, 2020property-lawunlawful-detainerres-judicatadeed-of-saleejectmentsupreme-court

Property Ownership Disputes Among Heirs: When a Void Deed Ends an Ejectment Case

Philippine Supreme Court ruling on how a final judgment nullifying a deed of sale affects an ongoing unlawful detainer case between parties.

Feb 5, 2020contract-lawdistributorshipgood-faithabuse-of-rightscivil-codedamages

Good Faith in Distributorship: Tocoms v. Philips on Abuse of Rights

When a distributor is dropped, can it sue for damages? The Supreme Court clarifies good faith and abuse of rights in Tocoms v. Philips.

Feb 5, 2020preponderance of evidencecommercial lawsum of moneydelivery receiptsbills of ladingcivil procedure

Proving Debt With Delivery Receipts: Preponderance of Evidence in Commercial Cases

Learn how delivery receipts and bills of lading can prove unpaid commercial debts under the preponderance of evidence rule.

Feb 4, 2020judicial conductmediationamicable settlementgross ignorance of the lawadministrative casecode of judicial conduct

Judicial Conduct and Mediation: When a Judge's Zeal to Settle Crosses the Line

Philippine Supreme Court ruling on a judge's overzealous mediation efforts, ex parte meetings, and delay in settling a probate case.

Feb 4, 2020gross neglect of dutyadministrative caseevidence custodyclerk of courtsupreme court

Understanding Gross Neglect of Duty: Losing Court Evidence in the Philippines

Learn how the Supreme Court penalized court employees for gross neglect of duty after losing drug evidence in custody.