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显示第 3001–3024 篇,共 24,646 篇文章

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Jan 22, 2020administrative lawcivil servicecareer executive servicesecurity of tenureces eligibilityillegal dismissal

Matibag v. Dangerous Drugs Board: CES Eligibility and Security of Tenure Explained

The Supreme Court clarifies that Career Service Executive Eligibility (CSEE) alone does not guarantee security of tenure in CES positions.

Jan 22, 2020property disputessurvey plansencroachmentrecovery of possessionreal estate law

Proof of Encroachment: The Importance of Survey Plans in Property Disputes

Survey plans must clearly show encroachment to prove property disputes. The Supreme Court explains what suffices as evidence.

Jan 22, 2020civil-procedureappealrules-of-courtsupreme-courtcriminal-procedure

Untimely Appeal: When the Supreme Court Relaxes Procedural Rules in Philippine Litigation

The Supreme Court explains when missed deadlines and defective pleadings may be excused to prevent grave injustice.

Jan 22, 2020chain of custodydangerous drugsra 9165criminal lawevidencedrug cases

Chain of Custody in Drug Cases: Why Safeguarding Evidence Matters

The Supreme Court explains why strict compliance with the chain of custody rule is essential to preserve the integrity of seized drugs in every prosecution under RA 9165.

Jan 22, 2020agrarian reformjust compensationland bankcommissioners feesrule 67rule 141

When Landowners Pay Commissioners' Fees in Agrarian Cases: The LBP v. Heirs of Sanchez Ruling

The Supreme Court clarifies who bears commissioners' fees in agrarian reform valuation cases, exempting the Land Bank from such costs.

Jan 22, 2020expropriationjust compensationagrarian reformland bankcommissioners feescivil law

Expropriation and Heirship: Who Pays Commissioners' Fees in Just Compensation Claims

Supreme Court clarifies that landowners, not Land Bank, pay commissioners' fees in agrarian expropriation cases when they initiate just compensation claims.

Jan 22, 2020property-lawattachmentthird-party-claimdamagescivil-proceduresupreme-court

Third-Party Claims and the Right to Litigate in Property Attachment Cases

Learn how the Supreme Court protects a third-party claimant's right to litigate in property attachment cases and when damages may be awarded.

Jan 22, 2020criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustsupreme-court

Chain of Custody in Drug Cases: Why It Determines Conviction or Acquittal

The Supreme Court explains how strict compliance with the chain of custody rule under RA 9165 secures drug convictions.

Jan 21, 2020criminal proceduresubstantial justicerules of courtappealfinal judgment

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Jan 20, 2020contract-lawemployment-contractlabor-arbiterseafarerbreach-of-contractphilippine-labor-law

Breach of Contract: When a Perfected Employment Contract Binds the Employer Even Without Deployment

A Supreme Court ruling clarifies that a perfected employment contract creates employer-employee relations even if deployment never happens, and labor arbiters have jurisdiction over resulting claims.

Jan 20, 2020employment contractbreach of contractlabor arbitrationjurisdictionseafarer rights

Breach of Contract: Enforceability of Employment Contracts Absent Actual Deployment

Philippine Supreme Court ruling on whether a perfected employment contract binds parties even without actual deployment, and which court has jurisdiction over breach claims.

Jan 20, 2020criminal-lawhomicideeyewitness-identificationevidencerevised-penal-code

Eyewitness Identification Establishing Guilt Beyond Reasonable Doubt In Homicide Cases

How the Supreme Court affirmed a homicide conviction based on positive eyewitness identification by the victim's daughters, prevailing over the accused's denial.

Jan 20, 2020criminal-lawhomicideeyewitness-testimonyevidencereasonable-doubtsupreme-court

Eyewitness Testimony and Homicide Conviction: Proving Identity Beyond Reasonable Doubt

How the Supreme Court upheld a homicide conviction based on positive eyewitness identification, ruling that denial cannot prevail over credible testimony.

Jan 19, 2020forcible entryprior physical possessionproperty lawrule 70supreme court ruling

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Jan 15, 2020condominium duesassociation feesbirvalue-added taxincome taxreal estate law

Understanding Tax Exemptions for Condominium Dues and Fees: A Landmark Philippine Supreme Court Ruling

The Supreme Court clarifies when condominium association dues are taxable, resolving the validity of BIR RMC No. 65-2012.

Jan 15, 2020commercial-lawnegotiable-instruments-lawbank-draftsholder-in-due-coursedrawer-liabilitystop-payment-order

Liability for Dishonored Bank Drafts: Holder in Due Course vs Drawer's Obligations

Philippine Supreme Court clarifies a bank drawer's liability on dishonored bank drafts, even after a stop payment order, when held by a holder in due course.

Jan 15, 2020administrative lawgrave misconductconduct prejudicialcondonation doctrinelocal governmentsupreme court

Upholding Ethical Conduct Disciplining Court Employees FOR Actions Reflecting ON THE Judiciarys Integrity

The Supreme Court affirms dismissal of a vice-mayor for grave misconduct and conduct prejudicial to the best interest of service.

Jan 15, 2020administrative-lawdue-processombudsmangrave-misconductsubstantial-evidencecivil-service

Upholding Due Process: Dismissal of Administrative Charges Based on Insufficient Evidence

Explore how the Supreme Court upholds dismissal of administrative charges when evidence is insufficient, protecting public officials' rights.

Jan 15, 2020agricultural tenancyright of redemptionagrarian reformra 3844tenancy relationshipleasehold

Agricultural Tenancy and the Right of Redemption: A Landmark Philippine Case

The Supreme Court clarifies that agricultural tenancy can be implied from parties' conduct, granting tenants the right of redemption under RA 3844.

Jan 15, 2020estafacriminal procedurepreliminary investigationinformationamendment

When Amending an Information in Estafa Cases Becomes a Question of Form vs. Substance

The Supreme Court clarifies when amendments to an Information in estafa cases are formal or substantial, and why a new preliminary investigation is not always required.

Jan 15, 2020kidnappingserious illegal detentionconsentcriminal lawrevised penal code

Understanding Consent and Detention: Key Insights From a Landmark Philippine Kidnapping Case

The Supreme Court acquits a man of kidnapping, clarifying that mere elopement and a minor's unfamiliarity with a place do not automatically constitute illegal detention.

Jan 15, 2020negotiable instruments lawholder in due coursebank draftsstop payment orderdrawer liabilitycivil law

Holder in Due Course Rights Prevail Over Stop Payment Orders

Philippine Supreme Court rules a holder in due course can enforce bank drafts despite stop payment orders, explaining drawer liability under the Negotiable Instruments Law.

Jan 15, 2020administrative lawgrave misconductgross neglect of dutycourt personneldisciplinary action

Court Employee Dismissed for Grave Misconduct and Gross Neglect of Duty

A Clerk III was dismissed from service for tampering with court records and failing to transmit case records to the Court of Appeals.

Jan 15, 2020legal ethicssuspension of lawyercontempt of courtcourt ordersbar discipline

When a Lawyer’s Suspension Does Not End Automatically: Compliance and Court Orders

A lawyer’s suspension is not automatically lifted when the period ends. The Court must first issue an order lifting it.