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显示第 3145–3168 篇,共 24,651 篇文章

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Oct 16, 2019estafaconspiracyinvestment fraudrevised penal codecriminal lawsupreme court

Investment Fraud and Conspiracy in Estafa Cases: A Philippine Supreme Court Guide

The Supreme Court explains how conspiracy in investment fraud estafa cases is proven, using the landmark Sulit v. People decision.

Oct 16, 2019bail bondestoppeldangerous drugscriminal proceduresurety

Broken Chains: Strict Evidence Rules and Estoppel in Drug Case Bail Forfeitures

The Supreme Court rules that a surety's silence on an agent's unauthorized bail bond can bar claims of invalidity through estoppel.

Oct 16, 2019falsificationestafacriminal lawrevised penal codesupreme court

Falsification vs Estafa: Identifying the True Crime in Fraudulent Schemes

The Supreme Court clarifies when falsification of a private document, not estafa, is the proper charge in fraud cases.

Oct 16, 2019attorney-client privilegelegal ethicscode of professional responsibilityin-house counseldisbarmentconfidentiality

Attorney-Client Privilege: When Public Disclosure Crosses the Line in Legal Ethics

In-house counsel suspended for media disclosures. The Supreme Court clarifies the limits of attorney-client privilege and confidentiality duties.

Oct 16, 2019conspiracyestafaprobable causecriminal lawfraudrevised penal code

Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases

Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.

Oct 16, 2019derivative suitcorporate lawshareholder rightsboard of directorsrevised corporation codeintra-corporate dispute

Shareholder Rights Navigating Derivative Suits IN Philippine Corporate LAW

Understand when Philippine courts allow derivative suits, the requirements under the Interim Rules, and why majority shareholders cannot bypass the board of directors.

Oct 16, 2019conspiracyprobable causeinsurance fraudestafapreliminary investigationcriminal law

Conspiracy and Insurance Fraud: When Probable Cause Exists in Philippine Law

Supreme Court clarifies when mere presence and family ties do not establish conspiracy and probable cause in insurance fraud cases.

Oct 16, 2019contract-lawunjust-enrichmentimmutability-of-judgmentpower-supplynapocorcivil-code

Unjust Enrichment vs. Immutability of Judgment: Balancing Equity and Finality in Power Supply Contracts

The Supreme Court reconciles the immutability of final judgments with unjust enrichment claims in a dispute over fuel supply between NAPOCOR and Delta P.

Oct 16, 2019legal ethicsattorney-client privilegeconfidentialitycode of professional responsibilitydisbarmentin-house counsel

Upholding Client Confidentiality Limits On Revealing Information After Termination OF Employment

A lawyer's duty of confidentiality survives termination of employment, but the burden of proving a breach rests on the complainant.

Oct 16, 2019treacheryhomicidemurderrevised-penal-codequalifying-circumstancecriminal-law

Treachery Unproven Conviction Reduced to Homicide Absent Deliberate Attack

Supreme Court clarifies that sudden attacks do not automatically constitute treachery, reducing a murder conviction to homicide.

Oct 16, 2019agrarian reformland use conversionlocal governmentcarpdarreclassification

Land Use Reclassification vs. Agrarian Reform: When LGU Zoning Does Not Remove CARP Coverage

The Supreme Court clarifies that LGU land use reclassification alone does not exempt agricultural land from CARP coverage—DAR conversion is still required.

Oct 16, 2019criminal lawdangerous drugschain of custodysection 21ra 9165reasonable doubt

Chain of Custody and Reasonable Doubt: Safeguarding Rights in Drug Cases

The Supreme Court acquits two accused in a drug case due to the police's failure to comply with Section 21 of RA 9165, emphasizing the importance of the chain of custody rule.

Oct 16, 2019criminal-lawprobable-causeconspiracyinsurance-fraudestafapreliminary-investigation

Probable Cause and Conspiracy: When Presence Alone Does Not Mean Guilt in Insurance Fraud

Supreme Court clarifies that mere presence and family ties do not establish conspiracy or probable cause in insurance fraud cases.

Oct 16, 2019maritime-lawseafarer-rightsdisability-benefitsdiabetespoea-secwork-relatedness

Diabetes and Seafarer Rights: Establishing Work Relatedness for Disability Claims

The Supreme Court clarifies when a seafarer's diabetes is work-related and compensable, and the rules on post-employment medical exams.

Oct 16, 2019forum shoppingcivil procedurerules of courtlitigationphilippine law

Forum Shopping in Philippine Litigation: Lessons from BF Citiland v. BSP

The Supreme Court clarifies the rule against forum shopping and its consequences for parties filing multiple cases with the same cause of action.

Oct 16, 2019property-lawfree-patentpublic-land-actra-11231reversionland-titles

How the Agricultural Free Patent Reform Act Changed Land Ownership Rules in the Philippines

The Supreme Court explains how RA 11231 removed restrictions on agricultural free patents, affecting reversion suits and property rights.

Oct 16, 2019contractssalereformationcivil-lawlot-numberingsupreme-court

Illiteracy and Contracts: When Does a Sale Become Invalid

A Supreme Court ruling clarifies that a sale's validity depends on the parties' true intent, not just the lot number written in the deed.

Oct 16, 2019statutory rapeacts of lasciviousnessra 7610child protectioncriminal lawrevised penal code

Protecting Children From Statutory Rape and Acts of Lasciviousness Under Philippine Law

The Supreme Court affirms convictions for statutory rape and acts of lasciviousness against an 11-year-old, clarifying penalties and damages.

Oct 15, 2019disbarmentlegal ethicscode of professional responsibilityjudicial authoritylawyer's oathadministrative case

Disbarment for Disrespect: Upholding Judicial Authority and Ethical Conduct in the Legal Profession

The Supreme Court disbarred a lawyer for repeated abuse of court processes, dilatory tactics, and disrespect toward a Court of Appeals justice.

Oct 15, 2019firearmsright to privacysearch and seizurera 10591philippine national policeconstitutional law

Firearm Regulation in the Philippines: The Right to Privacy vs. Public Safety

The Supreme Court ruled that firearm ownership is a privilege, not a right, but struck down warrantless home inspections as unconstitutional.

Oct 15, 2019legal ethicsdisbarmentmisappropriationcode of professional responsibilitylawyer disciplinetrust funds

Breach of Trust Disbarment for Misappropriation and Defiance of Court Orders

Lawyer disbarred for misappropriating client funds and practicing law despite a suspension order. Learn the ethical rules and consequences.

Oct 15, 2019presidential immunityconstitutional lawhabeas datade limadutertesupreme court

Presidential Immunity Shielding THE Chief Executive From Suit During Tenure

Explaining the Supreme Court's ruling that a sitting President enjoys immunity from suit, including habeas data petitions, during tenure.

Oct 15, 2019quantum meruitgovernment contractscommission on auditpublic biddingdpwhpresidential decree 1445

Quantum Meruit and Government Contracts: Reclaiming Payment for Completed Projects

The Supreme Court allows payment for completed government projects even without a written contract, applying quantum meruit to prevent unjust enrichment.

Oct 15, 2019election lawelectoral protestpresidential electoral tribunalmarcos robredopetitionphilippine elections

Electoral Protests and the Limits of Challenging Election Results in the Philippines

The Supreme Court's ruling in Marcos v. Robredo clarifies the rules, burdens, and limits of contesting presidential and vice presidential election results.