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显示第 3241–3264 篇,共 24,659 篇文章

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Sep 18, 2019civil-law

Compromise Agreements VS Mortgage Rights CAN Banks Foreclose After Restructuring Loans

Sep 18, 2019qualified rapemental disabilitycriminal lawreclusion perpetuarevised penal code

Rape of Person With Mental Disability: Supreme Court Affirms Qualified Rape Conviction

The Supreme Court affirms a qualified rape conviction where the offender knew the victim was mentally disabled, upholding enhanced penalties and damages.

Sep 18, 2019criminal lawdangerous drugsbuy-bust operationchain of custodysection 21 ra 9165acquittal

When Buy-Bust Operations Fail the Chain of Custody: Acquittal in People v. Moreno

The Supreme Court acquits a drug suspect because police failed to secure required witnesses under Section 21, RA 9165.

Sep 18, 2019banking lawforged checkdue diligenceloan transactionsforeclosurecivil law

Forged Signatures and Bank Liability: Upholding Due Diligence in Loan Transactions

When a bank honors a forged check, it bears the loss. The Supreme Court explains why in PNB v. Giron-Roque.

Sep 18, 2019kidnappingconspiracyaccessory-liabilityheinous-crimescriminal-lawphilippine-supreme-court

Accountability in Kidnapping: Conspiracy and Accessory Liability in Heinous Crimes

Philippine Supreme Court clarifies conspiracy and accessory liability in kidnapping and heinous crimes, emphasizing accountability for all participants.

Sep 18, 2019corporate lawratificationapparent authoritycontractscorporation codeboard of directors

Corporate Ratification: When a Corporation Becomes Bound by Unauthorized Acts

A corporation's repeated payments can ratify an officer's unauthorized acts, binding the company to obligations it never expressly approved.

Sep 18, 2019compromise agreementcivil procedurejudicial authoritycontract lawreal estate mortgagerule 65

Compromise Agreements Bind Courts: Enforcing Terms as Written

Philippine Supreme Court ruling on compromise agreements, judicial authority, and remedies for breach in Bernardo v. Union Bank.

Sep 18, 2019criminal-lawdangerous drugschain of custodyra 9165buy-bustevidence

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials

The Supreme Court acquits a drug suspect after police failed to secure an elected official and follow Section 21 of RA 9165.

Sep 18, 2019civil-lawrule-108indispensable-partiesannulment-of-judgmentcitizenship-correctioncivil-registry

Indispensable Parties in Annulment of Judgment for Failure to Implead Co-Owners

A petition to correct citizenship entries in a birth certificate must implead all interested parties, or the judgment may be annulled.

Sep 18, 2019independent contractoremployer-employee relationshipinsurance lawdrawing allowancecivil codelabor law

Independent Contractor vs Employee: Drawing the Line in Insurance Compensation

Supreme Court clarifies when insurance unit managers are independent contractors, not employees, and must repay drawing allowances.

Sep 17, 2019encroachmentgood faitharticle 448quieting of titleland disputestorrens title

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

Sep 17, 2019bp-22bouncing-checks-lawcorporate-liabilitypiercing-corporate-veilcriminal-lawsupreme-court

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Sep 17, 2019civil-law

Upholding Notarial Integrity Consequences FOR False Attestation

Sep 16, 2019legal ethicselection lawcode of professional responsibilitycomelecadministrative caselawyers

Premature Election Notices and Lawyer Discipline: A Lesson in Upholding the Rule of Law

A provincial election supervisor's premature notices before COMELEC acted led to a one-year suspension—a lesson on lawyers' duty to obey the law.

Sep 16, 2019labor-lawillegal-dismissalunfair-labor-practiceunion-bustingdue-processright-to-organize

Union Busting and Illegal Dismissal: Protecting Workers' Right to Organize

A look at how the Supreme Court protected union members from employer retaliation and enforced due process in dismissals.

Sep 16, 2019criminal lawchain of custodyra 9165drug casesbuy-bust operationevidence

Chain of Custody in Drug Cases: Why Missing a DOJ Witness Led to Acquittal

The Supreme Court acquitted a drug suspect because police failed to justify the absence of a DOJ representative during inventory, stressing strict chain-of-custody compliance.

Sep 16, 2019chain of custodyra 9165drug casesbuy-bust operationcriminal lawevidence

Chain of Custody and Witness Requirements in Drug Cases: Safeguarding the Accused's Rights

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory and mishandled evidence authentication.

Sep 16, 2019administrative lawjudicial accountabilityundue delaycode of judicial conductsupreme court

Judicial Accountability: Delay in Resolving Motions and the Judge's Duty

A Supreme Court ruling holds a judge liable for undue delay, reinforcing that judges cannot blame staff for failing to resolve motions promptly.

Sep 16, 2019criminal lawra 7610lascivious conductchild abuseminorssupreme court

Protecting Minors: Lascivious Conduct and the Scope of R.A. 7610 in the Philippines

The Supreme Court clarifies when acts of lasciviousness against minors fall under R.A. 7610, and the proper penalties.

Sep 16, 2019legal ethicscode of professional responsibilitycanon 1election lawadministrative casecomelec

Lawyer Suspended for Premature Election Notices: Upholding Legal Processes Under Canon 1

A provincial election supervisor's premature notices of a special election led to a one-year suspension for violating Canon 1 of the Code of Professional Responsibility.

Sep 11, 2019labor-law

Redundancy AND DUE Process Balancing Business Judgment AND Employee Rights IN Termination Cases

Sep 11, 2019criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustacquittal

Strict Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody, reinforcing strict compliance with Section 21 of RA 9165.

Sep 11, 2019criminal-law

Chain OF Custody Safeguarding Rights IN Drug Cases 7

Sep 11, 2019forcible entryaccion reivindicatoriaboundary disputeejectmenttorrens titlecivil law

Boundary Disputes: Why Forcible Entry Is the Wrong Remedy and Accion Reivindicatoria Is Right

Philippine Supreme Court clarifies that boundary disputes involving Torrens titles cannot be resolved through forcible entry, but only through accion reivindicatoria.