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显示第 3649–3672 篇,共 24,661 篇文章

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Jun 4, 2019administrative lawgrave misconductserious dishonestyclerk of courtcourt propertydismissal from service

Clerk of Court Dismissed for Grave Misconduct and Dishonesty Over Court Property

Supreme Court dismisses a clerk of court for taking court property without authority and lying under oath, reaffirming strict standards for judicial personnel.

Jun 4, 2019administrative lawgrave misconductserious dishonestyclerk of courtcourt personneldismissal from service

Breach of Trust: Clerk of Court Dismissed for Grave Misconduct and Dishonesty in Handling Court Property

Clerk of court dismissed for taking court property without authority and lying under oath. Learn the rules on grave misconduct and serious dishonesty.

Jun 4, 2019commission on auditgovernment-owned or controlled corporationaudit jurisdictioncorregidor foundationhonorariaadministrative law

Government Control vs Corporate Structure: Defining Audit Jurisdiction in the Philippines

The Supreme Court rules that government control, not corporate form, determines COA audit jurisdiction over corporations in the Philippines.

Jun 3, 2019labor lawillegal dismissalemployment statuscorporate officercontrol testjurisdiction

Employment Status and Control Test in Illegal Dismissal Cases: A Guide

Explaining how Philippine courts determine employment status and jurisdiction in illegal dismissal cases, using the Loreche-Amit v. CDMC ruling.

Jun 3, 2019chain of custodydangerous drugsra 9165section 21buy-bustcriminal law

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to comply with Section 21's witness and documentation requirements, reaffirming the chain of custody rule.

Jun 3, 2019legal ethicsadministrative lawcode of professional responsibilitylawyer suspensionneglect of duty

Neglect of Duty: Suspension for an Attorney's Failure to Uphold Client Interests

The Supreme Court suspended a lawyer for one year after he skipped hearings and failed to file pleadings, leaving his clients to lose their case and appeal.

Jun 3, 2019ombudsmanprobable causeanti-graftbehest loansgrave abuse of discretionpresidential commission on good government

Ombudsman's Discretion Upheld in Probable Cause Determinations for Anti-Graft Cases

Supreme Court affirms Ombudsman's dismissal of behest loan complaint, respecting prosecutorial discretion absent grave abuse.

Jun 3, 2019rapequalified raperevised penal codecriminal lawsupreme courtdamages

Qualifying Circumstances in Rape: When Minority and Relationship Raise the Penalty

The Supreme Court explains when rape is qualified by minority and relationship, and the damages a convicted offender must pay.

Jun 3, 2019annulment of judgmentcivil proceduredue processjurisdictionservice of summonsrule 47

Annulment of Judgment Protects Due Process and Jurisdictional Integrity

When courts dismiss annulment petitions on technicalities, due process suffers. The Supreme Court clarifies the rules.

Jun 3, 2019treacherymurderrevised penal codecriminal lawsupreme courtphilippines

Treachery Defined: When a Deceptive Act Turns a Crime Into Murder

The Supreme Court explains how a sudden, deceptive attack constitutes treachery, elevating a killing to murder under Philippine law.

Jun 3, 2019arsonhomicidecriminal lawrevised penal codesupreme court

Arson and Homicide: How the Primary Motive Determines Criminal Liability

Philippine Supreme Court clarifies when a death during a fire is absorbed by arson or punished separately, based on the offender's main objective.

Jun 3, 2019judicial conductwrit of executionadministrative casephilippine judiciaryself-help doctrine

When Judges Interfere with Writs of Execution: A Lesson in Judicial Conduct

A judge who stopped a sheriff from implementing a writ of execution was fined for conduct unbecoming a judicial officer.

Jun 3, 2019civil-procedureindispensable-partiesdamageslaw-of-the-caseconstitutional-rightsphilippine-law

Impleading Indispensable Parties in Damages Claims: The PNCC v. Superlines Ruling

The Supreme Court clarifies when courts must implead indispensable parties in damages claims, applying the law of the case doctrine.

Jun 3, 2019criminal-law

Compromising THE Chain HOW Evidence Mishandling Leads TO Acquittal IN Drug Cases

Jun 3, 2019incestuous rapequalified rapemoral ascendancyrevised penal codesupreme courtcriminal law

Moral Ascendancy as Force in Incestuous Rape: Protecting Vulnerable Victims

Supreme Court affirms incestuous rape conviction, ruling that a father's moral ascendancy substitutes for force and intimidation under Philippine law.

Jun 3, 2019ra 7610child abuselascivious conductsexual assaultcriminal lawsupreme court

Protecting Children Under R.A. 7610: Lascivious Conduct vs. Sexual Assault

A father's conviction for sexual assault was modified to lascivious conduct under R.A. 7610, clarifying the proper charge and penalty for child victims.

Jun 3, 2019search incident to arrestwarrantless arresthot pursuitillegal possession of dangerous drugsra 9165criminal procedure

When a Station Search Goes Too Far: Hot Pursuit Arrests and Search Incident Limits

A valid hot pursuit arrest does not justify a later station house search. Know the limits of search incident to arrest.

Jun 3, 2019maritime-lawseafarer-disabilitypoea-secwork-related-illnessaortic-stenosissupreme-court

When Aortic Stenosis at Sea Doesn't Guarantee Seafarer Disability Benefits: Establishing Work Relatedness

The Supreme Court clarifies that a seafarer's heart condition must be proven work-related to qualify for disability compensation under the POEA-SEC.

Jun 3, 2019criminal-law

Accountability IN Public Office Upholding Anti Graft Laws

Jun 3, 2019legal ethicscode of professional responsibilitylawyer suspensionnegligenceadministrative case

When Lawyers Neglect Cases: Suspension for Violating the Duty of Diligence

A lawyer who fails to file pleadings and attend hearings faces suspension. Learn the ethical rules on competence and diligence.

Jun 3, 2019qualified rapeincestuous rapecriminal lawrevised penal codesupreme court ruling

Supreme Court Affirms Conviction for Qualified Rape by Father

Explore the Supreme Court's ruling affirming a father's conviction for qualified rape, detailing the elements, evidence, and penalties under Philippine law.

Jun 3, 2019incestuous rapequalified rapemoral ascendancyrevised penal codefather-daughter abusecriminal law

Incestuous Rape: Moral Ascendancy as Substitute for Force in Father-Daughter Abuse

Philippine Supreme Court ruling explains how a father's moral ascendancy replaces force in incestuous rape, and why conviction stands.

Jun 3, 2019labor-lawredundancyillegal-dismissallabor-codeterminationseparation-pay

Redundancy Dismissal Requires Fair Criteria, Not Just Business Downturn

Philippine Supreme Court rules that redundancy dismissal is illegal unless employers apply fair and reasonable criteria in selecting positions to abolish.

Jun 3, 2019criminal-lawrapesexual-assaultchild-abusera-7610victim-testimony

Rape Conviction Affirmed: The Weight of Victim Testimony and Corroborating Evidence in Sexual Assault Cases

The Supreme Court affirms a father's conviction for lascivious conduct under RA 7610, underscoring the credibility of child victim testimony over medical findings.