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显示第 361–384 篇,共 24,588 篇文章

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Feb 27, 2024bill of particularscriminal proceduresandiganbayanplunderrules of court

Bill of Particulars in Philippine Criminal Procedure: What Enrile v. Sandiganbayan Teaches

The Supreme Court clarifies the role and limits of a bill of particulars in criminal cases, and the remedies available to an accused.

Feb 27, 2024eminent domainjust compensationcommission on auditexpropriationroad right of way

Supreme Court Clarifies Just Compensation Payment and COA's Role in Expropriation

Final and executory just compensation awards need no prior COA approval; payment is now subject to post-audit only.

Feb 26, 2024patent infringementintellectual propertyintellectual property codetortious interferencepatent claimstuna processors

Patent Infringement in the Philippines: How Claims Define Protection

Philippine patent infringement hinges on claim interpretation. The Supreme Court's Tuna Processors ruling clarifies direct and indirect infringement.

Feb 26, 2024tax lawlocal government codetax refundtax assessmentdue processlocal taxation

Tax Assessment vs Tax Refund: Know Your Rights Under the Local Government Code

The Supreme Court clarifies when taxpayers may claim a refund under Section 196 instead of protesting an assessment under Section 195 of the Local Government Code.

Feb 26, 2024unlawful detainerejectmenttenant rightslandlord-tenantprocedurerule 42

Unlawful Detainer: Tenant Rights and Obligations in the Philippines

A tenant cannot deny the landlord's title, and procedural rules in ejectment cases must be strictly followed.

Feb 26, 2024conspiracyprobable causeextrajudicial confessioncriminal procedureparricidemurder

When Is an Accusation Enough? Conspiracy and Probable Cause After the Pastor Case

The Supreme Court clarifies when a co-accused's confession can establish conspiracy and probable cause, and when it cannot.

Feb 26, 2024criminal-lawdangerous-drugschain-of-custodymarijuana-cultivationra-9165warrantless-arrest

Marijuana Cultivation and Chain of Custody: Key Lessons from a 2024 Supreme Court Ruling

A 2024 Supreme Court ruling clarifies what counts as marijuana cultivation and why broken chain of custody leads to acquittal.

Feb 26, 2024labor-only contractingillegal dismissalemployer liabilitysecurity of tenurelabor codephilippine labor law

Labor-Only Contracting in the Philippines: Employer Responsibilities and Employee Rights

The Supreme Court clarifies labor-only contracting rules, employer liability, and employee rights in illegal dismissal cases involving contractors.

Feb 25, 2024demolitionlocal governmentproperty lawra 7279due processejectment

When Can a Mayor Order Demolition Without a Court Order? The Altarejos Ruling

The Supreme Court clarifies the limits of a mayor's power to order demolition without court intervention, reinforcing due process and property rights.

Feb 20, 2024criminal lawchild pornographystatutory constructionrepublic act 11930supreme court

Defying Court Orders Consequences OF Disobedience IN THE Philippine Justice System

The Supreme Court clarifies that repealing a penal law does not erase criminal liability when the offense is reenacted, affirming a child pornography conviction.

Feb 19, 2024child pornographycriminal lawrepeal and reenactmentra 11930ra 9775cybercrime

Child Pornography Prosecution After Repeal: The Doctrine of Reenactment in the Philippines

Can a repealed law still lead to conviction? The Supreme Court clarifies how reenactment preserves criminal liability for child pornography offenses.

Feb 18, 2024defense of relativesjustifying circumstancesrevised penal codecriminal lawself-defenseunlawful aggression

Defense of Relatives in the Philippines: When Is Killing Justified?

Philippine law allows killing to defend a relative, but strict conditions apply. Learn the rules from the Galorio case.

Feb 14, 2024labor-lawofwillegal-dismissalhiv-discriminationsecurity-of-tenureoverseas-employment

HIV Status and Illegal Dismissal: Philippine Labor Law Protections for OFWs

The Supreme Court ruled that terminating an OFW solely because of HIV status is illegal dismissal, affirming Philippine law protections.

Feb 12, 2024annulment of judgmentdue processjurisdictionrule 47civil procedure

Annulment of Judgment: Protecting Your Rights When Due Process Is Violated

When a court rules against a deceased party, the judgment may be void. Learn how annulment of judgment protects due process rights.

Feb 11, 2024estafacriminal lawdue processrules of courtinformationsupreme court

Estafa Acquittal: Why a Faulty Information Violates Due Process in the Philippines

A flawed information can lead to acquittal in estafa cases. Learn how the right to be informed shapes criminal due process in the Philippines.

Feb 11, 2024adulteryrevised penal codecriminal lawproof beyond reasonable doubtvalencia v. peopleprivate crime

Proving Adultery in the Philippines: The Valencia Case and the Burden of Proof

Understand the high standard of proof for adultery in the Philippines through the Valencia case, including evidence rules and practical implications.

Feb 6, 2024criminal laweyewitness testimonyidentificationacquittaldue processsupreme court

Unreliable Eyewitness Testimony: When Flawed Identification Leads to Acquittal

The Supreme Court acquits an accused when eyewitness identification is unreliable. Learn the totality of circumstances test and key safeguards.

Feb 6, 2024disbarmentlegal ethicscode of professional responsibilityfalsification of documentsadministrative caselawyer's oath

Disbarment for Falsifying Court Documents: Upholding Ethical Standards in the Legal Profession

The Supreme Court disbarred a lawyer for facilitating fake annulment documents, reaffirming that falsifying court records is a serious ethical breach.

Feb 5, 2024legal ethicsdisbarmentcode of professional responsibilitysupreme courtadministrative casefalsification of documents

Lawyer Disbarred for Falsifying Court Documents: A Landmark Ethics Ruling

The Supreme Court disbarred a lawyer for falsifying a nullity of marriage judgment, reaffirming the high ethical standards required of Philippine attorneys.

Feb 5, 2024administrative lawspeedy dispositioncommission on auditconstitutional rightsgovernment agencies

Right to Speedy Disposition of Cases: Nullifying COA Decisions for Undue Delay

The Supreme Court nullified COA decisions after an 11-year delay, reaffirming the constitutional right to speedy disposition of cases.

Feb 5, 2024construction lawciacarbitrationjurisdictionsupreme courte.o. 1008

Construction Disputes: Why an Arbitration Agreement Is Crucial in the Philippines

The Supreme Court clarifies that the CIAC cannot take construction disputes unless the parties agreed to arbitration. Learn the key rule.

Feb 5, 2024homicidesufficient provocationtreacheryrevised penal codemurderphilippine law

When Does Teasing Cross the Line? Understanding Homicide and Sufficient Provocation in the Philippines

The Supreme Court clarifies when teasing amounts to sufficient provocation and why a sudden attack may not be treachery.

Feb 4, 2024child custodyfamily codebest interest of the childparental authoritysupreme court

Child Custody in the Philippines: The Best Interest of the Child Standard

Philippine courts decide child custody disputes by one standard: the child's best interest. Learn the factors, the law, and a landmark 2024 ruling.

Jan 30, 2024telecommunicationsradio frequenciesntcadministrative lawfranchise

When Does a Right to Radio Frequencies Vest? The NOW Telecom Ruling

A legislative franchise does not guarantee radio frequencies. The Supreme Court explains why spectrum use is a privilege.