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显示第 3913–3936 篇,共 24,662 篇文章

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Jan 27, 2019sugar restitutiongovernment obligationsugar producersphilippine lawsupreme court

Sugar Restitution Absence of Funds and Government's Obligation to Sugar Producers

Explore the Supreme Court's ruling on sugar restitution when funds are absent, and the government's duty to sugar producers under Philippine law.

Jan 23, 2019technical malversationanti-graft lawra 3019tobacco fundpublic officersombudsman

Diversion of Tobacco Funds: Technical Malversation vs. Corruption Under Philippine Law

The Supreme Court clarifies when misusing public funds is technical malversation, not corruption, in Villarosa v. Ombudsman.

Jan 23, 2019divorcefamily codeforeign divorcearticle 26remarriagecivil law

Divorce Recognition Redefining Spousal Capacity Under Philippine Law

The Supreme Court clarifies that a Filipino spouse can remarry after a foreign divorce, even if they initiated it.

Jan 23, 2019civil-lawvenuearbitrationcontractscommercial-agreementssupreme-court

Contractual Intent Signatures Fine Print AND Dispute Resolution IN Commercial Agreements

Court rules on venue and arbitration clauses in commercial contracts, emphasizing the importance of clear contractual intent and valid signatures.

Jan 23, 2019self-defenseunlawful aggressionfrustrated homicidecriminal lawmitigating circumstancesrevised penal code

When Self-Defense Claims Fall Short: The Miranda Case on Unlawful Aggression

A Supreme Court ruling clarifies when self-defense fails and how a victim's provocation can still mitigate criminal liability in Philippine law.

Jan 22, 2019estafavenuejurisdictionbouncing checkscriminal lawsupreme court

Venue in Estafa Cases: Where Does a Bouncing Check Crime Occur?

The Supreme Court clarifies that in estafa cases involving bouncing checks, venue lies where the check was issued and dishonored, not where negotiations occurred.

Jan 22, 2019grave misconductserious dishonestycourt employeesadministrative caseannulmentjudiciary

Court Employee Dismissed for Faking Annulment Decision and Taking P150,000

Supreme Court dismisses court stenographer for grave misconduct and dishonesty after he fabricated an annulment decision and collected P150,000 from a litigant.

Jan 22, 2019good faithgovernment procurementcoa disallowancepublic officialspersonal liabilityadministrative law

Good Faith in Government Procurement: Protecting Public Officials From Personal Liability

Learn when good faith shields public officials from refunding disallowed benefits, and when it does not, under Philippine law.

Jan 21, 2019labor-lawabsence-without-leavecivil-servicejudiciaryadministrative-caseawol

Absence Without Leave: Upholding Public Service Standards in the Philippine Judiciary

Court personnel who go AWOL face dropping from the rolls. Learn the rules and consequences from a 2019 Supreme Court ruling.

Jan 21, 2019condonation doctrineelection lawadministrative casesombudsmangrave misconduct

Condonation Doctrine Applies Even When Official Succeeds to Different Post

Supreme Court clarifies condonation doctrine applies when same electorate re-elects official to a different position, condoning prior misconduct.

Jan 21, 2019criminal lawdangerous drugschain of custodyra 9165buy-bust operationacquittal

Safeguarding Rights: The Critical Role of Witness Presence in Drug Cases

Explaining the Supreme Court's acquittal in People v. Barrion, highlighting why the presence of required witnesses in drug seizures is crucial.

Jan 21, 2019civil-serviceawoldropping-from-rollsgovernment-employeesadministrative-casepublic-service

Unexcused Absence When Neglect of Duty Leads to Removal From Public Service

Continuous AWOL for 30 working days can lead to dropping from the rolls. Learn the rules and consequences for government employees.

Jan 20, 2019qualified theftreasonable doubtpresumption of innocencecriminal lawsupreme court

Reasonable Doubt in Qualified Theft: When Missing Proof Means Acquittal

A look at how the Supreme Court acquitted an accounting-in-charge of qualified theft when the prosecution failed to prove taking and intent.

Jan 16, 2019credit cardspre-approved cardsconsentbank liabilityterms and conditionscommercial law

Pre-Approved Credit Cards: Consent to Terms Must Be Proven

Banks must prove cardholders consented to credit card terms. Without proof, only legal interest applies.

Jan 16, 2019maritime lawseafarer rightspermanent disabilitypoea-seclabor law

Permanent Disability Benefits for Seafarers: Rights and Employer Obligations in the Philippines

A Supreme Court ruling clarifies when a seafarer's disability becomes permanent and total, and the employer's duty to assess within prescribed periods.

Jan 16, 2019tax amnestyra 9480deficiency assessmentbirwarrant of distraintcta

Tax Amnesty Compliance Shields Taxpayers From Deficiency Assessments

Supreme Court rules that complying with RA 9480 tax amnesty bars the BIR from collecting deficiency taxes through warrants of distraint and levy.

Jan 16, 2019labor-lawjust-causeterminationbreach-of-trustemployee-rightsdue-process

Breach of Trust Defining Just Cause for Termination in Philippine Employment Law

Philippine law requires breach of trust to be work-related, serious, and proven by substantial evidence before employers may validly terminate employees.

Jan 15, 2019administrative-law

Breach OF Trust Court Employee Liable FOR Dishonest Investment Dealings

Jan 14, 2019criminal lawchain of custodydangerous drugsra 9165evidenceacquittal

Chain of Custody in Drug Cases: Why Proper Handling of Evidence Matters

The Supreme Court acquits a drug suspect due to broken chain of custody, stressing strict compliance with evidence rules.

Jan 14, 2019land titlereconstitutiontorrens systemproperty lawcivil lawpriority of title

Priority of Title: Resolving Conflicting Land Ownership Claims in the Philippines

When two titles cover the same land, the earlier one prevails. The Supreme Court explains the rule in Aquino v. Estate of Aguirre.

Jan 14, 2019criminal-law

Compromised Evidence Safeguarding Chain OF Custody IN Drug Cases 2

Jan 14, 2019vat refundtax codecourt of tax appealsinput vattax refundbir

VAT Refund Timelines: Strict 120+30 Day Rule Under the Tax Code

Philippine Supreme Court affirms strict 120+30 day VAT refund appeal deadlines; late judicial claims are jurisdictionally fatal.

Jan 14, 2019criminal-lawstatutory-raperapeevidencesupreme-courtrevised-penal-code

Intact Hymen Does NOT Preclude Rape Conviction: People v. Bay-od

Philippine Supreme Court affirms rape conviction despite intact hymen, clarifying that carnal knowledge does not require hymen rupture or full penetration.

Jan 14, 2019criminal-lawdangerous-drugschain-of-custodyra-9165buy-bustsupreme-court

Chains Unbroken Safeguarding Rights In Drug Cases Through Strict Evidence Rules

The Supreme Court acquits an accused in a drug case due to unjustified lapses in the chain of custody, reaffirming the strict evidentiary rules under RA 9165.