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显示第 4465–4488 篇,共 24,666 篇文章

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Jun 19, 2018quo warrantoimpeachmentsupreme courtserenoeligibilityadministrative law

Quo Warranto Challenging the Eligibility of Impeachable Officers in the Philippines

The Supreme Court explains why quo warranto, not just impeachment, can oust an ineligible impeachable officer like the Chief Justice.

Jun 18, 2018administrative lawgrave misconductsimple misconductpublic officersombudsmancivil service

Simple Misconduct in Public Office: Balancing Discretion and Due Diligence

The Supreme Court clarifies the line between grave and simple misconduct for public officers, using a fund placement case as a guide.

Jun 18, 2018administrative lawundue delayjudgespreliminary injunctionjudicial ethics

Judge Fined for Undue Delay in Resolving Injunction Despite Heavy Caseload

A judge's two-year delay in resolving an injunction prayer draws a fine, even with heavy caseload as a mitigating factor.

Jun 18, 2018criminal-lawrapeconspiracyrevised-penal-codesupreme-courtaider-and-abettor

Aider and Abettor Establishing Criminal Liability in Rape Cases Through Conspiracy

Philippine Supreme Court rules that a person who aids a rape by holding the victim's legs is equally guilty through conspiracy.

Jun 18, 2018due processattorney disciplinedisbarmentadministrative lawcode of professional responsibilitysupreme court

Due Process in Attorney Discipline: The Right to Fair Opportunity to Defend

The Supreme Court reminds us that even in disbarment cases, a lawyer must be given a fair opportunity to defend.

Jun 13, 2018commercial-law

Trademark LAW Distinctiveness Prevails Over Similarity IN ATM Service Branding

Jun 13, 2018criminal-lawrobbery-with-homicidehomiciderevised-penal-codesupreme-courtintent-to-gain

Distinguishing Robbery With Homicide From Homicide: Intent AS The Decisive Factor

The Supreme Court clarifies when a killing during an alleged theft is homicide, not robbery with homicide, requiring proof of robbery as the main purpose.

Jun 13, 2018murdereyewitness testimonytreacherycriminal lawevidencepeople v cadampog

Eyewitness Testimony and Treachery in Murder Cases: Key Lessons from People v. Cadampog

The Supreme Court affirms a murder conviction based on eyewitness identification and treachery, explaining how positive identification and sudden attack establish guilt.

Jun 13, 2018treacherymurderevident premeditationcriminal lawrevised penal codesupreme court

Treachery in Criminal Law: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court clarifies treachery and evident premeditation in murder cases, affirming a conviction based on a sudden, unexpected attack.

Jun 13, 2018trafficking in personsra 9208qualified traffickingchild protectionforced labor

Deception and Trafficking: Protecting Vulnerable Individuals from Exploitation

The Supreme Court affirmed a trafficking conviction where a recruiter promised local house-helper jobs but delivered minors to forced labor in Marawi City.

Jun 13, 2018criminal-lawrapestatutory-rapejurisprudencedamagesvictim-protection

Protecting the Vulnerable: Upholding Justice in Statutory Rape Cases

The Supreme Court affirms a rape conviction, clarifying the relative nature of force and increasing damages awarded to minor victims.

Jun 11, 2018disbarmentlegal ethicsgovernment lawyersadministrative caseattorney's oathmalicious intent

Disbarment Case Dismissed: Lawyers' Official Acts Not Deceit Without Malice

When do lawyers in government face disbarment for official acts? The Court clarifies the need for clear evidence of malice.

Jun 11, 2018legal ethicscode of professional responsibilitylawyer disciplinesupreme courtadministrative case

Upholding Ethical Standards When Personal Conduct Impacts A Lawyers Professional Standing

Philippine Supreme Court ruling on lawyer discipline for conduct unbecoming, even without proof of sexual immorality.

Jun 11, 2018judicial ethicscourt employeesadministrative lawmisconductcustody casesupreme court

Judicial Ethics and Court Employees: The Limits of Intervention in Legal Proceedings

Court employees must not meddle in cases where they have no official role. Learn from a Supreme Court ruling on simple misconduct.

Jun 11, 2018tax assessmentprescriptionstatute of limitationsbirwaivercta

Prescription in Tax Assessment: Taxpayers' Right to a Timely Assessment

When does the BIR lose its right to assess taxes? The Supreme Court clarifies prescription rules and valid waivers in CIR v. BPI.

Jun 11, 2018criminal lawchain of custodydangerous drugsra 9165section 21drug cases

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

Philippine Supreme Court clarifies that broken chain of custody and unjustified non-compliance with Section 21 of RA 9165 warrant acquittal in drug cases.

Jun 11, 2018disbarmentadministrative lawlegal ethicsattorney's oathsubstantial evidenceibp

Upholding Attorney Integrity: Dismissal of Disbarment Complaint Requires Substantial Evidence of Malice

Disbarment requires substantial evidence of malice, not mere speculation. The Supreme Court clarifies the standard in Santiago v. Santiago.

Jun 11, 2018criminal-lawchain-of-custodydrug-offensesra-9165evidencebuy-bust-operation

Upholding the Chain of Custody in Drug Cases: Ensuring Integrity of Evidence

The Supreme Court affirms a drug conviction, explaining why strict compliance with the chain of custody rule under RA 9165 is vital.

Jun 11, 2018criminal-lawrapevictim-credibilitymedical-evidencesupreme-courtevidence

Victim Credibility in Rape Cases: The Role of Corroborating Medical Evidence

How Philippine courts weigh victim testimony, medical findings, and identification in rape convictions, explained through a 2018 Supreme Court ruling.

Jun 11, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bust-operationsupreme-court

Upholding Drug Convictions: The Importance of Chain of Custody in Illegal Drug Cases

The Supreme Court affirms drug convictions, explaining why strict compliance with the chain of custody rule is crucial.

Jun 6, 2018criminal lawdrug offensesra 9165chain of custodybuy-bust operationevidence

Safeguarding Rights: The Supreme Court's Stance on Drug Evidence Integrity

The Supreme Court acquits a drug suspect after police failed to follow Section 21 of RA 9165, stressing that strict compliance with the chain of custody rule is mandatory, not optional.

Jun 6, 2018labor-lawillegal-dismissalloss-of-trustcorporate-officerappeal-bondtermination

Breach of Trust, Competing Business Interests, and Employee Dismissal: Key Lessons from Malcaba v. ProHealth P

When can an employer validly dismiss for loss of trust? When is dismissal illegal? The Supreme Court clarifies in Malcaba v. ProHealth Pharma.

Jun 6, 2018labor-lawconstructive-dismissalretirement-payabandonmentillegal-dismissalsupreme-court

Retirement Benefits Determine Employee Status in Constructive Dismissal Cases

A bus driver who stopped reporting for work was not constructively dismissed but still entitled to retirement pay.

Jun 6, 2018partitionjurisdictioninheritancecivil-lawassessed-valueheirs

Heirs Inheritance Rights Partitioning Property Despite Unsettled Estates

Partition suits need the property's assessed value in the complaint; otherwise, courts lack jurisdiction and the case is dismissed.