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显示第 4513–4536 篇,共 24,669 篇文章

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May 11, 2018quo warrantoserenochief justicesalnjudicial integrityphilippine law

Quo Warranto and Judicial Integrity: The Sereno Case Explained

The Supreme Court's Sereno ruling clarifies that quo warranto can oust impeachable officers who lack constitutional qualifications like proven integrity.

Apr 25, 2018family-lawpresumptive-deathmilitary-benefitspvaocivil-codesupreme-court

Presumptive Death for Military Benefits: No Court Declaration Needed

Supreme Court clarifies that PVAO and AFP can process death benefits of missing soldiers without a court declaration of presumptive death.

Apr 25, 2018statutory rapecriminal lawvictim testimonyrape convictionchild protectionsupreme court

Protecting Childhood: Upholding Conviction in Statutory Rape Cases Based on Victim Testimony

The Supreme Court affirms a statutory rape conviction, holding that a child victim's credible testimony alone suffices to prove carnal knowledge.

Apr 24, 2018labor lawplagiarismacademic dishonestydismissalstare decisiswaiver of rights

Plagiarism in Academia: Supreme Court Upholds Dismissal of UE Professors for Misrepresentation

Supreme Court upholds dismissal of professors for plagiarism, misrepresentation, and breach of trust, clarifying stare decisis and waiver rules.

Apr 24, 2018judicial ethicsadministrative complaintcourt of appealsburden of proofdisbarmentsupreme court

Judicial Ethics: Scrutinizing Complaints Against Justices and the Standard of Proof

A look at how the Supreme Court handles administrative complaints against justices, using a 2018 case to explain the burden of proof.

Apr 24, 2018family-lawdivorceforeign-divorcefamily-coderemarriagesupreme-court

Divorce Abroad: A Filipino Spouse's Right to Remarry After a Foreign Divorce

The Supreme Court clarifies when a Filipino can remarry after a foreign divorce, even if the Filipino initiated the divorce proceedings abroad.

Apr 24, 2018family-lawdivorcemixed-marriageforeign-divorcearticle-26family-code

Divorce Recognition Expanding Rights FOR Filipinos IN Mixed Marriages

Learn how the Supreme Court expanded divorce recognition for Filipinos in mixed marriages, allowing remarriage even if they initiated the foreign divorce.

Apr 23, 2018criminal-lawchain-of-custodyra-9165drug-casesevidence-integritybuy-bust

Chain of Custody and Drug Cases: Ensuring Evidence Integrity

The Supreme Court acquits a drug suspect when police fail to justify non-compliance with Section 21 of RA 9165, emphasizing evidence integrity.

Apr 23, 2018forfeiturera-1379sandiganbayanill-gotten-wealthunexplained-wealthcriminal-law

Unexplained Wealth Forfeiture of Illegally Acquired Assets Under Philippine Law

The Supreme Court clarifies the rules on forfeiture of unlawfully acquired assets under RA 1379, including the burden of proof and evidentiary standards.

Apr 23, 2018immutability of judgmentsforeclosureredemption rightsinterest calculationreal estate mortgagebanc

Immutability of Judgments in Foreclosure Interest Calculations and Redemption Rights

Supreme Court clarifies that final judgments on foreclosure interest cannot be modified, and redemption rights lapse without payment.

Apr 23, 2018labor-lawillegal-dismissalvoluntary-resignationburden-of-proofquitclaimtermination

Voluntary Resignation vs Illegal Dismissal: Who Bears the Burden of Proof?

In illegal dismissal cases, the employee must first prove termination by the employer before the burden shifts to the employer.

Apr 23, 2018real-estate-lawforeclosureinterestsupreme-courtmortgagecontractual-obligations

Interest After Foreclosure: When Contractual Obligations Continue to Run

Philippine Supreme Court clarifies when interest stops after foreclosure, emphasizing contractual obligations and the immutability of final judgments.

Apr 23, 2018property-lawagrarian-reformjurisdictioncloadarland-disputes

Land Ownership Disputes: Court vs. DAR Jurisdiction Over CLOA Cancellation

Philippine Supreme Court clarifies when courts lack jurisdiction over land disputes involving CLOAs and agrarian reform titles.

Apr 23, 2018jurisdictionagrarian reformcloadarabcivil procedureland ownership

When Courts Cannot Decide Land Ownership Disputes Involving Agrarian Reform Awards

Philippine Supreme Court clarifies that cancellation of CLOAs falls under DAR Secretary's jurisdiction, not regular courts.

Apr 23, 2018chain of custodydangerous drugsra 9165section 21buy-bust operationcriminal law

Chain of Custody in Drug Cases: Why Non-Compliance Can Mean Acquittal

The Supreme Court acquits a drug suspect because police failed to justify deviations from Section 21's chain of custody rules.

Apr 23, 2018unlawful detainerejectmentjurisdictionrules of courtpossession

Unlawful Detainer Complaints: Why Alleging Tolerance Matters for Jurisdiction

The Supreme Court explains why an unlawful detainer complaint must allege initial lawful possession by tolerance—or the case fails for lack of jurisdiction.

Apr 23, 2018extortionpublic officerscriminal lawanti-graftrevised penal code

When Public Servants Cross the Line: Extortion Under the Guise of Authority

Philippine law on extortion by public officers, the elements of the crime, and what constitutes abuse of authority.

Apr 23, 2018labor-lawproject-employmentconstruction-industrysecurity-of-tenureillegal-dismissal

Project Employment in Construction: Defining Scope and Tenure in the Philippines

The Supreme Court clarifies when construction workers are project employees, not regular employees, and what benefits they retain.

Apr 23, 2018criminal lawchain of custodyra 9165drug evidencebuy-bust operationacquittal

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

The Supreme Court acquits a drug suspect when police fail to justify non-compliance with Section 21's chain of custody rule.

Apr 23, 2018maritime lawseafarer disabilitypoea contractlabor lawdisability benefitsdue process

Seafarers' Disability Claims: The Duty to Inform and the 120/240-Day Rule

The Supreme Court clarifies that a company-designated physician must actually inform the seafarer of a disability assessment; mere issuance is not enough.

Apr 23, 2018certiorarirule 65rule 45forfeituresandiganbayandemurrer to evidence

Certiorari Denied: Exhausting Appeals Before Seeking Extraordinary Writs in Tax Disputes

Learn why the Supreme Court denied certiorari in a forfeiture case, emphasizing the need to exhaust appeals before seeking extraordinary writs.

Apr 23, 2018labor-lawillegal-dismissalvoluntary-resignationquitclaimburden-of-prooftermination

Voluntary Resignation vs Illegal Dismissal: Proving the Fact of Termination

Philippine Supreme Court clarifies that employees must first prove the fact of termination before employers bear the burden of showing just cause.

Apr 23, 2018criminal lawraperobbery with rapeout-of-court identificationdamagesrevised penal code

Protecting Children Moral Ascendancy AND Criminal Liability FOR Sexual Abuse IN THE Philippines

The Supreme Court affirms robbery with rape conviction, clarifying out-of-court identification rules and damages for sexual abuse victims.

Apr 18, 2018child abusera 7610lascivious conductminorscriminal lawsexual abuse

Child Abuse Conviction for Lascivious Acts Against a Minor Under RA 7610

The Supreme Court clarifies when lascivious acts against a child constitute child abuse under RA 7610, not just acts of lasciviousness.