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显示第 4537–4560 篇,共 24,669 篇文章

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Apr 18, 2018res judicatalitis pendentiaproperty lawcivil proceduresupreme court

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

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.

Apr 18, 2018treacherymurderhomiciderevised-penal-codeself-defensesupreme-court

Treachery Unveiled: Distinguishing Homicide From Murder in Sudden Attacks

The Supreme Court clarifies when sudden attacks amount to treachery, distinguishing murder from homicide in People v. Abina.

Apr 18, 2018reformation of instrumentscontract lawcivil codephilippine supreme courtmakati tuscany

Reformation of Instruments When a Written Contract Fails to Reflect True Intentions

Philippine Supreme Court explains when courts may reform a written contract to reflect the parties' true intentions, citing Article 1359.

Apr 18, 2018criminal-lawdangerous-drugschain-of-custodyreasonable-doubtsection-21buy-bust-operation

Reasonable Doubt in Drug Cases: The Three-Witness Rule and Chain of Custody

Supreme Court acquits drug suspect over broken chain of custody and missing witnesses—explaining Section 21, RA 9165 requirements.

Apr 18, 2018labor-laweducationcollective-bargaining-agreementfaculty-qualificationstenureched

Master's Degree Requirement for College Faculty: Educational Standards Prevail Over CBA Tenure Provisions

Supreme Court rules CHED faculty qualification requirements prevail over CBA tenure-by-default provisions, upholding dismissal of professors without master's degrees.

Apr 18, 2018anti-graftbehest loansra 3019government loansdue diligenceombudsman

Behest Loans and Due Diligence: Protecting Public Funds From Graft

Supreme Court ruling on when government loans become graft, and why due diligence and business judgment protect public officials.

Apr 18, 2018contract-lawdefective-renovationunlicensed-contractordamagesphilippine-lawconsumer-protection

Unlicensed Contractors and Unfulfilled Promises: Recouping Losses From Defective Renovations

Learn how Philippine law treats defective renovation work by unlicensed contractors and the remedies available to homeowners seeking compensation.

Apr 18, 2018family codepresumptive deatharticle 41well-founded beliefmarriagecivil law

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Apr 18, 2018legal interestconstruction claimstemperate damagesbreach of contractcivil law

When Legal Interest Begins on Construction Claims: Lessons from Yamauchi v. Suñiga

The Supreme Court clarifies when 6% legal interest accrues on construction damage awards and how courts determine temperate damages.

Apr 18, 2018search warrantplain view doctrinecriminal procedureadmissibility of evidenceprivacy rights

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Apr 18, 2018criminal lawrecantationaffidavit of desistancefrustrated homicideevidence

Affidavit of Recantation: When Does It Reverse a Conviction

The Supreme Court explains when a complainant's recantation can overturn a conviction and why courts view retractions with suspicion.

Apr 18, 2018ombudsmancriminal complaintgrave abuse of discretionra 6770preliminary investigationadministrative complaint

Ombudsman's Discretion in Evaluating Criminal Complaints: Key Lessons from Espaldon v. Buban

The Supreme Court clarifies that the Ombudsman's discretionary dismissal under Section 20 of R.A. 6770 applies only to administrative, not criminal, complaints.

Apr 18, 2018criminal-lawchain-of-custodyillegal-drugsevidencephilippine-jurisprudence

Safeguarding Rights: Strict Chain of Custody Critical in Drug Cases

Philippine jurisprudence demands an unbroken chain of custody for seized drugs; gaps in the links can invalidate a conviction and restore the presumption of innocence.

Apr 18, 2018kidnappingserious illegal detentioncriminal lawevidencewitness testimonyarticle 267

Kidnapping and Serious Illegal Detention: Victim's Testimony as Primary Evidence

In People v. Fajardo, the Supreme Court ruled that a victim's credible testimony alone can convict kidnappers, even without confessions.

Apr 18, 2018electricitydisconnectionmeralcoutilityconsumer-rightsdue-process

Electricity Disconnection: Utility's Duty to Inspect and Provide Notice

When can a distribution utility disconnect electric service? The Supreme Court clarifies the duty to inspect meters and give proper notice.

Apr 17, 2018right to travelhold departure orderwatchlist orderdoj circular 41constitutional lawadministrative law

Freedom TO Travel Safeguarding Constitutional Rights Against Administrative Overreach

The Supreme Court strikes down DOJ Circular No. 41 for infringing the constitutional right to travel, reaffirming that only law, not administrative fiat, may restrict it.

Apr 16, 2018administrative lawjudgesgross inefficiencyjudicial ethicsdelay of justicesupreme court

Judicial Efficiency vs Personal Hardship: Striking a Balance in Administrative Liability

The Supreme Court clarifies when personal hardships can and cannot excuse a judge's delay in deciding cases, imposing a P15,000 fine for gross inefficiency.

Apr 16, 2018administrative-law

Dropping From THE Rolls Upholding Accountability IN Public Service Through Removal FOR Unexcused Absences

Apr 16, 2018seafarer rightsdisability benefitspoea-seclabor lawsupreme courtmaritime law

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Apr 16, 2018sheriffsadministrative lawethicsofficial dutyabuse of authority

Sheriffs Overreach: Defining the Boundaries of Official Duty and Ethical Conduct

A Supreme Court ruling clarifies when a sheriff's actions exceed official duty, imposing administrative liability for abuse of authority.

Apr 16, 2018criminal proceduredangerous drugschain of custodybuy-bust operationra 9165acquittal

Chain of Custody Breach in Drug Buy-Bust Leads to Acquittal

When police deviate from Section 21's chain of custody rule without justification, the accused may be acquitted.

Apr 16, 2018annulmentpsychological incapacityfamily codeburden of proofmarriage

Psychological Incapacity in Marriage: Proving the Burden for Annulment

The Supreme Court clarifies the burden of proof for annulment based on psychological incapacity under Article 36 of the Family Code.

Apr 16, 2018maritime-law

Premature Filing Seafarers Disability Claim Dismissed FOR NON Compliance With Poea SEC Procedures