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显示第 4633–4656 篇,共 24,673 篇文章

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Mar 7, 2018administrative lawcourt stenographerneglect of dutytranscriptioncivil servicesupreme court

Timely Transcription of Court Notes: Balancing Efficiency and Fairness in Administrative Duty

A Supreme Court ruling on a court stenographer's delayed transcripts clarifies the line between simple and gross neglect of duty.

Mar 7, 2018administrative lawjudicial disciplinegross ignorance of the lawdouble jeopardyspeedy trial

Judicial Accountability Correcting Legal Errors AND THE Limits OF Disciplinary Action

When a judge errs but corrects the mistake, disciplinary action may not follow. The Supreme Court explains the limits of judicial accountability.

Mar 7, 2018criminal-lawdrugschain-of-custodybuy-bustra-9165evidence

Compromised Evidence Safeguarding Drug Integrity IN Anti Drug Operations

When police fumble the chain of custody, drug convictions fail. A 2018 Supreme Court ruling shows why procedure matters.

Mar 7, 2018apparent authoritybanking lawemployee fraudcivil code article 1911bank liabilitycitystate savings bank

Apparent Authority: When a Bank Is Liable for Employee Fraud

The Supreme Court explains when a bank is solidarily liable for a branch manager's fraud under the doctrine of apparent authority.

Mar 7, 2018criminal lawrapemental retardationrevised penal codesupreme courtpeople v. martinez

Protecting the Vulnerable: Rape of a Mentally Retarded Woman Is a Heinous Crime Regardless of Consent

The Supreme Court affirms that carnal knowledge of a mentally retarded woman is rape, even if consensual or without knowledge of her condition.

Mar 7, 2018tax lawincome taxtax refundtax creditcarry-overbir

Irrevocability in Tax Overpayments: Refund vs Carry-Over Options Explained

Understand the Supreme Court's ruling on when a tax overpayment option becomes irrevocable, and what it means for corporate taxpayers in the Philippines.

Mar 7, 2018chain of custodyra 9165drug casessection 21buy-bust operationacquittal

Chain of Custody Rule: Why Drug Evidence Integrity Is Crucial in Philippine Drug Cases

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

Mar 7, 2018judicial affidavit ruleadministrative lawjudicial discretionsupreme court rulesjudgesphilippine courts

Judicial Discretion vs the Judicial Affidavit Rule: Striking the Right Balance

A judge's extra requirement under the Judicial Affidavit Rule led to an administrative penalty. Learn the limits of judicial discretion.

Mar 7, 2018family-lawannulmentpsychological-incapacityrules-of-courtsubstantial-justicesupreme-court

Upholding Marital Sanctity When Procedural Technicalities Give Way to Substantial Justice in Annulment Cases

The Supreme Court relaxes procedural rules to protect marriage's sanctity, allowing the State to appeal an annulment ruling despite technical lapses.

Mar 7, 2018civil-lawjudgment-executionrevival-of-judgmentrules-of-courtrule-39philippine-supreme-court

Revival of Judgment: How Debtor's Actions Affect Execution Deadlines

When a judgment debtor's own actions delay execution, the five-year period to enforce a judgment by motion may be tolled.

Mar 6, 2018property lawindigenous peoples rightsjurisdictionenvironmental casesancestral land

Indispensable Party Rule in Reconveyance: Heirs of Tunged v. Sta. Lucia Realty

The Supreme Court ruled that an environmental case filed by indigenous peoples against a non-IP developer belongs to the regular courts, not the NCIP.

Mar 6, 2018criminal-lawstatutory-rapeburden-of-proofhearsayrevised-penal-codesupreme-court

Statutory Rape and the Burden of Proof: Lessons from People v. Ramirez

A look at People v. Ramirez on statutory rape, the burden of proof, and why hearsay cannot support a conviction.

Mar 6, 2018retirement benefitslongevity payleave creditsjudiciarysupreme courtadministrative law

Judicial Retirement Benefits: Tacking Leave Credits for Optional Retirees

The Supreme Court clarifies that optional retirees may tack earned leave credits to increase longevity pay, settling a longstanding issue.

Mar 5, 2018legal ethicsadministrative casezealous advocacylawyer misconductcanon of professional responsibilitysupreme court

Zealous Advocacy Within Legal Bounds Is Not Lawyer Misconduct

Supreme Court clarifies that a lawyer's persistent pursuit of a client's cause, done within legal bounds, is not administrative misconduct.

Mar 5, 2018labor-lawemployer-liabilityemployer-employee-relationshipjurisdictionsupreme-courtproperty-owner

Employer Liability: Ownership of Premises Does Not Make One an Employer

Supreme Court clarifies that owning a building or premises does not automatically create an employer-employee relationship, reversing a labor ruling against a property owner.

Mar 5, 2018tax-salesdue-processproperty-rightsphilippine-lawsupreme-courtland-ownership

Tax Sales vs Due Process: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on tax sales, due process, and property rights protection for landowners.

Mar 5, 2018legal ethicsdisbarmentdemand letterscode of professional responsibilitysupreme court

Upholding Attorneys Duty Demand Letters AND Ethical Boundaries IN Legal Representation

Supreme Court clarifies when a lawyer's demand letter is legitimate advocacy versus unethical extortion, dismissing disbarment case against Atty. Freddie Feir.

Mar 5, 2018chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody in Drug Cases: Integrity vs. Strict Procedure

The Supreme Court explains when lapses in the chain of custody rule do not automatically acquit an accused in drug cases.

Mar 5, 2018criminal-lawself-defenseunlawful-aggressionmurderrevised-penal-codesupreme-court

Self Defense Claim Fails Understanding Unlawful Aggression IN Philippine Homicide LAW

Philippine Supreme Court explains why self-defense failed in a murder case, focusing on the crucial element of unlawful aggression.

Feb 28, 2018mootnesscorporate lawjurisdictioncivil proceduresupreme courtphilippines

Mootness in Corporate Disputes: When Supervening Events Impact Jurisdiction

Explore how the Supreme Court handled mootness claims in a corporate dispute, clarifying when supervening events affect jurisdiction and remand.

Feb 28, 2018civil-proceduresummonsdue-processannulment-of-judgmentjurisdictionservice-of-summons

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

Feb 28, 2018criminal-law

Chains OF Custody Safeguarding Drug Evidence Integrity

Feb 28, 2018bigamydivorce decreeforeign judgmentfamily codecriminal lawrevised penal code

Divorce Decree Recognition in Bigamy Cases: Strict Proof Required

A foreign divorce decree does not automatically dissolve a marriage in the Philippines. Learn what proof is required to avoid bigamy conviction.

Feb 28, 2018labor-lawcollective-bargaining-agreementsalary-loansmanagement-prerogativesupreme-courtbanking

CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes

Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.