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显示第 4681–4704 篇,共 24,673 篇文章

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Feb 19, 2018labor-lawillegal-dismissalloss-of-trustgross-negligencesecurity-of-tenuresupreme-court

The Delicate Balance: Upholding Employee Rights in Loss of Trust Cases

The Supreme Court clarifies that loss of trust and confidence cannot justify dismissal without proof of the employee's actual accountability.

Feb 19, 2018arbitrationadr actparty autonomycourt interventionphilippine lawalternative dispute resolution

Upholding Party Autonomy: Court Intervention in Arbitration Proceedings Under the ADR Act

Explore how the Supreme Court protects party autonomy in arbitration, limiting court intervention under the ADR Act of 2004.

Feb 19, 2018criminal-lawrapevictim-testimonyrevised-penal-codesupreme-courtdamages

Rape Conviction Affirmed: Why Victim Testimony Prevails Over Resistance Myths in Philippine Law

Philippine Supreme Court affirms rape conviction, clarifying that lack of physical resistance does not negate rape and victim testimony suffices.

Feb 19, 2018property lawforged documentsimplied admissionrule 26deed of donationsupreme court

Challenging Forged Documents and Implied Admissions in Philippine Property Law

The Supreme Court clarifies when failure to respond to a request for admission does not result in implied admission, protecting property owners from forged documents.

Feb 19, 2018rapecriminal lawvictim credibilitycorroborating testimonyrevised penal codesupreme court

Rape Conviction Affirmed: Victim Credibility and Corroborating Testimony in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that a minor victim's credible testimony, corroborated by medical evidence, suffices for conviction.

Feb 19, 2018legal ethicsattorney-client relationshiparticle 1491civil codeconflicting interestsproperty transfer

Upholding Client Confidentiality Attorney Sanctioned FOR Representing Conflicting Interests

Philippine Supreme Court affirms that lawyers cannot buy client property or represent conflicting interests, voiding a transfer under Article 1491.

Feb 14, 2018judicial affidavitindirect contempttrademark infringementrules of courtgood faithinjunction

Judicial Affidavit Rule and Contempt: Good Faith in Complying with Court Orders

When does using a corporate name violate an injunction? The Supreme Court clarifies that good faith compliance defeats indirect contempt.

Feb 14, 2018ra 9262economic abusechild supportvawccriminal lawfamily law

Denial of Child Support as Economic Abuse Under RA 9262: Key Lessons from Melgar v. People

The Supreme Court rules that withholding child support is economic abuse under RA 9262, even without proof of psychological anguish.

Feb 14, 2018criminal-lawrapecircumstantial-evidencereasonable-doubtburden-of-proofsupreme-court

Reasonable Doubt Prevails: Circumstantial Evidence and the Burden of Proof in Rape Cases

A father's rape conviction was reversed when circumstantial evidence failed to prove guilt beyond reasonable doubt, reaffirming the prosecution's burden in criminal cases.

Feb 14, 2018criminal lawreasonable doubtelection offenseevidencepresumption of innocencesupreme court

When Doubt Benefits the Accused: Integrity of Evidence in Philippine Criminal Cases

A Supreme Court ruling on reasonable doubt, witness credibility, and the prosecution's burden in election-period weapon possession cases.

Feb 14, 2018legal ethicscode of professional responsibilitylawyer suspensionattorney negligenceclient communicationnlrc appeal

Lawyer's Duty to Client: Neglect and Failure to Inform Leads to Six-Month Suspension

A lawyer who failed to inform a client about an adverse NLRC ruling and did not appeal was suspended for six months for violating the Code of Professional Responsibility.

Feb 14, 2018property-law

When Land Disputes Require Concrete Proof Tenant Status AND Agrarian Reform

Feb 14, 2018economic abusera 9262vawcdeprivation of supportcontinuing offensefamily law

Economic Abuse and Deprivation of Support as a Continuing Offense Under RA 9262

The Supreme Court clarifies that depriving a child of financial support is a continuing offense and economic abuse under RA 9262.

Feb 14, 2018criminal-law

Election LAW Carrying Deadly Weapons AND Reasonable Doubt

Feb 14, 2018corporate rehabilitationstay orderspecific performanceinterim rulescivil procedure

Corporate Rehabilitation Stay Orders: What They Mean for Property Claims

The Supreme Court explains how a stay order in corporate rehabilitation suspends all claims, including demands for specific performance of property sales.

Feb 14, 2018trademark infringementindirect contemptcorporate nameinjunctionintellectual propertycivil procedure

Trademark Infringement and Contempt: When Corporate Names and Court Orders Collide

The Supreme Court clarifies that good faith compliance with an injunction order cannot be punished as indirect contempt, even if a corporate name contains a challenged mark.

Feb 13, 2018administrative lawgrave misconductserious dishonestypublic officersombudsmanpcgg

Breach of Public Trust: Defining Misconduct and Dishonesty in Government Service

The Supreme Court affirms penalties against a former PCGG chairman for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service.

Feb 12, 2018corporate rehabilitationcourt of tax appealscustoms dutiestax waiverjurisdictionfria

Corporate Rehabilitation Tax Waiver: CTA Has Exclusive Jurisdiction Over Customs Duty Disputes

The Supreme Court clarifies that tax and customs duty disputes during corporate rehabilitation belong exclusively to the Court of Tax Appeals, not regular courts.

Feb 12, 2018corporate rehabilitationtax waivercourt of tax appealscustoms dutiesra 10142jurisdiction

Corporate Rehabilitation Tax Waivers and CTA Jurisdiction: Key Insights from Steel Corporation of the Philippi

Learn how the Supreme Court clarified CTA jurisdiction over tax waiver disputes arising from corporate rehabilitation under R.A. 10142.

Feb 7, 2018grave misconductpublic officersadministrative lawombudsmancivil service

Grave Misconduct in Government Service: When Dismissal Is the Only Penalty

Supreme Court reinstates dismissal of immigration officer for extortion and grave misconduct, ruling first offense cannot mitigate penalty.

Feb 7, 2018estafabreach of contractsubdivision lawp.d. 957real propertydeveloper liability

Breach of Contract and Estafa: Developer Liability for Unfulfilled Property Sale

When a developer fails to deliver titles after full payment, both civil and criminal remedies may apply. The Supreme Court clarifies when estafa and P.D. 957 violations arise.

Feb 7, 2018treacherymurdercriminal lawrevised penal codesupreme courtevident premeditation

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

A Supreme Court ruling explains how sudden, unexpected attacks constitute treachery in murder cases, and why evident premeditation requires more proof.

Feb 7, 2018preliminary injunctioncivil procedurerules of courtcontract disputeinjunctive relief

Preliminary Injunction Requires Clear Right, Not Just a Contract Claim

Philippine Supreme Court clarifies when preliminary injunctions may issue, emphasizing clear legal rights and irreparable injury requirements.

Feb 7, 2018labor lawillegal dismissalbreach of trusttermination of employmentsupreme court

Breach of Trust in the Workplace: When an Employer's Dismissal of a Chief Accountant is Unjustified

Philippine Supreme Court ruling on when an employer's dismissal of a chief accountant for breach of trust is unjustified.