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显示第 4705–4728 篇,共 24,675 篇文章

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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-lawcorporate-officerintra-corporate-controversyjurisdictionillegal-dismissalcorporation-code

Corporate Officer Status and Jurisdiction in Illegal Dismissal Cases: North Star v. Balagtas

When is a dismissed executive a corporate officer whose case belongs to regular courts, not the Labor Arbiter? The Supreme Court clarifies.

Feb 7, 2018criminal lawchain of custodydrug casesreasonable doubtra 9165buy-bust operation

Reasonable Doubt and the Chain of Custody: Protecting Rights in Drug Cases

The Supreme Court acquits a drug suspect when police fail to prove an unbroken chain of custody, reinforcing constitutional protections.

Feb 7, 2018labor-lawawolgovernment-employeescivil-servicesupreme-courttermination

Unexcused Absence: Supreme Court Upholds Dismissal for Employees Absent Without Leave

The Supreme Court drops a court employee from the rolls for AWOL, explaining the rules on absences without approved leave in government service.

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.

Feb 7, 2018criminal lawchain of custodydangerous drugsra 9165evidencebuy-bust

Chain of Custody in Drug Cases: Integrity of Seized Drugs and Fair Conviction

Why the chain of custody rule in drug cases matters, and how lapses affect the integrity of evidence and the accused's conviction.

Feb 7, 2018land registrationprescriptionlachesproperty registration decreetorrens systemsupreme court

When Land Registration Decrees Never Become Stale: Republic v. Claro Yap

The Supreme Court clarifies that prescription and laches do not bar the re-issuance of a land registration decree, affirming decades-old doctrines.

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 6, 2018administrative lawnotarial practiceclerks of courtinefficiencyincompetencea.m. no. 02-8-13-sc

Notarial Duty and Administrative Liability: Upholding Integrity in Court Services

A branch clerk of court was suspended for notarizing documents without following the 2004 Rules on Notarial Practice. Learn the rules and risks.

Feb 6, 2018administrative lawnotarial practicecourt personnelinefficiencysuspension

Dismissal for Defiance: Upholding the Court's Authority in Administrative Duties

A Supreme Court ruling suspends a branch clerk of court for notarizing documents without the required certification, underscoring strict compliance with court rules.

Feb 6, 2018martial lawconstitutional lawsupreme courtmindanaopublic safetyhabeas corpus

Martial Law Extension: Balancing Public Safety and Constitutional Rights

The Supreme Court upholds the one-year martial law extension in Mindanao, affirming that public safety and constitutional safeguards can coexist.

Feb 6, 2018baildemurrer to evidencecriminal procedureevidencesandiganbayannapoles

Bail vs Demurrer: Why Different Evidence Standards Apply in Provisional Liberty and Acquittal

The Supreme Court clarifies why bail hearings use a lower evidence standard than demurrers to evidence, which can lead to acquittal.

Feb 6, 2018criminal-law

Bail VS Trial Understanding THE Standard OF Proof IN Provisional Liberty Petitions

Feb 5, 2018chain of custodydangerous drugsra 9165section 21drug evidencecriminal law

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

Philippine Supreme Court acquits drug suspect where police failed to prove an unbroken chain of custody over seized marijuana, explaining the strict rules under RA 9165.

Feb 5, 2018family homeexecutionfamily codecivil lawsupreme court

Family Home Exemption Claim Must Be Proven, Not Just Asserted

A bare claim that property is a family home cannot stop execution of a final judgment. The claimant must prove it.

Feb 5, 2018notarial practicelegal ethicsadministrative casenotary publicrevised administrative code

Notarizing a Spouse's Document: When Prior Law Allowed It

A lawyer notarized his wife's affidavit in 2002. The Court explains why no misconduct under the then-applicable notarial law.

Feb 5, 2018corporation lawquorumstockholder meetingcorporate governancecorporation codestock transfer

Corporate Quorum Quandary: Disputed Shares and the Validity of Stockholder Meetings

The Supreme Court rules that disputed shares still count toward quorum in stockholder meetings, and unrecorded transfers don't affect voting rights.

Feb 5, 2018administrative lawltfrbpublic conveniencepublic safetytransportation regulationphilippine law

Upholding Regulatory Authority: LTFRB Power to Suspend Certificates of Public Convenience for Public Safety Vi

Explore the Supreme Court's ruling affirming the LTFRB's authority to suspend certificates of public convenience for public safety violations.

Feb 5, 2018criminal lawchain of custodydangerous drugsra 9165evidenceacquittal

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

A drug conviction requires an unbroken chain of custody. Learn what gaps in evidence handling can lead to acquittal.

Feb 5, 2018corporate lawquorumstockholder meetingscorporation codedisputed sharesstock transfer

Corporate Quorum Conundrums: How Disputed Shares Impact Philippine Stockholder Meetings

Philippine Supreme Court clarifies that disputed shares still count toward quorum in stockholder meetings, and unrecorded transfers are not recognized.

Jan 31, 2018labor-lawproject-employmentsecurity-of-tenureconstruction-industryillegal-dismissalmonetary-claims

Project Employment vs Regular Employment: Security of Tenure in Construction

The Supreme Court clarifies when construction workers are project employees, not regular employees, and their rights to wages and benefits.

Jan 31, 2018maritime-lawseafarer-rightsdisability-benefitspoea-secpost-employment-medical-examlabor-law

Seafarers' Disability Claims: Strict Compliance With Post-Employment Medical Exam

Supreme Court clarifies that seafarers who fail the 3-day post-employment medical exam rule forfeit disability benefits, even if illness is work-related.

Jan 31, 2018criminal lawdangerous drugs actchain of custodybuy-bust operationphilippine jurisprudence

When a Crime Becomes More Than the Sum of Its Parts: Complex Crimes in Philippine Law

A drug case acquittal shows how the Supreme Court treats procedural lapses in buy-bust operations, and what that means for criminal liability in the Philippines.

Jan 31, 2018eminent domainjust compensationproperty lawexpropriationzonal valuationlegal interest

Just Compensation When Government Takes Property Without Formal Expropriation

When the government takes private land without expropriation proceedings, owners can still claim just compensation. The Supreme Court explains how.