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显示第 457–480 篇,共 24,590 篇文章

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Oct 22, 2023civil lawquasi-delictemployer liabilityvehicle accidentssolidary liability

Employer and Vehicle Owner Liability: Solidary vs. Vicarious Under Philippine Law

When a driver causes an accident, liability depends on presence. Learn the difference between solidary and vicarious liability.

Oct 11, 2023police use of forcedeadly forcecriminal lawself-defensephilippine law

When Is Deadly Force Justified in the Philippines? Police Use of Force Rules

Philippine law on police use of force, deadly force standards, and what the Supreme Court says about justified shootings.

Oct 11, 2023lemon lawconsumer actdefective vehicledtira 10642ra 7394

Lemon Law or Consumer Act: Choosing the Right Remedy for Defective Vehicles in the Philippines

The Supreme Court clarifies that buyers of defective brand-new vehicles may choose between the Lemon Law and the Consumer Act.

Oct 11, 2023chain of custodyra 9165section 21buy-bust operationinsulating witnessespresumption of innocence

Chain of Custody in Drug Cases: Why Witness Credentials Matter

The Supreme Court acquits three drug suspects, stressing that insulating witnesses' identities and credentials must be proven, not just presumed.

Oct 11, 2023anti-graftprocurementra-3019sandiganbayanpublic officerscorruption

Graft and Corruption: When Does a Procurement Irregularity Become a Crime in the Philippines

The Supreme Court clarifies when procurement irregularities amount to graft under Section 3(e) of RA 3019, requiring proof of corrupt intent.

Oct 10, 2023theftrobberyrevised penal codecriminal lawforce upon thingsphilippine law

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Oct 10, 2023easementseminent domainproperty rightsmmdawater codereal estate law

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Oct 10, 2023election lawcomelecfreedom of speechelection propagandaprivate propertyoplan baklas

Election Propaganda on Private Property: COMELEC's Power to Regulate Free Speech

The Supreme Court clarifies when COMELEC may regulate privately-owned election materials, balancing free speech with election regulation.

Oct 10, 2023judicial corruptionadministrative caseevidence admissibilitygovernment propertysupreme courtjudge dismissal

Judicial Corruption: When Can Evidence From a Government-Issued Laptop Be Used

Explore the Supreme Court ruling on using evidence from a government-issued laptop in administrative cases against judges.

Oct 9, 2023child abusera 7610psychological abusecriminal lawsupreme courtlascivious conduct

When Does Masturbation in Front of a Minor Constitute Child Abuse Under RA 7610

The Supreme Court clarifies the legal boundaries of child abuse under RA 7610, ruling that mere masturbation in front of a minor without proof of severe psychological harm is not enough for conviction

Oct 9, 2023qualified traffickingentrapmentprivacy rightsra 9208human traffickingcriminal law

Qualified Trafficking in Persons: Entrapment, Privacy Rights, and Penalties Explained

The Supreme Court clarifies entrapment vs. instigation, privacy rights, and penalties in qualified trafficking cases involving minors.

Oct 8, 2023illegal recruitmentlabor lawcriminal lawtostonpoeaoverseas employment

When a Recruitment Employee Is Not Liable for Illegal Recruitment: Toston v. People

The Supreme Court in Toston v. People clarifies that a recruitment agency's mere employee is not automatically liable for illegal recruitment.

Oct 4, 2023criminal-law

Zero-Rated VAT on Manning Services: When a Foreign Principal Is Not "Doing Business" in the Philippines

Supreme Court clarifies when a foreign shipping company receiving manning services from a Philippine agency is not in the Philippines.

Oct 4, 2023legal ethicscode of professional responsibilitydisbarmentlawyersestate settlement

Zealous Representation vs Misconduct: When a Lawyer's Demand Letter Is Not Deceit

A lawyer's demand letter to protect a client's interest in an unsettled estate is not misconduct, the Supreme Court rules.

Oct 3, 2023tax lawbir assessmentletter of authoritydue processtax audit

Letter of Authority vs. Letter Notice: When a BIR Tax Assessment Is Void

The Supreme Court ruled that a BIR Letter Notice cannot substitute for a Letter of Authority—assessments without a valid LOA are void.

Oct 3, 2023legal ethicsnotarial practicelawyer suspensionconstructive noticesupreme courtadministrative case

When Does a Lawyer's Suspension Start? SC Clarifies Constructive Notice

The Supreme Court rules that a lawyer's suspension can begin upon constructive receipt of the decision when the lawyer's whereabouts are unknown.

Oct 3, 2023administrative lawgross misconductcourt personnelcode of conductdismissaljudicial ethics

Ethical Boundaries for Court Personnel: Consequences of Soliciting Fees for Favorable Outcomes

Court stenographer dismissed for gross misconduct after soliciting P248,000 from a litigant, promising to fix an annulment case.

Oct 3, 2023national wealthlocal governmentwater rightsangat damlgu sharenatural resources

Local Government Share in National Wealth: Water Rights and Resource Utilization

Supreme Court clarifies when LGUs can claim a share from water resources under the Constitution and Local Government Code.

Oct 3, 2023sheriffsadministrative liabilityillegal exactiongrave misconductsheriffs expensesrule 141

When Sheriffs Cross the Line: Illegal Exaction, Neglect of Duty, and Administrative Liability

A sheriff who directly collects fees without court approval and releases seized property without authority faces administrative liability, as the Supreme Court recently ruled.

Oct 2, 2023indigenous peoples rightsipramandamusfinality of judgmentcustomary lawunlawful detainer

When IPRA Customary Law Claims Collide with Final Judgments: Lessons from Spouses Sending v. Co Uy

The Supreme Court clarifies when indigenous customary laws apply in disputes and why final judgments cannot be overturned through belated IPRA claims.

Oct 1, 2023criminal proceduremotion to withdraw informationsandiganbayanprobable causeanti-graft

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.

Sep 18, 2023protection orderstemporary restraining orderjudicial immunityadministrative complaintgross ignorance of the lawjurisdiction

Protection Orders and Jurisdiction: When Court Errors Are Judicial, Not Administrative

A Supreme Court ruling clarifies when a judge's TRO errors are judicial matters, not grounds for administrative discipline.

Sep 11, 2023criminal-lawvawccybercrimepsychological-abusesocial-mediasupreme-court

When a Facebook Post Becomes a Crime: VAWC, Social Media, and Higher Penalties

The Supreme Court rules that using Facebook to commit psychological abuse under VAWC warrants a higher penalty under the Cybercrime Prevention Act.

Sep 4, 2023slappenvironmental lawcivil procedurefreedom of expressionpublic participation

Protecting Environmental Advocacy: The Limits of SLAPP Suits in Philippine Jurisprudence

Philippine courts define the limits of strategic lawsuits against public participation (SLAPP), balancing environmental advocacy with the right to protect reputations.