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显示第 4801–4824 篇,共 24,676 篇文章

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Jan 11, 2018corporation-lawcorporate-dissolutionguarantor-liabilitydirectors-as-trusteescorporation-codesupreme-court

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.

Jan 11, 2018criminal-law

Reasonable Doubt Prevails Safeguarding Individual Rights IN Drug Sale Convictions 2

Jan 11, 2018self-defenseunlawful-aggressionhomicidemurdercriminal-lawrevised-penal-code

Self-Defense and Unlawful Aggression: Key Lessons from a Philippine Homicide Case

When does self-defense hold in Philippine homicide cases? The Supreme Court explains the crucial element of unlawful aggression.

Jan 11, 2018labor-lawillegal-dismissalredundancysecurity-of-tenurelabor-codephilippine-supreme-court

Unregistered Business High Court Affirms Illegal Dismissal For Sham Redundancy Scheme

Supreme Court rules a company's unregistered Philippine office cannot use a sham redundancy scheme to illegally dismiss an employee.

Jan 11, 2018criminal-lawevidencechild-witnesscerebral-palsyrapehomicide

Child Witness with Cerebral Palsy: Competency in Rape and Homicide Cases

Explore how the Supreme Court ruled that a child with cerebral palsy can be a competent witness in rape and homicide cases.

Jan 11, 2018ra 9262psychological violencemarital infidelityjurisdictionvenuefamily court

Transnational Marital Infidelity and Psychological Violence: Jurisdiction Under R.A. 9262

Philippine courts can hear psychological violence cases under R.A. 9262 even if the illicit affair abroad caused the wife's anguish at home.

Jan 11, 2018criminal lawchild witnesscerebral palsywitness competencyrape with homicideevidence

Child Witness With Cerebral Palsy: Competency and the Pursuit of Justice

The Supreme Court affirms that a child with cerebral palsy can be a competent witness, provided she can perceive and communicate her perceptions.

Jan 10, 2018legal ethicscode of professional responsibilitylawyer suspensionjudicial conductadministrative casephilippine supreme court

Upholding Judicial Conduct: Lawyers Must Show Courtesy and Punctuality for Fair Justice

A lawyer's two-year suspension for harassing judges and opposing counsel underscores the ethical limits of zealous advocacy in Philippine courts.

Jan 10, 2018criminal-lawrapesexual-abusera-7610double-jeopardychildren

Safeguarding Children: Distinguishing Sexual Abuse and Rape in Philippine Law

The Supreme Court clarifies that rape under the Revised Penal Code and sexual abuse under RA 7610 are separate crimes, and a single act can give rise to both offenses without violating double jeopardy

Jan 10, 2018illegal dismissallabor lawequipoise ruleburden of proofnlrcsupreme court

Protecting Labor Rights: Resolving Doubt in Illegal Dismissal Cases

When evidence is equally balanced in illegal dismissal cases, Philippine courts resolve doubt in favor of the employee. Learn the rules.

Jan 10, 2018expropriationjust compensationlegal interestproperty laweminent domaindpwh

Just Compensation and Legal Interest in Expropriation: What Property Owners Should Know

Philippine Supreme Court clarifies interest rates on unpaid just compensation in expropriation cases, protecting property owners' rights.

Jan 10, 2018subsidiary imprisonmentcriminal lawfinebp 22revised penal code

Subsidiary Imprisonment: When Can a Fine Turn Into Jail Time

Learn when Philippine courts can impose subsidiary imprisonment for unpaid fines, and why the penalty must be stated in the judgment.

Jan 10, 2018legal ethicsattorney suspensioncode of professional responsibilitylawyer misconductsupreme court

Upholding Ethical Conduct Attorney Suspended For Harassment And Misrepresentation

The Supreme Court suspends a lawyer for two years for harassing opposing counsel, misrepresenting facts, and attributing unsupported motives to a judge.

Jan 10, 2018illegal dismissallabor lawequipoise ruleverificationcertiorari

Equipoise Rule in Illegal Dismissal Cases: When Doubt Favors the Employee

The Supreme Court clarifies the equipoise rule in illegal dismissal cases, holding that when evidence is balanced, doubt must favor the employee.

Jan 10, 2018administrative lawcivil servicedisgraceful and immoral conductsexual harassmentcourt personnel

Dismissal for Disgraceful and Immoral Conduct: Court Personnel and Public Decorum

Court personnel who expose themselves face dismissal for disgraceful and immoral conduct, even when sexual harassment charges fail for lack of moral ascendancy.

Jan 10, 2018mortgage foreclosureprescriptionquieting of titlecivil lawgsissupreme court

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Jan 10, 2018contract-lawassignment-of-creditcorporate-liabilitysolidary-liabilityphilippine-lawreal-estate

Corporate Liability vs Individual Responsibility: Clarifying Boundaries in Contractual Obligations

Supreme Court clarifies when a bank-assignee of receivables becomes liable to condominium buyers, distinguishing joint from solidary liability.

Jan 10, 2018banking-lawreal-estateassignment-of-creditcondominiumbuyer-protectionjurisprudence

UCPB Liability as Assignee in Real Estate Development: What Buyers Should Know

Supreme Court ruling clarifies when a bank-assignee of receivables becomes liable to condominium buyers for a developer's failure to complete a project.

Jan 10, 2018administrative lawcode of professional responsibilitylawyer disciplinesuspensionwrit of possessionres judicata

Disobeying Court Orders: Consequences for Lawyers in the Philippines

A lawyer who uses dilatory tactics to delay execution of a final judgment faces suspension. Learn from Atty. Mallari's case.

Jan 10, 2018land registrationpublic landproperty registration decreecorporationoriginal registration

Land Registration Proving Ownership for Public Land Acquisition

The Supreme Court clarifies what evidence is needed to register public land, and the limits on corporations acquiring such land.

Jan 10, 2018disgraceful and immoral conductcivil servicejudiciarysexual harassmentadministrative casesupreme court

Dismissal for Immoral Conduct: Upholding Decency in the Judiciary

The Supreme Court dismisses a process server for exposing himself to a janitress, ruling it disgraceful and immoral conduct—a second offense warranting the severest penalty.

Jan 10, 2018legal ethicsdisciplinary actionabuse of court processescode of professional responsibilitylawyer's oathwrit of possession

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Jan 10, 2018maritime lawseafarers disabilitypoea-seccompany-designated physicianlabor law

Seafarers Disability Claims: When the Company Physician's Assessment Prevails

Learn when a company-designated physician's fit-to-work certification prevails over a seafarer's own doctor in disability claims under the POEA-SEC.

Jan 10, 2018criminal-law

Libel LAW Prioritizing Fines Over Imprisonment AND Just Compensation FOR Damages