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显示第 4897–4920 篇,共 24,676 篇文章

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Nov 22, 2017criminal lawrapeacts of lasciviousnessra 7610child abusesupreme court

Parental Abuse of Authority: When Acts of Lasciviousness Differ from Rape

Philippine Supreme Court clarifies when a father's lewd acts on a child are acts of lasciviousness under RA 7610 versus qualified rape.

Nov 22, 2017labor-lawconstructive-dismissalsecurity-of-tenurefloating-statussecurity-guardsillegal-dismissal

Security of Tenure: Prolonged Floating Status Is Constructive Dismissal

When a security guard's floating status exceeds six months, it becomes constructive dismissal. The Supreme Court explains the rule.

Nov 22, 2017criminal-lawmurderburden-of-proofeyewitness-testimonyalibisupreme-court

Burden of Proof in Murder Cases: When a Single Eyewitness Suffices

The Supreme Court affirms a murder conviction based on a single eyewitness's positive identification, explaining the burden of proof and the limits of the alibi defense.

Nov 22, 2017rapeintellectual disabilitymental agecriminal lawrevised penal codesupreme court

Protecting the Vulnerable: Rape Conviction Affirmed for Abuse of Intellectually Disabled Victim

The Supreme Court affirms a rape conviction, ruling that mental age—not chronological age—determines a victim's capacity to consent.

Nov 22, 2017parental authoritycriminal liabilityfamily lawchild abusedisciplinephilippine law

Familial Abuse of Power When Parental Authority Becomes Criminal Liability

Explore the legal boundaries of parental authority, when discipline crosses into criminal liability, and the Supreme Court's guidance on familial abuse.

Nov 22, 2017mortgagee-in-good-faithtorrens-titlereal-estate-mortgagelenders-rightsland-registration

Mortgagee in Good Faith: Protecting Lenders in Real Estate Transactions

Learn how the Supreme Court protects mortgagees in good faith who rely on Torrens titles, and what this means for lenders.

Nov 22, 2017ombudsmanadministrative lawjudicial disciplinedeclaratory reliefgross ignorance of the lawjurisdiction

Judicial Overreach: Enjoining Ombudsman Suspension Orders and the Limits of Declaratory Relief

A judge was fined for gross ignorance of the law after issuing injunctions against an Ombudsman suspension order, exceeding RTC jurisdiction.

Nov 22, 2017chain of custodyproduct liabilityquasi-delictmoral damagescivil codeevidence

Chain of Custody and Damages: Lessons from the Sprite Bottle Case

A Supreme Court ruling on product liability, chain of custody of evidence, and when moral and exemplary damages may be awarded in quasi-delict cases.

Nov 22, 2017pagcortaxationvatincome taxfranchise taxgocc

PAGCOR Tax Liabilities Clarifying Income and VAT Exemptions Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liability: 5% franchise tax on gaming income, income tax on related services, and VAT exemption.

Nov 22, 2017administrative lawcivil servicedishonestyhabitual absenteeismjudiciarytime records

Falsifying Time Records and Habitual Absenteeism in the Judiciary: A Lesson in Accountability

The Supreme Court disciplines court personnel for falsified DTRs and habitual absenteeism, reaffirming strict ethical standards in the judiciary.

Nov 22, 2017legal ethicscode of professional responsibilitylawyer negligenceadministrative caseappellate practice

Lawyer Suspended for Negligence: The Duty to File Briefs and Update Clients

A lawyer's failure to file an appellant's brief and inform clients of case status results in six-month suspension for violating the Code of Professional Responsibility.

Nov 22, 2017property lawtorrens systeminnocent purchaserland disputescivil lawregistration

Protecting Property Rights: Good Faith Purchasers Prevail in Land Disputes

The Supreme Court clarifies that a buyer who relies on a clean Torrens title in good faith keeps ownership, even if the seller's title was later found defective.

Nov 22, 2017pre-trialevidencelitigationcivil proceduresupreme court

Pre-Trial Orders Prevail: Limiting Evidence to Ensure Fair and Efficient Litigation

Explore how Philippine courts treat pre-trial orders that limit evidence, ensuring fair and efficient litigation while preventing trial by ambush.

Nov 22, 2017criminal lawrapemental retardationcredible testimonymedical findings

Robbery With Rape Affirming Conviction Based ON Credible Testimony Despite Negative Medical Findings

Supreme Court affirms rape conviction based on credible testimony and mental age, despite negative medical findings.

Nov 22, 2017counterclaimslibelcivil procedurecompulsory counterclaimpermissive counterclaimdamages

Counterclaims in Libel Cases: Compulsory vs Permissive Claims Under Philippine Law

The Supreme Court clarifies when counterclaims in libel suits are compulsory or permissive, and the procedural requirements that follow.

Nov 22, 2017pagcortaxationfranchise taxvalue-added taxfringe benefit taxgovernment-owned corporations

PAGCOR Tax Ruling Clarifies Income Tax, VAT, and Fringe Benefit Liability

Supreme Court ruling clarifies PAGCOR's tax liability: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

Nov 22, 2017legal ethicsattorney disciplinecode of professional responsibilityclient communicationappeal

Attorney Suspended for Neglecting Client's Appeal and Failing to Communicate

A lawyer's failure to file an appellant's brief and update clients on case status leads to six-month suspension.

Nov 22, 2017agrarian reformcertificate of land transferemancipation patentproperty lawdarabland ownership

CLT vs Emancipation Patent: Why a Certificate of Land Transfer Does Not Vest Ownership

Supreme Court clarifies that a Certificate of Land Transfer is not proof of ownership—only an Emancipation Patent confers absolute title.

Nov 22, 2017government procurementra 9184limited source biddingnegotiated procurementgrave misconductadministrative law

Accountability in Government Procurement: Upholding Transparency in Limited Source Bidding and Negotiated Proc

Supreme Court affirms dismissal of NPO-BAC chair for grave misconduct over flawed limited source bidding and negotiated procurement under RA 9184.

Nov 22, 2017labor-lawconstructive-dismissalfloating-statussecurity-of-tenuresecurity-guardsillegal-dismissal

Prolonged Floating Status of Security Guards Is Constructive Dismissal

Security guards placed on floating status beyond six months are constructively dismissed. Learn the rule from Padilla v. Airborne Security.

Nov 22, 2017cadastral proceedingsofficial gazettejurisdictionland registrationproperty law

Cadastral Proceedings: Jurisdictional Validity Through Official Gazette Publication

When does a cadastral court validly acquire jurisdiction? The Supreme Court clarifies the publication requirement under the Cadastral Act.

Nov 22, 2017pagcorfranchise taxincome taxvatfringe benefit taxphilippine tax law

PAGCOR Tax Landscape: Franchise Tax vs Income Tax Obligations Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liabilities: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

Nov 22, 2017mortgagegood faithtorrens titlereal estatelender protectionland registration

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Nov 21, 2017commission on auditgovernment compensationjudicial interpretationretroactivitypitcadministrative law

MWSS Benefits Disallowance: Retroactive Effect of Judicial Rulings on Government Compensation

Supreme Court rules judicial interpretations of law apply retroactively, not prospectively, in government benefits disallowance cases.