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显示第 4945–4968 篇,共 24,676 篇文章

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Nov 8, 2017administrative lawjudgesraffle of casesneglect of dutyjudicial ethicsa.m. no. 03-8-02-sc

Prompt Case Raffle Is a Judge's Duty: Lessons from a Simple Neglect Case

The Supreme Court reminds judges that delaying case raffles violates A.M. No. 03-8-02-SC and constitutes simple neglect of duty.

Nov 8, 2017attorney's feeslabor lawpaoillegal dismissalsupreme court

Can Employees Get Attorney's Fees Even If Represented By PAO? Philippine Supreme Court Ruling

Philippine Supreme Court ruling: employees represented by the Public Attorney's Office can still receive attorney's fees in labor cases.

Nov 8, 2017vat refundzero-rated salestax credit certificatenirccourt of tax appealsprescriptive period

Untangling VAT Refund Claims Navigating Deadlines for Zero-Rated Sales

Learn how the Supreme Court clarified the mandatory deadlines for VAT refund claims on zero-rated sales, and why missing them is fatal.

Nov 8, 2017rapemoral ascendancystepfathercriminal lawrevised penal codesupreme court

Moral Ascendancy as Intimidation: Stepfather's Abuse of Authority in Rape Cases

Stepfather's moral ascendancy can substitute for force or intimidation in rape, explains the Supreme Court in People v. Austria.

Nov 8, 2017legal ethicscode of professional responsibilityadministrative lawlawyer disciplinebusiness dealings

Lawyer Suspended for Dishonest Business Dealings: Guillen v. Arnado

A lawyer's one-year suspension for deceitfully easing a business partner out of a restaurant shows professional conduct rules apply to personal dealings.

Nov 8, 2017criminal-lawcircumstantial-evidencetreacherymurderreasonable-doubtrevised-penal-code

Circumstantial Evidence and Treachery: When a Conviction for Murder Stands

The Supreme Court explains how circumstantial evidence alone can convict for murder, and when treachery qualifies the killing of a child.

Nov 8, 2017criminal-lawhomicidemurdertreacherydiminished-liabilityspontaneous-altercation

Diminished Liability Understanding Homicide Conviction In Spontaneous Altercations

The Supreme Court explains when spontaneous fights reduce homicide liability, and when treachery still qualifies murder despite provocation.

Nov 8, 2017labor-lawcourt-employeesadministrative-caseconduct-unbecomingcivil-service

Workplace Conduct: Upholding Decorum Among Court Employees in the Philippines

The Supreme Court reminds court personnel that professionalism and decorum are non-negotiable, fining two employees for a workplace altercation.

Nov 8, 2017statutory rapecriminal lawprosecutionsupreme courtrevised penal coderape

Statutory Rape: Why Prosecutors Must Investigate All Alleged Incidents

The Supreme Court reminds prosecutors to investigate every alleged incident of statutory rape, not just one count, in People v. Pagamucan.

Nov 8, 2017labor-lawattorney's-feespublic-attorneys-officeillegal-dismissalwage-recovery

PAO Representation Does Not Bar Attorney's Fees Award in Labor Cases

Supreme Court rules that employees represented by the Public Attorney's Office can still recover attorney's fees from employers who unlawfully withheld wages.

Nov 8, 2017administrative lawcourt employeesconduct unbecomingworkplace decorumjudiciarycivil service

Maintaining Decorum: Workplace Altercations and the Duty of Court Employees in the Philippines

The Supreme Court fined two court employees for a workplace altercation, reaffirming that decorum and professionalism are non-negotiable in the judiciary.

Nov 8, 2017legal ethicscode of professional responsibilitylawyer suspensionadministrative casebusiness dealings

Lawyer Suspended for Deceit in Business Dealings: A Lesson in Legal Ethics

A lawyer's one-year suspension for deceitful business conduct reminds Philippine attorneys that ethical standards apply beyond the courtroom.

Nov 8, 2017reversionpublic landreclassificationfree patentdenrland registration

Reclassification of Public Land: Executive Action and Burden of Proof in Reversion Cases

The Supreme Court clarifies that reclassifying public land requires executive action, and the State bears the burden of proof in reversion cases.

Nov 8, 2017criminal-lawestafaprobable-causewithdrawal-of-informationjudicial-discretionrevised-penal-code

Independent Judicial Assessment Required in Estafa Case Withdrawals

Supreme Court clarifies that judges must independently assess evidence before granting motions to withdraw information in estafa cases.

Nov 7, 2017briberyjudicial misconductdisbarmentdirect briberycode of professional responsibilitysupreme court

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

Nov 7, 2017administrative lawcoadisallowancearias doctrinepublic officersgovernment procurement

Reliance on Subordinates: When Public Officials Avoid Liability for Disallowed Funds

The Supreme Court clarifies when a public official can invoke the Arias doctrine to avoid personal liability for disallowed government funds.

Nov 7, 2017dishonestygrave misconductclerk of courtadministrative casecourt fundsgovernment service

Dismissal for Dishonesty and Grave Misconduct: Clerk of Court's Breach of Trust Over Court Funds

A clerk of court who failed to deposit court collections daily was dismissed for dishonesty and grave misconduct, even after full restitution.

Nov 7, 2017judicial misconductgross ignorance of the lawtemporary protection orderchild custodyfamily lawra 9262

Judicial Misconduct When Ex Parte Orders Exceed Legal Boundaries

The Supreme Court held a judge liable for gross ignorance of the law for issuing an ex parte TPO that improperly awarded child custody.

Nov 7, 2017legal ethicsdisbarmentcode of professional responsibilitygross misconductwillful disobedienceestafa

Attorney Disbarred for Gross Misconduct and Willful Disobedience to Court Orders

A lawyer's unauthorized use of a client's property for bail bonds, plus defiance of court orders, leads to disbarment.

Nov 7, 2017bailplundersandiganbayancertiorarievidencecriminal-law

Bail and Plunder: Examining the Strength of Evidence for Provisional Liberty

The Supreme Court upholds denial of bail in plunder case, explaining the standard of "strong evidence" and the limits of certiorari review.

Nov 7, 2017legal ethicscode of professional responsibilityattorney suspensionclient trustadministrative case

Attorney Suspended for Neglect of Duty and Failure to Provide Diligent Service

A lawyer who repeatedly failed to appear in court hearings was suspended for one year and ordered to return fees.

Nov 7, 2017legal ethicscode of professional responsibilitylawyer suspensionfalsified deedadministrative case

Lawyer Suspended for Two Years Over Falsified Deed Involving Deceased Landowner

Supreme Court suspends lawyer for two years for benefiting from a falsified deed of sale involving a property owner who had already died.

Nov 6, 2017civil-procedurerules-of-courtfinality-of-judgmentnotice-of-appeal3-day-notice-rulepersonal-service

Finality of Court Orders and the 3-Day Notice Rule: Ti v. Diño

The Supreme Court clarifies that defective motions do not toll the appeal period, and personal service is mandatory when practicable.

Nov 6, 2017maritime-lawseafarers-rightsdisability-benefitspoea-seclabor-lawtotal-permanent-disability

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Employment

When a company-designated physician fails to issue a final disability assessment within 120 or 240 days, a seafarer is deemed totally and permanently disabled.