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显示第 5065–5088 篇,共 24,677 篇文章

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Sep 13, 2017administrative lawlocal government codemunicipal appointmentscivil serviceappropriation ordinancemenro

Optional Positions and Local Government Authority: Budgetary Allocation Required for Municipal Appointments

The Supreme Court clarifies that appointments to optional LGU positions like the MENRO require both sanggunian concurrence and a valid appropriation ordinance.

Sep 11, 2017criminal-lawrapera 7610alibipositive identificationchild protection

Positive Identification Trumps Alibi in Child Rape Cases Under Philippine Law

How Philippine courts weigh a victim's positive identification against an alibi defense in child rape cases under RA 7610.

Sep 11, 2017res judicatatax saledue processproperty rightslocal government codeforum shopping

Res Judicata and Due Process in Tax Sales: When a Prior Case Does Not Bar a New Suit

The Supreme Court clarifies when res judicata applies in tax delinquency sales and protects property owners' right to due process.

Sep 11, 2017res judicatatax saledue processproperty rightslocal government codecivil law

Res Judicata and Due Process in Tax Sales: Ignacio v. City Treasurer of Quezon City

When a tax sale is challenged for lack of notice, res judicata may not bar the case if the earlier judgment did not rule on the sale's validity.

Sep 11, 2017tax saledue processres judicatareal propertylocal government code

When a Tax Sale Lacks Notice: Due Process and Res Judicata in Property Auctions

A Supreme Court ruling clarifies that a tax delinquency sale without proper notice violates due process and is not barred by res judicata.

Sep 11, 2017criminal-lawchain-of-custodyra-9165drug-casesbuy-bustacquittal

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Adherence to Chain of Custody Rules

The Supreme Court acquits a drug suspect after police failed to justify deviations from Section 21, RA 9165's chain of custody rule.

Sep 11, 2017bank managercivil liabilitygraft casenegligenceacquittalphilippine law

Bank Manager's Acquittal in Graft Case Does Not Erase Civil Liability for Negligence

Philippine Supreme Court ruling clarifies that acquittal in a criminal graft case does not automatically absolve a bank manager from civil liability for negligence.

Sep 11, 2017certiorarirule 65labor lawgrave abuse of discretioncourt of appealsprocedural rules

Certiorari Filing Deadlines: The 60-Day Rule and Grave Abuse of Discretion

A dismissed employee's appeal was wrongly rejected by the Court of Appeals before the 60-day certiorari period lapsed—what this means for litigants.

Sep 6, 2017maceda lawreal estatenotarizationcontract cancellationhlurbbuyer protection

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Sep 6, 2017statutory raperepublic act 7610child abusecriminal lawsupreme courtdamages

Statutory Rape Conviction Upheld: RA 7610 and Child Testimony Explained

The Supreme Court affirms a triple statutory rape conviction, clarifying RA 7610, child testimony, and damages for child victims.

Sep 6, 2017sheriffsexecution of judgmentsrule 39administrative casedue processmisconduct

Sheriffs Must Follow Execution Procedures Exactly or Face Administrative Liability

A sheriff who skipped the demand step before garnishing and levying property was suspended for simple misconduct by the Supreme Court.

Sep 6, 2017statutory raperevised penal codechild testimonycriminal lawsupreme court

Statutory Rape Conviction Affirmed: Child Victim's Sole Testimony Sufficient

Supreme Court affirms statutory rape conviction, ruling a credible child victim's testimony alone suffices even without medical examination.

Sep 6, 2017criminal-law

Protecting Children Statutory Rape AND Acts OF Lasciviousness Under Philippine LAW

Sep 6, 2017res judicataconclusiveness of judgmentequitable mortgagecivil lawforeclosure

Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage

Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.

Sep 6, 2017criminal-lawcircumstantial-evidencerobbery-with-homicidesupreme-courtrevised-penal-codereasonable-doubt

Guilt Beyond Doubt: Circumstantial Evidence in Robbery With Homicide Cases

How the Supreme Court upheld a robbery-with-homicide conviction based solely on circumstantial evidence, and what this means for criminal prosecutions.

Sep 6, 2017eminent domainjust compensationexpropriationlegal interestproperty law

Eminent Domain: How Courts Fix Just Compensation and Interest in Expropriation

Learn how Philippine courts determine just compensation and legal interest in expropriation cases, based on a 2017 Supreme Court ruling.

Sep 6, 2017statutory rapecriminal lawchild testimonymedical evidencesupreme courtreclusion perpetua

Protecting Childhood Conviction Stands In Statutory Rape Case Despite Lack Of Fresh Medical Evidence

Philippine Supreme Court affirms statutory rape conviction based on credible child testimony, ruling medical evidence is not indispensable.

Sep 6, 2017agrarian reformtenancydarabproperty lawagricultural leasehold

Proving an Agrarian Tenancy Relationship: Key Elements Under Philippine Law

Learn the six elements required to prove an agrarian tenancy relationship in the Philippines, and why consent and harvest sharing are crucial.

Sep 6, 2017commercial-law

Trademark LAW Likelihood OF Confusion AND Forum Shopping IN Trademark Registration

Sep 5, 2017civil proceduresummonsdue processforeign judgmentjurisdiction

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Sep 5, 2017administrative lawsearch warrantsjudicial accountabilityrule 126ocasupreme court

Judicial Accountability Balancing Discretion AND Duty IN Search Warrant Issuance

A Supreme Court ruling on administrative liability clarifies the balance between judicial discretion in search warrants and accountability for neglect.

Sep 5, 2017notarial practiceadministrative lawnotary publiclegal ethicssupreme courtdisqualification

Negligence in Notarial Practice: Revocation and Disqualification for Incomplete Certificates and Improper Reco

A notary's incomplete certificates and sloppy register entries led to perpetual disqualification from notarial practice and one-year suspension from law.

Sep 4, 2017administrative lawneglect of dutyclerk of courtcourt exhibitscustodia legisjudicial ethics

Court Clerk's Neglect of Duty: The Cost of Mishandling Exhibits in Custodia Legis

A clerk of court's failure to safekeep and dispose of exhibits led to a finding of simple neglect of duty, with lessons for all court personnel.

Sep 4, 2017kidnappingransomcriminal lawrevised penal codepositive identificationconspiracy

Kidnapping for Ransom: Convictions Upheld on Positive Identification and Collective Intent

The Supreme Court affirms kidnapping-for-ransom convictions, explaining how positive identification and conspiracy establish guilt beyond reasonable doubt.