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显示第 5281–5304 篇,共 24,680 篇文章

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Jul 5, 2017administrative lawpublic accountabilityserious dishonestygrave misconductshortage of funds

Breach of Trust Accountability for Missing Funds in Public Service

When a public officer cannot account for missing funds in custody, dismissal may follow. Learn from the Fajardo v. Corral ruling.

Jul 5, 2017reckless imprudencetraffic violationsnegligencevehicle collisionovertaking rulescriminal law

Traffic Violations and Negligence: When Driving on the Wrong Lane Determines Liability in Collisions

Philippine Supreme Court ruling on how traffic violations like wrong-lane driving establish negligence and liability in vehicle collisions.

Jul 5, 2017rapecriminal lawwitness credibilitymoral ascendancyrevised penal code

Upholding the Credibility of a Rape Victim's Testimony and the Burden of Proof

In People v. Amar, the Supreme Court convicted a father of raping his daughter, showing how moral ascendancy substitutes for force and how denial and alibi fail.

Jul 5, 2017legal ethicscode of professional responsibilityconflicting interestsadministrative casesupreme court

Lawyer Suspended for Double-Dealing: Lessons on Conflicting Interests

A lawyer who prepared motions for the opposing party violated the rule against conflicting interests. The Supreme Court explains why.

Jul 5, 2017qualified theftcriminal lawbreach of trustrevised penal codesupreme courtemployment

Breach of Trust: Defining Qualified Theft in Employment Relationships

The Supreme Court clarifies when employee theft becomes qualified theft, punishing breach of trust with reclusion perpetua.

Jul 5, 2017agrarian reformdue processfinality of judgmentdarland disputescivil procedure

Finality of Agrarian Reform Orders: Due Process and Timeliness in Land Disputes

The Supreme Court affirms that DAR orders become final when landowners fail to timely appeal, even if service was imperfect.

Jul 5, 2017libelactual malicepress freedompublic interestqualified privilegesupreme court

Protecting Press Freedom: Actual Malice and Libel in Public Interest Reporting

A Philippine Supreme Court ruling on actual malice, qualified privilege, and libel in reporting on public officials' conduct.

Jul 5, 2017treacherymurderrevised-penal-codecriminal-lawsupreme-court

Treachery Defined: The Element of Surprise in Philippine Murder Law

A Supreme Court ruling explains what makes a killing treacherous under Philippine law—and why sudden, unexpected attacks qualify as murder.

Jul 5, 2017property lawforged signatureco-ownershipprescriptionquieting of titletorrens title

Forged Signatures and Imprescriptibility in Co-Ownership Property Disputes

Forged deed transfers property by fraud; co-owner in possession can file imprescriptible quieting of title action.

Jul 5, 2017criminal-lawrapemoral-ascendancyincestsupreme-courtfamily-law

Protecting the Vulnerable: The Duty of Moral Ascendancy in Familial Rape Cases

How the Supreme Court affirmed a father's rape conviction, explaining why moral ascendancy replaces force in incestuous abuse.

Jul 5, 2017quitclaimlabor lawwaivermonetary claimssupreme court

Quitclaims in Philippine Labor Law: When a Waiver of Claims Is Valid and Binding

Philippine Supreme Court clarifies when quitclaims are valid, how consideration is measured, and whether amounts received must be returned or offset.

Jul 4, 2017agrarian reformdarfinality of ordersdue processland reclassificationcarp

Finality of DAR Orders: Due Process in Agrarian Reform Cases

Learn how the Supreme Court upholds the finality of DAR orders, the rules on land reclassification, and due process in agrarian reform.

Jul 4, 2017piercing corporate veildirector liabilitysecurities fraudinvestment contractscorporation code

Piercing the Corporate Veil: Director Liability in Investment Fraud Cases

When can directors be personally liable for corporate fraud? The Supreme Court's ruling in Virata v. Ng Wee provides clear guidance.

Jul 3, 2017co-ownershipland registrationtorrens titleproperty registration decreep.d. 1529surrender of title

Co-Ownership and Land Registration: Who Keeps the Owner’s Duplicate Title?

A Supreme Court ruling clarifies when a buyer of an undivided co-owned land must surrender the owner’s duplicate certificate of title to the co-owners.

Jul 3, 2017telegraphic transferbank liabilitynegligencecivil codesupreme court

Telegraphic Transfers and Bank Liability: Understanding the Limits of Negligence

The Supreme Court clarifies when a bank's duty ends in telegraphic transfers and why courts cannot rule on unpleaded negligence claims.

Jul 3, 2017civil lawbuilder in good faithland disputearticle 448accessionproperty law

Good Faith Prevails in Land Disputes: Builders' Rights Under Philippine Law

Philippine Supreme Court clarifies when a builder on another's land is in good faith and entitled to reimbursement under Articles 448 and 546.

Jul 3, 2017constructive dismissallabor lawillegal dismissalnlrcmanagement prerogative

Constructive Dismissal: Proving Unbearable Working Conditions in Philippine Labor Law

When do employer actions become constructive dismissal? The Supreme Court clarifies the test in Borja v. Miñoza.

Jul 3, 2017telegraphic transfercivil proceduredue processbank liabilitysupreme court ruling

When Courts Overstep: The Limits of Relief in Telegraphic Transfer Disputes

Philippine Supreme Court clarifies that courts cannot award damages on issues never raised in pleadings, reinforcing due process in bank disputes.

Jul 3, 2017property lawtorrens titleland registrationpd 1529co-ownershipcivil procedure

Surrender of Owner's Duplicate Title: Buyers Cannot Withhold It Indefinitely

Buyers who hold an owner's duplicate title after a partial sale must register promptly; co-owners can compel surrender if registration is unreasonably delayed.

Jul 3, 2017philippine supreme courtbuilders in good faitharticle 448 civil codeproperty lawland ownershipres judicata

Upholding Land Ownership After Fraudulent Free Patents and the Right to Reclaim Property

A Supreme Court ruling explains when builders on land they do not own are presumed in good faith, and why the landowner must choose between buying the house or selling the land.

Jul 3, 2017criminal-lawcertiorarigrave-abuse-of-discretionbailrules-of-courtsupreme-court

Grave Abuse of Discretion: When a Trial Court's Error Warrants Certiorari

The Supreme Court clarifies when a trial court's procedural error amounts to grave abuse of discretion, making certiorari the proper remedy.

Jul 3, 2017criminal-lawreasonable-doubtmurderevidencewitness-testimonyacquittal

Reasonable Doubt and Inconsistent Witness Testimony Lead to Murder Acquittal

Explaining how material inconsistencies in an eyewitness's testimony can create reasonable doubt, leading to acquittal in murder cases.

Jul 3, 2017administrative lawdue processcivil servicedisciplinary proceedingsshow cause memorandum

Procedural Due Process in Administrative Cases: When a Show Cause Memorandum Suffices

The Supreme Court clarifies when a show cause memorandum satisfies procedural due process in administrative disciplinary proceedings against government employees.

Jul 3, 2017administrative-law

Procedural DUE Process THE Indispensable Right TO BE Heard IN Administrative Cases