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显示第 5353–5376 篇,共 24,680 篇文章

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Jun 7, 2017self-defensemurdertreacherycriminal lawrevised penal codeunlawful aggression

Self-Defense vs. Retaliation: When Justification Turns to Murder in Philippine Law

A Supreme Court ruling clarifies when a plea of self-defense fails and becomes retaliation, leading to murder convictions.

Jun 7, 2017real-estate-lawforged-spamortgagee-in-good-faithvoid-mortgagetorrens-titlefamily-code

Mortgagee in Bad Faith When Reliance on Forged SPA Nullifies Real Estate Mortgage

A mortgagee who relies on a forged SPA without verifying the owner's authority may be in bad faith, voiding the mortgage.

Jun 7, 2017rapecriminal lawrevised penal codeincestqualified rapesupreme court

Rape and Parental Authority: Why a Father's Conviction Stood as Simple Rape

A father raped his 16-year-old daughter twice. The Supreme Court upheld his conviction but kept it as simple rape because the information omitted his relationship. Here's why.

Jun 7, 2017criminal-law

Unlawful Arrest Invalidates Search Protecting Constitutional Rights IN Drug Cases

Jun 7, 2017eminent domainjust compensationexpropriationzonal valuationproperty lawnia

Eminent Domain and Just Compensation: Valuing Land Beyond BIR Zonal Valuation

Philippine Supreme Court clarifies that BIR zonal values are mere guides, not binding limits, in determining just compensation for expropriated property.

Jun 7, 2017mortgageforeclosurespecial power of attorneygood faithreal estate law

Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements

Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.

Jun 7, 2017criminal-law

Extinguishment OF Criminal Liability Death OF THE Accused Pending Appeal

Jun 7, 2017criminal-lawdrugschain-of-custodyra-9165buy-bustsupreme-court

Upholding Conviction Despite Procedural Lapses in Chain of Custody in Drug Cases

Supreme Court affirms drug sale conviction, ruling that minor chain of custody lapses do not automatically overturn a guilty verdict.

Jun 7, 2017criminal-law

Deceptive Recruitment Establishing Liability FOR Illegal Recruitment AND Estafa

Jun 7, 2017rapeforcible abductioncomplex crimecriminal lawrevised penal codesupreme court

When Forcible Abduction Is Absorbed by Rape: Key Ruling on Complex Crimes

The Supreme Court clarifies when forcible abduction with rape is actually simple rape, and explains the governing rules on victim testimony and damages.

Jun 7, 2017criminal-law

Protecting Children Parental Authority AND THE Crime OF Qualified Rape IN THE Philippines

Jun 7, 2017labor lawterminationloss of trust and confidencemanagerial employeesserious misconductlabor code

Breach of Trust in Employment: When Can an Employer Validly Terminate an Employee

The Supreme Court clarifies the rules on dismissing managerial and fiduciary employees for loss of trust and confidence under the Labor Code.

Jun 7, 2017local autonomypolice powerwater codenwrbordinancelocal government

Local Autonomy vs National Authority: The Limits of Police Power Over Water Resources

Supreme Court strikes down Batangas City ordinance requiring desalination plants, ruling LGUs cannot regulate water resources reserved to the NWRB.

Jun 7, 2017criminal-law

Protecting THE Vulnerable Upholding Convictions IN Cases OF Qualified Rape BY A Parent

Jun 7, 2017kidnappingillegal detentionextortionrobberyransomcriminal-law

Kidnapping for Ransom: When Illegal Detention Meets Extortion

The Supreme Court explains when detention becomes kidnapping for ransom and how continued demands for payment support a separate robbery charge.

Jun 7, 2017maritime lawseafarersdeath benefitspoea contractwillful actlabor law

Seafarers Willful ACT Determining Liability IN Maritime Death Benefit Claims

When a seafarer dies from a willful act like jumping overboard, employers may be exempt from death benefits under POEA rules.

Jun 7, 2017corporation lawstockholder rightsright to informationsec revocationcorporate recordscriminal liability

Stockholder Rights to Corporate Records Survive SEC Revocation, SC Rules

Supreme Court affirms that a stockholder's right to inspect corporate records continues even after SEC registration is revoked, upholding criminal liability of officers who refuse access.

Jun 7, 2017criminal-lawbuy-bustillegal drugschain of custodyra 9165

Entrapment vs Instigation: How Philippine Courts Treat Buy-Bust Operations

A Supreme Court ruling in a Cebu buy-bust case explains why presenting the police informant is not required and how chain of custody is weighed in drug cases.

Jun 7, 2017property lawright of wayjust compensationeminent domainpublic land actinfrastructure

Right of Way vs Just Compensation: Property Disputes in Infrastructure Projects

When government projects use private land, a pre-existing right of way can bar compensation claims. Learn the rules from a recent Supreme Court ruling.

Jun 6, 2017expropriationcapital gains taxeminent domainjust compensationproperty lawtaxation

Expropriation and Capital Gains Tax: Who Pays When Government Takes Property?

Supreme Court rules property owners, not the government, pay capital gains tax in expropriation cases. Learn the tax implications.

Jun 6, 2017dishonestypersonal data sheetprobationgovernment employmentjudicial ethicsadministrative case

The Duty to Disclose Probation and Honesty in Government Employment

A Supreme Court ruling on a court employee's failure to disclose a past conviction in his Personal Data Sheet, and the judge who recommended him.

Jun 6, 2017monetary boardcommission on auditdisallowanceextraordinary expensesgovernment officialsadministrative law

Monetary Board Members Liable for Unauthorized Extraordinary Expenses

Supreme Court holds Monetary Board members liable for disallowed EMEs received beyond GAA limits, rejecting good faith defense.

Jun 6, 2017grave misconductadministrative lawresignationcourt personnelpublic accountability

Resignation Not a Shield: Grave Misconduct and Accountability in Public Service

Supreme Court rules resignation does not erase administrative liability for grave misconduct, imposing perpetual disqualification and forfeiture of benefits.

Jun 6, 2017election-lawterm-limitscertificate-of-candidacycomeleclocal-government-codesupreme-court

Navigating Term Limits: Interruptions and Candidacy Eligibility in the Philippines

The Supreme Court clarifies the three-term limit rule, what counts as a full term, and the proper remedy for challenging a candidate's eligibility.