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显示第 5569–5592 篇,共 24,680 篇文章

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Feb 22, 2017administrative-lawnational-museumappointmentcivil-serviceboard-of-trusteesgovernment-corporations

Appointment Authority Under the National Museum Act: Clarifying the Board's Power

The Supreme Court clarifies that only the National Museum Board of Trustees may appoint directors under R.A. 8492, not the Chairman alone.

Feb 22, 2017criminal-lawhomicidemurdertreacheryevident-premeditationrevised-penal-code

Homicide vs Murder: When Treachery and Evident Premeditation Fail in Philippine Law

The Supreme Court explains when a killing is homicide, not murder, because treachery and evident premeditation were not proven.

Feb 22, 2017criminal lawconspiracyrobbery in bandrevised penal codesupreme court

Conspiracy by Presence: When Being in a Robbery Band Establishes Guilt

The Supreme Court explains how mere presence in a robbery band, with a weapon, can establish conspiracy and guilt beyond reasonable doubt.

Feb 22, 2017maritime-lawseafarer-disabilitypoea-seclabor-codepermanent-disability

Seafarer Disability Claims: Following POEA-SEC Procedures for a Valid Assessment

The Supreme Court clarifies when a seafarer's disability claim fails: premature filing and skipping the mandatory third-doctor referral under the POEA-SEC.

Feb 22, 2017banking lawdue diligencemortgagereal estateland banktorrens title

Due Diligence Defined: Banks' Responsibility in Mortgage Transactions

The Supreme Court clarifies that banks must exercise higher due diligence than ordinary lenders before accepting property as mortgage collateral.

Feb 22, 2017criminal lawhomicidetreacheryevident premeditationrevised penal codeself-defense

When a Sudden Stabbing Is Homicide, Not Murder: Lessons from People v. Macaspac

The Supreme Court explains when a sudden attack lacks treachery and evident premeditation, reducing murder to homicide.

Feb 22, 2017tax lawprescriptionfalse returnsbir assessmentvatnirc

Tax Assessment Falsity of Returns and the Ten-Year Prescriptive Period

When do false returns trigger the 10-year tax assessment period? The Supreme Court clarifies the rules on prescription and notice.

Feb 22, 2017administrative-lawlabor-lawillegal-dismissalloss-of-trustmanagerial-employeedue-diligence

Neglect of Duty: Reliance on Subordinates Does Not Excuse Lack of Due Diligence

Philippine Supreme Court ruling on managerial employees, loss of trust and confidence, and dismissal for breach of security protocols.

Feb 22, 2017tax exemptionfranchisephilippine airlinesexcise taxpd 1590supreme court

PAL Franchise Tax Exemption Survives Later Tax Laws: Supreme Court Ruling

The Supreme Court affirms PAL's excise tax exemption under PD 1590 despite RA 9334 and RA 9337 amendments.

Feb 21, 2017judicial appointmentsjudicial and bar councilexecutive powersandiganbayanconstitutional lawadministrative law

Executive Prerogative vs JBC Independence: Defining the Scope of Judicial Appointments in the Philippines

The Supreme Court ruled that the JBC's clustering of nominees for simultaneous vacancies is unconstitutional, as it impairs the President's appointing power.

Feb 21, 2017grave misconductcourt personneladministrative casecode of conductdismissal from service

Court Personnel Dismissed for Grave Misconduct in Fee-Fixing Scandal

Supreme Court dismisses court employee for grave misconduct—soliciting fees from litigants and unauthorized withdrawal of publication fees.

Feb 21, 2017administrative lawgrave misconductcivil servicesupreme courtnegligencegovernment employees

Digging for Trouble: When Unauthorized Excavation Leads to Dismissal

Supreme Court rules on grave misconduct for court employees who dug for hidden treasure inside the SC compound in Baguio.

Feb 21, 2017judicial appointmentsjudicial and bar councilconstitutional lawappointing powersandiganbayan

Judicial Appointments: The President's Prerogative vs the JBC's Mandate

The Supreme Court ruled that the JBC's clustering of nominees for judicial vacancies is unconstitutional, affirming the President's appointing power.

Feb 21, 2017judicial ethicsadministrative lawombudsmanimpartialitygross ignorance of lawsupreme court

Integrity Under Scrutiny: Ombudsman's Duty to Uphold Impartiality in Internal Investigations

The Supreme Court reminds judges that impartiality and diligence are non-negotiable, even in internal administrative matters.

Feb 20, 2017criminal-lawchain-of-custodyra-9165drug-offensesevidencesupreme-court

Chain of Custody Safeguarding Drug Evidence Integrity in Philippine Law

Philippine Supreme Court acquits drug suspect over broken chain of custody, underscoring strict Section 21 RA 9165 compliance.

Feb 20, 2017project employmentregular employmentlabor lawillegal dismissalconstruction industrysecurity of tenure

Project Employment vs Regular Employment: What Philippine Law Says

Philippine Supreme Court clarifies when construction workers are project employees and not regular employees, and what this means for termination rights.

Feb 20, 2017chain of custodydangerous drugsra 9165buy-bust operationacquittalcriminal procedure

Chain of Custody Breaks Lead to Acquittal in Drug Case: People v. Ismael

Supreme Court acquits drug suspect where police failed to mark seized shabu immediately and observe Section 21 safeguards.

Feb 19, 2017civil lawjurisdictionbreach of contractdamagessupreme courtbp 129

Breach of Contract vs. Damages: How Philippine Courts Determine Jurisdiction

Philippine courts determine jurisdiction by the primary relief sought, not the complaint's label. Learn how the Supreme Court clarified this in a landmark ruling.

Feb 15, 2017criminal-lawrapeforce-threat-intimidationarticle-266-asupreme-courtacquittal

Acquittal in Rape Case: The Crucial Role of Force, Threat or Intimidation

The Supreme Court acquitted a rape accused because the prosecution failed to prove force, threat, or intimidation, a required element of rape.

Feb 15, 2017civil-procedurejurisdictioncivil-serviceappealvoid-judgmentsupreme-court

When Courts Overstep: The Right to Appeal Void Judgments in Civil Service Cases

Supreme Court clarifies that void judgments never become final, preserving the right to appeal when courts lack jurisdiction over civil service disputes.

Feb 15, 2017psychological incapacityfamily codeannulmentarticle 36supreme courtmarriage

Psychological Incapacity vs Marital Discord: When Infidelity and Irresponsibility Do Not Nullify a Marriage

The Supreme Court clarifies that marital discord, infidelity, and irresponsibility do not automatically amount to psychological incapacity under Article 36 of the Family Code.

Feb 15, 2017agrarian reformjust compensationexhaustion of administrative remediesdarland banksupreme court

Judicial Immunity and the Exhaustion of Administrative Remedies in Agrarian Compensation Cases

The Supreme Court clarifies when landowners may directly sue for just compensation despite the exhaustion of administrative remedies doctrine.

Feb 15, 2017labor-lawillegal-dismissalburden-of-proofbreach-of-trustprocedural-rulessupreme-court

Breach of Trust vs Burden of Proof: Employee Rights in Dismissal Cases

A Supreme Court ruling on appeal periods clarifies how dismissal cases are reviewed and why procedural rules matter.

Feb 15, 2017legal ethicsdisbarmentconfidentialityfreedom of expressioncontemptsupreme court

When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case

The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.