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显示第 6097–6120 篇,共 24,689 篇文章

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Jul 20, 2016forum shoppingadministrative lawombudsmangrave misconductgovernment procurement

Forum Shopping in Administrative Cases: Dismissal Based on Identical Allegations

When do separate administrative complaints become forum shopping? The Supreme Court explains the rules on identical allegations and dismissal.

Jul 20, 2016civil-law

Eviction and Land Use: Clarifying Need and Notice in Property Repossession

The Supreme Court clarifies the requirements for ejectment under the Rental Law, including the three-month notice rule and what counts as an for the owner's family use.

Jul 20, 2016labor-lawterminationbreach-of-trustdue-processmanagerial-employeesupreme-court

Breach of Trust as Ground for Employee Dismissal: What Philippine Law Requires

Learn when loss of trust and confidence justifies employee dismissal in the Philippines, based on the Supreme Court's ruling in Celiz v. Cord Chemicals.

Jul 20, 2016criminal-lawrapeburden-of-proofchild-abuseevidencesupreme-court

Rape and the Burden of Proof: Protecting Victims in Abuse Cases

A Supreme Court ruling on rape clarifies the burden of proof, qualifying circumstances, and why child victims' testimony carries great weight.

Jul 20, 2016corporate lawapparent authoritycorporation by estoppelcontractsobligationsschool liability

Corporate Liability When a School President's Actions Bind the Institution

When does a school president's act bind the corporation? The Supreme Court explains apparent authority and corporate liability in Georg v. Holy Trinity College.

Jul 20, 2016labor lawconstructive dismissalvoluntary resignationemployee rightsretirement benefitsmanagement prerogative

Voluntary Resignation vs Constructive Dismissal: What Employees Must Prove

Philippine Supreme Court clarifies the burden of proof in constructive dismissal claims involving voluntary resignation and retirement.

Jul 19, 2016election lawdisqualificationfugitive from justicecomeleclocal government code

Fugitive From Justice Ruling: Intent to Evade Must Be Proven for Disqualification

Supreme Court explains what makes a candidate a "fugitive from justice" and why intent to evade prosecution must be proven.

Jul 19, 2016administrative-law

Upholding Integrity Disbarment FOR Lawyers Misconduct AND Attempted Bribery

Jul 19, 2016legal ethicscode of professional responsibilityattorney suspensiondisbarmentlawyer's oathprofessional responsibility

Attorney Suspended Five Years for Deceitful Conduct and Breach of Professional Responsibility

Lawyer suspended five years for deceiving clients into paying P350,000 for a property redemption she never processed, violating the Lawyer's Oath and Rule 1.01.

Jul 18, 2016criminal lawrevised penal codecriminal liabilitydeath of accusedarticle 89

Extinguishment of Criminal Liability: Death Before Final Judgment in Philippine Law

Philippine Supreme Court clarifies when death extinguishes criminal and civil liability, applying Article 89 of the Revised Penal Code.

Jul 18, 2016search warrantrule 126territorial jurisdictioncriminal proceduresupreme court

Search Warrants Beyond Territorial Limits: Compelling Reasons Under Rule 126

When may a judge issue a search warrant outside his court's territorial jurisdiction? The Supreme Court explains "compelling reasons" under Rule 126.

Jul 18, 2016criminal lawdangerous drugschain of custodyra 9165buy-bust operationevidence

Upholding Drug Convictions: The Chain of Custody Rule Under RA 9165

The Supreme Court affirms a drug conviction, clarifying that substantial compliance with the chain of custody rule preserves evidence integrity.

Jul 18, 2016search warrantcriminal procedurerule 126territorial jurisdictioncompelling reasonsprobable cause

Search Warrants and Territorial Jurisdiction: When Compelling Reasons Allow Filing Outside the Crime Scene

The Supreme Court clarifies when compelling reasons justify filing a search warrant application outside the territorial jurisdiction of the crime.

Jul 13, 2016maritime lawseafarers death benefitspoea-secsolidary liabilitylimited liability ruleinsurance

Maritime Law Shipowner Liability and Seafarers Death Benefits: Insurance and Solidary Obligations Explained

The Supreme Court clarifies shipowner liability, POEA-SEC death benefits, insurance proceeds, and solidary obligations in Phil-Nippon Kyoei v. Gudelosao.

Jul 13, 2016criminal-lawrobbery-with-homicideevidenceextrajudicial-confessioncircumstantial-evidencerevised-penal-code

Confessions and Circumstantial Evidence Upholding Convictions in Robbery With Homicide Cases

Supreme Court explains when a confession to a reporter is admissible and how circumstantial evidence can prove robbery with homicide.

Jul 13, 2016probable causeillegal detentioncriminal procedurewarrant of arrestnapoles case

Probable Cause and Illegal Detention: Effect of a Subsequent Conviction

The Supreme Court ruled that a conviction for serious illegal detention moots any challenge to the finding of probable cause and the arrest warrant.

Jul 13, 2016labor lawcollective bargainingunfair labor practicegood faithsupreme courtcba

Good Faith in Collective Bargaining: Philippine Rule on Fair Labor Practices

Philippine Supreme Court clarifies good faith bargaining duties, unfair labor practice, and when strikes are justified in CBA negotiations.

Jul 13, 2016criminal-lawrapecredibility-of-witnessesdelayed-reportingrevised-penal-codesupreme-court

Rape Conviction Affirmed: Victim Credibility and Delayed Reporting in Philippine Law

Supreme Court affirms rape conviction, ruling that a victim's credible testimony outweighs claims of improbability and delayed reporting.

Jul 13, 2016criminal lawdrug caseschain of custodyreasonable doubtra 9165evidence

Reasonable Doubt and the Integrity of Evidence in Drug Cases: People v. Reniedo

Explore how the Supreme Court acquitted an accused in a drug case due to broken chain of custody and non-compliance with RA 9165.

Jul 13, 2016civil-proceduresummary-judgmentquestions-of-lawrule-41rule-45appeal

Appeal Dismissed Understanding Questions OF LAW VS Questions OF Fact IN Summary Judgments

The Supreme Court clarifies the distinction between questions of law and fact in appeals from summary judgments, and the proper remedy.

Jul 13, 2016criminal lawchain of custodydangerous drugsra 9165buy-bust operationacquittal

Chain of Custody Safeguarding Rights in Drug Cases

The Supreme Court acquits a drug suspect due to broken chain of custody and non-compliance with Section 21, RA 9165.

Jul 13, 2016labor lawindependent contractorright of controlemployer-employee relationshipillegal dismissal

Independent Contractor vs Employee: The Right of Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the right of control test distinguishing independent contractors from employees in Valeroso v. Skycable.

Jul 12, 2016legal ethicscode of professional responsibilitylawyer suspensionbreach of trustadministrative case

Lawyer Suspended for Breach of Trust: Neglecting Client's Case and Withholding Funds

Philippine Supreme Court suspends lawyer for three years for failing to file a client's case and refusing to return P65,000 in entrusted funds.

Jul 12, 2016legal ethicsattorney suspensionclient fundscode of professional responsibilityadministrative case

Attorney Suspended Three Years for Misappropriating Client Funds

Supreme Court suspends lawyer for three years for failing to file a case and refusing to return client's P65,000, reinforcing trust obligations.