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显示第 6121–6144 篇,共 24,689 篇文章

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Jul 12, 2016bailconstitutional lawcriminal proceduresandiganbayanhumanitarian considerationsright to liberty

Bail and Humanitarian Considerations: Balancing Constitutional Rights and Individual Circumstances

The Supreme Court affirms that bail may be granted on humanitarian grounds, weighing an accused's health and flight risk against constitutional rights.

Jul 12, 2016legal ethicsbar admissionidentity theftdisbarmentsupreme courtintegrated bar of the philippines

Identity Theft in the Legal Profession: Striking a Fraudulent Attorney From the Roll

A man used his brother's identity to pass the Bar. The Supreme Court struck the name from the Roll and barred him forever.

Jul 12, 2016administrative-lawexhaustion-of-administrative-remediesmandamuscivil-service-commissionjurisprudence

Exhaustion of Administrative Remedies: When Courts Can Intervene

The Supreme Court explains when failure to exhaust administrative remedies is fatal to a court case, using the Mohammad v. Belgado-Saqueton ruling.

Jul 12, 2016labor-lawgovernment-employeessalary-standardization-lawcommission-on-auditemployee-benefits

Diminution of Benefits: Government Employees and Contractual Bonuses Clarified

Supreme Court clarifies when government employees may keep contractual bonuses like the 14th month pay, and the limits of non-diminution.

Jul 12, 2016legal ethicsattorney suspensioncode of professional responsibilityclient fundsmisappropriation

Upholding Client Trust: Attorney Suspended for Misappropriating Funds and Neglecting Legal Duty

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.

Jul 11, 2016labor-lawillegal-dismissalloss-of-confidenceterminationjurisprudence

Loss of Confidence as a Dismissal Ground: When Employers Cannot Claim It

The Supreme Court clarifies that loss of confidence cannot be a simulated or afterthought ground for dismissing a managerial employee.

Jul 11, 2016agrarian reformland retentionpresidential decree 27tenant protectiongood faith buyerproperty law

Land Retention Rights and Good Faith in Agricultural Land Sales: Key Lessons

The Supreme Court clarifies when a buyer of tenanted rice or corn land can claim retention rights under PD 27 and agrarian reform laws.

Jul 11, 2016agrarian reformcivil procedurejust compensationland bankrule 42special agrarian court

Wrong Appeal Mode in Agrarian Cases: When Procedural Lapses Prove Fatal

The Supreme Court clarifies that appeals from agrarian courts must use Rule 42 petitions, not ordinary appeals, or the decision becomes final.

Jul 11, 2016labor-lawillegal-dismissalloss-of-confidenceterminationlabor-code

Loss of Confidence as a Ground for Dismissal: When Employers Cannot Use It as a Subterfuge

The Supreme Court clarifies that loss of confidence cannot be simulated or used as a subterfuge to justify an illegal dismissal.

Jul 11, 2016labor lawterminationdue processnominal damagesjust causeemployment

Due Process in Employment Termination: Balancing Cause and Procedure

The Supreme Court clarifies that dismissals with just cause remain valid even without procedural due process, but employers must pay nominal damages.

Jul 11, 2016civil lawdamagesexemplary damagesattorney's feessupreme court

Exemplary Damages Require Underlying Compensatory Awards: Spouses Timado v. Rural Bank of San Jose

Supreme Court clarifies that exemplary damages cannot stand alone—they require an underlying award of compensatory damages.

Jul 11, 2016labor-lawprocedural-rulesappeal-deadlinefinality-of-judgmentillegal-dismissalsupreme-court

Untimely Appeal: The High Cost of Missed Deadlines in Labor Disputes

A missed 15-day deadline to appeal a Court of Appeals ruling proved fatal for an employer, showing why procedural rules matter.

Jul 11, 2016labor-lawillegal dismissaldue processtwo-notice rulenominal damagestermination

Just Cause vs. Due Process: When a Valid Dismissal Still Costs the Employer

A valid dismissal for just cause does not erase the employer's duty to observe procedural due process. The Supreme Court explains the two-notice rule and nominal damages.

Jul 11, 2016civil-lawinterestfinal-judgmentimmutabilityexecutionsupreme-court

Final Judgment Immutability: No Compound Interest Without Explicit Decree

A final judgment cannot be modified during execution. Compounded interest requires an express decree, not mere inference from law.

Jul 11, 2016banking-lawdocumentary-stamp-taxinterbank-call-loanstaxationsupreme-courtphilippine-national-bank

Interbank Call Loans and Documentary Stamp Tax: Clarifying Taxable Instruments in the Philippines

Supreme Court clarifies that interbank call loans are not subject to documentary stamp tax under the NIRC.

Jul 11, 2016criminal-law

Protecting Minors Conviction Upheld IN Child Abuse AND Qualified Rape Case

Jul 11, 2016disbarmentcitizenshipcollateral attackcode of professional responsibilitysupreme courtlegal ethics

Citizenship Dispute in Disbarment Case Dismissed for Lack of Direct Attack

Disbarment case dismissed because citizenship cannot be attacked collaterally; direct action required.

Jul 7, 2016banking lawmanager's checkforgerynegligenceland bankcivil law

Banks' Duty of Utmost Diligence: Liability for Forged Manager's Checks

When a bank clears a counterfeit manager's check bearing its own officers' forged signatures, it bears the loss—not the depositor.

Jul 7, 2016criminal lawdrug casesreasonable doubtchain of custodyra 9165evidence

Reasonable Doubt in Drug Cases: The Need for Clear Identification of Evidence

Philippine Supreme Court clarifies that in drug cases, the identity of the seized item must be proven beyond reasonable doubt, not just presumed.

Jul 7, 2016speedy dispositionombudsmansandiganbayancriminal procedureconstitutional rightsanti-graft

Safeguarding Speedy Trial Rights Dismissal FOR Prolonged Delays IN Ombudsman Cases

The Supreme Court clarifies when prolonged Ombudsman delays violate the constitutional right to speedy disposition of cases.

Jul 7, 2016civil-procedure

Finality Doctrine VS Execution OF Costs Understanding THE Limits OF Legal Remedies

Jul 6, 2016quieting of titleannulment of titleproperty disputescertificate of titlecivil law

Quieting Title vs. Annulment of Title: Key Lessons from Guntalilib v. Dela Cruz

The Supreme Court clarifies when a quieting-of-title action is actually an annulment of title, and why substance prevails over form.

Jul 6, 2016property lawquieting of titleannulment of titleland disputescivil procedurecertificate of title

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.