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显示第 6193–6216 篇,共 24,690 篇文章

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Jun 22, 2016rapestatutory rapecriminal lawchild testimonyqualified rapesupreme court

When a Child Victim’s Sole Testimony Suffices to Convict in Rape Cases

The Supreme Court affirms a qualified rape conviction based on the credible, consistent testimony of a four-year-old victim, explaining when a sole account is enough.

Jun 21, 2016land disputesrelocation surveyquieting of titleproperty boundariestorrens title

Relocation Surveys in Land Disputes: Why Precise Boundaries Matter

When land titles conflict, courts order relocation surveys to settle boundary disputes. Learn the rules and practical lessons.

Jun 21, 2016administrative lawdue processcommission on auditright to be heardgovernment accountabilityadministrative proceedings

Due Process in Administrative Proceedings: The Right to Be Heard Before Liability Is Imposed

The Supreme Court reaffirms that administrative due process requires a real opportunity to be heard before liability is imposed, not just a motion for reconsideration.

Jun 21, 2016writ of amparoenforced disappearanceextraordinary diligencehuman rightsconstitutional lawinvestigation

The Lingering Shadow: When Incomplete Investigations Fail to Protect Rights

The Supreme Court's 2016 ruling in Balao v. Ermita shows how the writ of amparo keeps investigations alive when rights remain unprotected.

Jun 21, 2016civil-procedure

Jurisdiction Over Annulment OF Judgments Defining THE Boundaries OF THE Court OF TAX Appeals Authority

Jun 21, 2016legal ethicslawyer disciplinecode of professional responsibilitysuspensionintegrated bar of the philippines

Lawyer Suspended Five Years for Dishonest Land Deal and Disregard of Court Orders

Supreme Court suspends lawyer for five years for deceiving a seller in a land deal and ignoring court and IBP orders.

Jun 20, 2016labor-only contractinglabor codecontractoremployer liabilityunfair labor practice

Labor-Only Contracting: When a Principal Becomes the True Employer

The Supreme Court clarifies when a contractor is merely a labor-only contractor and who may question that arrangement.

Jun 20, 2016agrarian reformcivil proceduresubstantial justicedarabcloasupreme court

Balancing Technical Rules and Substantial Justice in Agrarian Reform: A Case Analysis

The Supreme Court reminds courts that procedural rules should serve, not override, substantial justice in agrarian reform cases.

Jun 20, 2016documentary stamp taxtax refundbirmetering machineprescriptionphilippine bank of communications

Documentary Stamp Tax: When the Refund Period Starts for Metered Payments

Philippine Bank of Communications v. CIR clarifies when the two-year DST refund period begins for metered stamp users.

Jun 20, 2016judicial stabilitycivil procedureco-equal courtsjurisdictionexecution of judgments

Judicial Stability: Why Co-Equal Courts Cannot Interfere With Each Other's Judgments

Philippine Supreme Court explains the doctrine of judicial stability, barring co-equal courts from interfering with each other's orders and judgments.

Jun 20, 2016labor-lawserious-misconductillegal-dismissalterminationjust-causesubstantial-evidence

Misconduct in the Workplace: Defining the Boundaries of Trust and Employment

Philippine Supreme Court ruling clarifies when serious misconduct justifies dismissal and the evidentiary standard employers must meet.

Jun 20, 2016unlawful detainerprescriptionejectmentdemand to vacateforcible entryreal estate law

Demand Is Key: Prescription in Unlawful Detainer and Mortgage Foreclosure Contexts

When does the one-year period to file unlawful detainer start? The Supreme Court clarifies the rule on demand and prescription.

Jun 20, 2016taxationdue processcourt of tax appealsdeficiency assessmentsurety bondtaxpayer rights

Taxation and Due Process: Balancing Government Power and Taxpayer Rights in Deficiency Assessments

The Supreme Court clarifies when the CTA may require a surety bond to suspend tax collection, protecting taxpayer rights.

Jun 20, 2016civil-lawpossessiongood-faithland-disputescivil-codesupreme-court

Good Faith Possession Determining Rights AND Obligations IN Land USE Disputes

Philippine Supreme Court clarifies how good faith possession affects rights and obligations in land use disputes, citing Civil Code provisions.

Jun 20, 2016unlawful detainerejectmentprescriptioncivil lawrule 70possession

Unlawful Detainer: Why Timely Action and Consistent Claims Matter

Learn how the Supreme Court in Reyes v. Heirs of Forlales clarified the one-year rule in unlawful detainer cases and the limits of mere tolerance.

Jun 20, 2016tax lawcourt of tax appealstax collectionsurety bonddue process

Tax Suspension Bonds: When the CTA Must Hear the Taxpayer First

The Supreme Court clarifies when the Court of Tax Appeals may require a bond to suspend tax collection, and why a preliminary hearing is essential.

Jun 20, 2016documentary stamp taxtax refundprescriptioncourt of tax appealsbirphilippine bank of communications

Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR

When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.

Jun 15, 2016res judicataagrarian reformdarabcivil lawpartitionjurisdiction

Res Judicata in Agrarian Disputes: Identity of Parties and Causes of Action

When does a DARAB ruling bar a court case? The Supreme Court clarifies the requisites of res judicata, especially identity of parties and causes of action.

Jun 15, 2016civil-proceduredepositionrules-of-courtdiscoverydue-processsupreme-court

Depositions Abroad: Balancing Convenience and Due Process in Philippine Civil Suits

The Supreme Court clarifies when a foreign plaintiff residing abroad may take deposition outside the Philippines for direct testimony in a Philippine civil case.

Jun 15, 2016labor-lawconstructive-dismissalpreventive-suspensionemployee-rightsillegal-dismissal

Indefinite Preventive Suspension Is Constructive Dismissal: Employee Rights in the Philippines

The Supreme Court rules that an indefinite preventive suspension beyond 30 days amounts to constructive dismissal, entitling the employee to backwages and separation pay.

Jun 15, 2016civil-lawquieting-of-titleequitable-titledeed-of-salepossessionproperty-law

Equitable Title Prevails: Understanding Ownership Through Deeds of Sale and Possession

Explore how the Supreme Court ruled that equitable title, not just a deed, determines ownership in quieting of title cases.

Jun 15, 2016forum shoppingcivil procedureannulment of judgmentcontempt of courtrule 47supreme court

Forum Shopping: Simultaneous Appeal and Annulment of Judgment Constitutes Abuse

Philippine Supreme Court rules that pursuing an appeal and a petition for annulment of judgment simultaneously constitutes forum shopping and may warrant contempt.

Jun 15, 2016breach of contractsurety bondconstruction lawcivil codedamagesreciprocal obligations

Breach of Contract and Surety Bonds: When Extensions Don't Discharge a Surety

A contractor's failure to complete works on time triggers liability for breach and its surety's bond, even when extensions are granted.

Jun 15, 2016administrative-lawprosecutorsdereliction-of-dutyra-6033indigentsgross-neglect

Dereliction of Duty and the Duty of Promptness in Resolving Cases Filed by Indigents

The Supreme Court clarifies when a prosecutor's delay in resolving an indigent's complaint amounts to gross neglect of duty.