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显示第 6241–6264 篇,共 24,691 篇文章

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Jun 8, 2016civil-lawpartitionestate-settlementco-ownershiprules-of-courtheirs

Heirs Discord Upholding Partition Rights In Estate Disputes

The Supreme Court affirms that no co-heir may be forced to remain in co-ownership, and explains strict rules on appeals.

Jun 8, 2016immutability of judgmentsagrarian reformjust compensationlegal interestland bank

Immutability of Judgments: When Final Decisions Stand Firm

Explaining the immutability of judgments through LBP v. Hababag, Sr., where the Supreme Court denied reconsideration and clarified interest rules.

Jun 8, 2016administrative-law

Water Rights AND Corporate Counsel Ensuring Regulatory Compliance IN Water USE

Jun 8, 2016criminal-lawdangerous-drugsra-9165buy-bust-operationillegal-saleillegal-possession

Illegal Drug Sale Conviction Requires Consummated Transaction, Says SC

SC affirms drug sale and possession conviction, explaining what makes a buy-bust transaction consummated under RA 9165.

Jun 8, 2016legal ethicssuspension from practicecode of professional responsibilitysupreme courtadministrative caseprosecutors

Practicing Law While Suspended: When Disobeying a Suspension Order Leads to More Penalties

A lawyer who continued working as a prosecutor while suspended faced an additional six-month suspension. Learn the rules on complying with disciplinary orders.

Jun 8, 2016boundary disputeslocal government codesangguniang panlalawiganregional trial courtjurisdictionlgu

Boundary Disputes Between LGUs: When the RTC Can Take Jurisdiction

The Supreme Court clarifies when courts may hear LGU boundary disputes even without prior sanggunian settlement.

Jun 8, 2016labor lawillegal dismissallabor-only contractingsecurity of tenurephilippine airlinesretrenchment

Philippine Airlines v. Ligan: When Contracting Arrangements Hide Labor-Only Contracting

Supreme Court affirms that PAL illegally dismissed workers hired through a labor-only contractor, reinforcing security of tenure protections.

Jun 8, 2016criminal procedureoffice of the solicitor generalappealcriminal lawphilippine supreme court

Who Represents the People? The Solicitor General's Exclusive Authority in Criminal Appeals

A Supreme Court ruling clarifies that only the Office of the Solicitor General may appeal criminal cases, not private complainants.

Jun 8, 2016labor-lawillegal-dismissalvoluntary-resignationcorporate-restructuringemployer-employee-relationshippierce-corporate-veil

Voluntary Resignation vs Illegal Dismissal: Employee Rights in Corporate Restructuring

When does a resignation become involuntary? Learn how the Supreme Court distinguishes voluntary resignation from illegal dismissal in corporate transfers.

Jun 8, 2016qualified theftcircumstantial evidencecriminal lawrevised penal codegrave abuse of confidence

Qualified Theft Conviction Upheld: When Circumstantial Evidence Proves Guilt Beyond Doubt

The Supreme Court affirms a qualified theft conviction based on circumstantial evidence, explaining when such evidence suffices to prove guilt.

Jun 8, 2016statutory-rapechild-abusecriminal-lawsupreme-courtreclusion-perpetuarape

Betrayal of Trust: Supreme Court Upholds Conviction in Father-Daughter Rape Case

The Supreme Court affirms the conviction of a father for statutory rape of his 9-year-old daughter, clarifying the rules on alibi, denial, and damages.

Jun 8, 2016estafacriminal lawdeceitfalse pretenserevised penal code

When Selling Another’s Property Is Not Estafa: The Ison Case

The Supreme Court explains when a false claim of ownership does not amount to estafa, and why the prosecution must prove deceit beyond reasonable doubt.

Jun 8, 2016administrative-law

Water Rights AND Regulatory Authority Upholding Nwrbs Power TO Deny Water Permits FOR Code Violations

Jun 8, 2016estafacriminal lawreasonable doubtcontract to sellphilippine jurisprudence

Misrepresentation in a Contract to Sell Does Not Automatically Mean Estafa

The Supreme Court acquitted a seller of estafa despite a false claim of ownership, showing that not every misrepresentation in a contract is a crime.

Jun 7, 2016estafacriminal lawreasonable doubtrevised penal codesupreme courtunjust enrichment

Estafa Acquittal: When Lack of Proof of Deceit and Reliance Wins the Case

A look at Ison v. People, where the Supreme Court acquitted an accused of estafa for failure to prove deceit and reliance beyond reasonable doubt.

Jun 6, 2016hlurbindirect contempthousing disputesreal estate lawexecution proceedingsquasi-judicial agencies

HLURB Contempt Powers: When to File Indirect Contempt in Housing Disputes

Learn when to file indirect contempt before the HLURB rather than the Supreme Court, based on Spouses Trinidad v. Fama Realty.

Jun 6, 2016civil lawtorrens titleland registrationrule 108pd 1529property registration

Correcting a Title’s Civil Status: When a Full Court Hearing Is Required

A Supreme Court ruling clarifies when changing a name or marital status on a Torrens title needs a full adversarial hearing, not summary correction.

Jun 6, 2016labor-lawillegal-dismissaljudicial-reviewnlrcemployer-prerogativeslabor-code

Judicial Review in Illegal Dismissal: Balancing Labor Rights and Employer Prerogatives

The Supreme Court clarifies the CA's power to review NLRC factual findings in illegal dismissal cases, emphasizing substantial evidence over technicalities.

Jun 6, 2016administrative lawpublic servicemisconductombudsmancivil servicegovernment liability

Accountability in Public Service: Defining Misconduct and the Limits of Official Liability

The Supreme Court clarifies the distinction between grave and simple misconduct for public officials, and the limits of their liability.

Jun 6, 2016forum shoppingpreliminary mandatory injunctionpossessory rightsproperty lawcivil procedure

Forum Shopping and Preliminary Mandatory Injunctions in Property Disputes

Philippine Supreme Court clarifies forum shopping rules and possessory rights under the Civil Code in property disputes.

Jun 6, 2016tax evasionprobable causebureau of internal revenuepreliminary investigationnational internal revenue code

Tax Evasion and Probable Cause: BIR v. Manila Home Textile Explained

The Supreme Court clarifies the standard of probable cause in tax evasion cases and the burden on the BIR in preliminary investigations.

Jun 6, 2016criminal-law

Overcoming Silence THE Admissibility OF Delayed Rape Reports IN Incestuous Abuse Cases

Jun 6, 2016administrative-lawgrave-misconductsimple-misconductcivil-serviceombudsmanpublic-officers

Defining Misconduct in Public Service: The Faller Case on Administrative Liability

The Supreme Court clarifies the distinction between simple and grave misconduct in public service, and when receiving funds without proper documentation becomes an administrative offense.

Jun 6, 2016maritime lawseafarersdisability benefitspoea standard contractlabor law

Seafarer Disability Claims: Why Timely Assessment by the Company Doctor Matters

If a company-designated doctor fails to assess a seafarer's fitness within 240 days from repatriation, the seafarer is deemed totally and permanently disabled.