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显示第 6577–6600 篇,共 24,697 篇文章

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Jan 13, 2016estafacriminal lawbreach of trustcommission agreementrevised penal codemisappropriation

Breach of Trust When a Commission Agreement Leads to Criminal Liability for Estafa

When does failing to remit sales proceeds become estafa, not just debt? The Supreme Court explains in Cheng v. People.

Jan 13, 2016labor-only contractingemployer-employee relationshiplabor codejob contractingworkers rights

Labor-Only Contracting: Identifying the True Employer and Protecting Workers' Rights

The Supreme Court clarifies who the true employer is in labor-only contracting arrangements, protecting workers' rights under Philippine law.

Jan 13, 2016partnership lawcivil procedureexecution of judgmentsolidary liabilitydue processphilippine supreme court

When Can a Partner’s Personal Assets Be Seized for Partnership Debts?

Philippine Supreme Court ruling on when a partner’s personal assets may be seized for partnership debts, and the due process required.

Jan 13, 2016chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters

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

Jan 13, 2016civil lawlease contractrescissionobligations and contractssupreme courtcommercial leasing

Extrajudicial Rescission of Lease Contracts: What Philippine Law Allows

Philippine Supreme Court clarifies when a lessor may extrajudicially rescind a lease contract without court approval, and the risks involved.

Jan 13, 2016hearsay ruletraffic accident reportinsurance subrogationevidencecivil procedure

Hearsay on the Highway: When a Traffic Report Cannot Prove Fault in Damage Claims

A traffic accident report based only on an eyewitness's account is hearsay. Learn how this affects insurance subrogation claims.

Jan 12, 2016contract lawdeed of absolute saleconsiderationvoid contractcivil codereal estate

Unpaid Purchase Price: When a Deed of Absolute Sale Is Void for Lack of Consideration

A deed of sale without actual payment is void from the start. Learn the Supreme Court's ruling and key lessons.

Jan 12, 2016administrative-law

Second Chances IN Public Service When CAN Dismissal BE Replaced With Suspension

Jan 12, 2016election-lawmandamushouse-of-representativescomelecdisqualificationcertificate-of-candidacy

Mandamus and the House Speaker's Duty to Seat a Duly Proclaimed Representative

When can the Supreme Court compel the House Speaker to seat a representative? The Velasco ruling explains the ministerial duty after disqualification.

Jan 12, 2016agrarian reformland conversiondarfinality of judgmentcarpproperty law

Land Conversion Disputes and the Finality of Agrarian Reform Decisions

The Supreme Court affirms that final and executory DAR conversion orders may no longer be questioned, especially on issues first raised on appeal.

Jan 12, 2016administrative-lawcommission-on-auditinternal-auditpublic-accountabilitygovernment-fundsdisallowance

Accountability in Public Service: Internal Auditors' Duty to Prevent Misuse of Funds

Supreme Court ruling on internal auditors' liability for government fund losses, explaining due diligence standards under COA rules.

Jan 12, 2016sharia lawmuslim divorcechild custodydue processpresidential decree 1083family law

Custody Rights in Muslim Divorce: Balancing Shari’a Law and Due Process

The Supreme Court clarifies jurisdiction and due process in custody disputes arising from Muslim divorce under P.D. 1083.

Jan 12, 2016legal ethicscode of professional responsibilitydisbarmentcompromise agreementfiduciary dutyattorney's fees

Upholding Client Trust Attorney Disbarred FOR Unauthorized Compromise AND Misappropriation OF Funds

A lawyer who compromised a client's case without authority and misused funds for docket fees was disbarred by the Supreme Court.

Jan 11, 2016arbitrationcontract-lawra-9285nomineealternative-dispute-resolutionsupreme-court

When Arbitration Clauses Bind Non-Signatories: Nominees and Related Contracts

Philippine Supreme Court ruling on when arbitration clauses extend to nominees and subsequent related agreements under RA 9285.

Jan 11, 2016illegal dismissalreturn-to-workbackwageslabor lawphilippine airlinesreinstatement

When Return-to-Work Orders Clash with Employee Rights: The Philippine Airlines Illegal Dismissal Case

A look at the Supreme Court's ruling on return-to-work orders, backwages, and the limits of reinstatement in illegal dismissal cases.

Jan 11, 2016mortgagecivil lawpactum commissoriuminterest ratesforeclosuresupreme court

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Jan 11, 2016criminal-lawhomicideindeterminate-sentencerevised-penal-codecivil-damagessupreme-court

Arbitrary Penalty Imposition Justification Required FOR Maximum Sentences

Trial courts must justify imposing the maximum penalty within a period; otherwise, the lowest penalty applies, as ruled in Ladines v. People.

Jan 11, 2016civil-procedureformal-offer-of-evidenceextension-of-timesandiganbayanill-gotten-wealthsubstantial-justice

Motion for Extension of Time: Balancing Strict Rules and Substantial Justice

Philippine Supreme Court ruling on when courts should relax procedural rules on formal offer of evidence to serve substantial justice.

Jan 11, 2016labor-lawillegal-dismissaloverseas-filipino-workersvoluntary-resignationquitclaimofw-rights

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers' Rights

The Supreme Court clarifies when an OFW's resignation is truly voluntary, and what evidence is needed to prove illegal dismissal.

Jan 11, 2016oral defamationslanderfreedom of speechcriminal lawrevised penal codesupreme court

From Grave to Slight: Oral Defamation and Free Speech in the Philippines

The Supreme Court clarifies when insulting words rise to grave or slight oral defamation, balancing free speech with protecting reputation.

Jan 11, 2016appellate reviewrule 45homicideindeterminate sentencecivil damagessupreme court

Navigating Factual Disputes: The Supreme Court's Stance on Appellate Review

The Supreme Court clarifies when appellate courts may review factual findings and correct arbitrary penalties in homicide convictions.

Jan 11, 2016chain of custodydangerous drugsra 9165buy-bust operationcriminal procedureevidence

Chain of Custody in Drug Cases: When Broken Links Mean Acquittal

Philippine Supreme Court acquits drug suspect where prosecution failed to prove unbroken chain of custody of seized shabu under RA 9165.

Jan 11, 2016reckless imprudencecriminal lawtrafficduty of carearticle 365overtaking

Reckless Driving and the Duty of Care: What Senit v. People Means for Motorists

The Supreme Court affirms that overtaking another vehicle demands a high degree of care, and explains when trial in absentia is valid.

Jan 11, 2016civil lawobligations and contractssalesbreach of contractdivisibilityrescission

Divisibility of Contractual Obligations and Remedies for Breach in Philippine Sales Contracts

Philippine Supreme Court ruling on divisible vs. indivisible obligations in sales contracts and remedies upon breach.