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显示第 6673–6696 篇,共 24,698 篇文章

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Nov 25, 2015bailjudicial discretioncriminal procedurerule 114capital offense

Bail and Judicial Discretion: Limits in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may grant bail in capital offenses and the limits of judicial discretion in criminal cases.

Nov 25, 2015labor lawcompromise agreementrescissionillegal dismissalnlrcsupreme court

Rescission Rights When A Compromise Agreement Fails to Protect Labor Rights in the Philippines

When can workers rescind a compromise agreement? The Supreme Court clarifies rights under Article 2041 of the Civil Code.

Nov 25, 2015criminal-lawsolicitor-generalappealstandingestafarules-of-court

Only the Solicitor General Can Appeal Criminal Case Dismissals

Private complainants cannot appeal the dismissal of criminal cases; only the OSG may do so on behalf of the State.

Nov 25, 2015legal ethicsdilatory tacticsadministrative casecode of professional responsibilitylawyer discipline

Upholding Ethical Standards: An Attorney's Duty to Avoid Delaying Tactics in Legal Proceedings

The Supreme Court suspends a lawyer for three months for employing dilatory tactics, reaffirming the duty to avoid delaying legal proceedings.

Nov 23, 2015provisional remediespreliminary injunctionforum-shoppingvenuecivil procedure

Dismissal of Main Action Dissolves Ancillary Relief: Understanding Provisional Remedies in Philippine Law

When a main case is dismissed, what happens to the preliminary injunction it carried? The Supreme Court explains in United Alloy v. UCPB.

Nov 23, 2015annulment of judgmentfinality of judgmentjurisdictionlachescivil procedure

Finality Prevails: Understanding the Limits of Annulment of Judgment in the Philippines

Philippine Supreme Court clarifies when annulment of judgment is available, distinguishing lack of jurisdiction from errors in exercising jurisdiction.

Nov 23, 2015qualified rapestatutory rapeacts of lasciviousnessguardianrevised penal code

Guardian Convicted of Qualified Rape and Acts of Lasciviousness Against Minor

Supreme Court affirms conviction of a guardian for qualified rape of his 11-year-old ward, explaining key rules on statutory rape, delay in reporting, and damages.

Nov 23, 2015criminal-lawmurdertreacheryalibipositive-identificationevidence

Positive Identification and Alibi in Murder Cases: Lessons from People v. Cuesta

The Supreme Court explains when positive identification prevails over alibi and why sudden attacks do not always amount to treachery.

Nov 23, 2015labor-lawillegal-dismissaldue-processlabor-codebackwagessecurity-of-tenure

Illegal Dismissal Requires Both Just Cause and Due Process: Noblado v. Alfonso

The Supreme Court clarifies that dismissal without just cause and due process is illegal, entitling workers to backwages and separation pay.

Nov 23, 2015treacherymurderhomiciderevised penal codecriminal lawsupreme court

Treachery in Criminal Law: The Crucial Element of Deliberate Intent

Sudden attacks do not always amount to treachery. The Supreme Court explains when deliberate intent is required.

Nov 23, 2015maritime lawseafarer disabilitypoea-seclabor codedisability benefits

Seafarer Disability Benefits: Duty to Comply With Treatment and the 120-Day Rule

A seafarer's failure to comply with prescribed medical treatment can justify extending the assessment period to 240 days, defeating a disability claim.

Nov 23, 2015property lawforeclosureassignment of creditbangko sentral ng pilipinasreal estate mortgagesupreme court

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

Nov 23, 2015maritime lawcharter partycommon carrierprivate carrierliabilitysubrogation

Charter Party Agreements: How They Determine Carrier Status in Maritime Law

Philippine Supreme Court ruling on how time charter parties can convert common carriers into private carriers, affecting liability.

Nov 23, 2015reformation of contractreal estate mortgagecivil lawsupreme courtallied banking

Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages

The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.

Nov 23, 2015corporate rehabilitationloan transfercreditor rightsmetrobankphilippine supreme court

Loan Transfers and Corporate Rehabilitation: Clarifying Creditor Rights in Philippine Law

Supreme Court ruling on whether loan sale proceeds deposited with a creditor are covered by a loan transfer during corporate rehabilitation.

Nov 23, 2015civil-lawabuse-of-rightslabor-lawdamagesemployer-employeejurisdiction

When an Employer's Right to Discipline Becomes Abuse of Rights: PCIB v. Gomez

The Supreme Court rules on when an employer's disciplinary actions cross the line into abuse of rights, clarifying civil court jurisdiction over damages claims.

Nov 22, 2015illegal dismissalback wagesseparation paylabor lawfinality of judgmentrecomputation

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Nov 20, 2015intra-corporate disputespecial commercial courtjurisdictionshareholder rightscivil procedurera 8799

Navigating Corporate Disputes Ensuring Proper Court Assignment FOR Shareholder Rights

The Supreme Court clarifies that intra-corporate disputes wrongly raffled to a regular RTC branch should be transferred, not dismissed.

Nov 16, 2015judicial accountabilitygrave misconductcourt personneladministrative lawsupreme court

Upholding Judicial Accountability: Failure to Decide Cases and Its Consequences for Judges and Court Personnel

A Supreme Court ruling reminds judges and court staff that misconduct and failure to follow lawful directives carry the ultimate administrative penalty.

Nov 16, 2015disbarmentgross immoralitylegal ethicscode of professional responsibilityadministrative law

Disbarment for Gross Immorality: When a Lawyer’s Private Conduct Ends the Legal Career

The Supreme Court disbars a Court of Appeals clerk for an adulterous affair, reaffirming that lawyers must uphold high moral standards in private life.

Nov 16, 2015administrative lawgrave misconductcourt personnelcode of conductdismissalgovernment service

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Nov 11, 2015labor-lawretrenchmentstare-decisissupreme-courtpepsi-colaseparation-pay

Stare Decisis in Retrenchment Cases: When Prior Rulings Bind Similar Claims

The Supreme Court applies stare decisis to deny reconsideration in a retrenchment case, affirming that identical issues and parties with common interest are bound by prior rulings.

Nov 11, 2015trademark infringementpreliminary injunctionmootness doctrineintellectual property codecivil proceduresupreme court

Trademark Infringement Mootness Doctrine and the Dissolution of Preliminary Injunctions

When a final judgment on the merits is rendered, an ancillary preliminary injunction dissolves, rendering appeals on the writ moot.

Nov 11, 2015administrative lawdiscoverydue processphilippine health insurance corporationphilhealthrules of court

Discovery Rights in Administrative Proceedings: Balancing Efficiency and Due Process

The Supreme Court clarifies when modes of discovery may be denied in administrative cases, balancing efficiency with due process in PHIC proceedings.