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显示第 7081–7104 篇,共 24,701 篇文章

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Jun 15, 2015self-defensehomicidecriminal lawrevised penal codeunlawful aggressionphilippine supreme court

Self-Defense in Homicide Cases: When a Police Officer’s Plea Fails

A police officer’s self-defense claim in a homicide case failed because physical evidence contradicted his story. Learn the legal requisites.

Jun 8, 2015labor lawillegal dismissaloptional retirementretirement paylabor codesecurity of tenure

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Jun 8, 2015agrarian reformjust compensationra 6657pd 27property lawsupreme court

Just Compensation and Agrarian Reform: Applying RA 6657 to Lands Under PD 27

Philippine Supreme Court clarifies how RA 6657 governs just compensation for lands previously covered by PD 27, ensuring farmers receive fair value.

May 11, 2015property-lawco-ownershipinheritancereconveyancefree-patentquieting-of-title

Proving Co-Ownership of Inherited Land: Lessons from Heirs of Bulawin

A Supreme Court ruling clarifies what evidence truly proves co-ownership of inherited land—and why harvest-sharing alone is not enough.

May 11, 2015insurance lawsubrogationquasi-delictnegligencesupreme courtcivil code

Insurance Subrogation Claims: When the Supreme Court Refuses to Re-Examine Facts

SC affirms insurer's subrogation claim against negligent driver and owner, clarifying when factual findings bind the Court.

May 11, 2015reconstitution of titleland registrationproperty lawtorrens systemsupreme court

Reconstitution of Lost Titles: Supreme Court Clarifies Rules in Favor of Property Owners

Supreme Court clarifies reconstitution of lost land titles under RA 26, allowing practical evidence when records are destroyed.

May 4, 2015labor-lawillegal dismissalretirementsecurity of tenurereorganizationcba-benefits

Loyalty Awards Reconciling Reorganization AND Employee Rights IN THE Philippines

The Supreme Court clarifies how corporate reorganizations affect regular employees' security of tenure, retirement rights, and CBA benefits.

May 4, 2015family-lawadoptionannulmentspousal-rightschildrens-rightssupreme-court

Adoption Decree Annulled Protecting Spousal AND Childrens Rights IN Adoption Proceedings

Philippine Supreme Court annuls adoption decree, affirming that spousal consent and children's rights are mandatory in adoption proceedings.

Apr 27, 2015quasi-delictnegligencesubrogationvicarious liabilitycivil codeinsurance

Supreme Court Affirms Negligence Ruling in Subrogation Claim Over Vehicular Accident

SC affirms insurer's subrogation claim, holding driver negligent and owner vicariously liable for damages from a 2014 collision.

Apr 22, 2015civil-procedureindispensable-partiesloan-agreementslocal-governmentjurisdictionsupreme-court

Indispensable Parties in Loan Disputes: The Land Bank v. Cacayuran Rule

Why failing to implead an indispensable party voids court rulings in loan agreement disputes, explained through Land Bank v. Cacayuran.

Apr 22, 2015administrative lawconduct prejudicial to the best interest of the serviceombudsmanpublic officialsadministrative liability

Public Officials and Conduct Prejudicial to the Best Interest of the Service: Defining the Boundaries

When does a public official's private act become an administrative offense? The Supreme Court clarifies the line between misconduct and conduct prejudicial to the best interest of the service.

Apr 22, 2015illegal dismissalabandonmentseparation paylabor lawbackwagessecurity of tenure

Illegal Dismissal and Abandonment: What Employers Must Prove and How Separation Pay Is Computed

Learn the requisites of abandonment as a defense to illegal dismissal, and how the Supreme Court computes separation pay in lieu of reinstatement.

Apr 22, 2015government contractsprocurementlocal government codeindispensable partiestaxpayer suitpublic funds

Government Contracts and Procurement: Why Funding Rules and Indispensable Parties Matter

Philippine Supreme Court ruling on local government loans, procurement funding requirements, and the need to implead indispensable parties in taxpayer suits.

Apr 22, 2015inheritanceproperty rightspartitionpacto de retroequitable mortgagecivil law

Dividing Inherited Lands: Ownership Disputes and Property Rights in the Philippines

Learn how Philippine courts resolve inherited land disputes, including pacto de retro sales, co-ownership, and the rights of buyers in good faith.

Apr 22, 2015double saleprior possessionland rightscivil lawproperty lawphilippines

Double Sale AND Prior Possession Protecting Land Rights IN THE Philippines

Understand how Philippine courts resolve double sale disputes and protect prior possession of land. Learn key legal principles.

Apr 22, 2015formal offer of evidencerules of courtjudicial partitionheirs rightscivil lawsuccession

Formal Offer of Evidence Required: Heirs' Unpresented Deeds Fail in Partition Case

Supreme Court affirms that evidence not formally offered cannot be considered, even in inheritance disputes over land partition.

Apr 22, 2015legal ethicsdocket feescode of professional responsibilitydisbarmentcivil procedure

Docket Fees and Ethics: When Omitting Damages in a Complaint Is Not Unethical

The Supreme Court clarifies when a lawyer's omission of damages in a complaint prayer crosses the line into unethical conduct.

Apr 21, 2015katarungang pambarangayamicable settlementmunicipal circuit trial courtlocal government codecivil proceduresupreme court

Barangay Settlement Enforcement: MCTC Jurisdiction and the 10-Day Rule

Learn how the Supreme Court clarified enforcement of barangay amicable settlements, including MCTC jurisdiction and the binding 10-day repudiation period.

Apr 21, 2015constitutional-lawtanon-straitservice-contractenvironmental-lawpresidential-authorityphilippine-waters

Tañon Strait Case: Presidential Authority and Protecting Philippine Waters

The Supreme Court's Tañon Strait ruling clarifies presidential authority over service contracts and environmental protection in Philippine waters.

Apr 21, 2015eminent domainjust compensationproperty lawexpropriationdpwhlegal interest

Just Compensation in Eminent Domain: Value at Time of Taking Plus Interest for Delay

Philippine Supreme Court clarifies that just compensation is based on fair market value at the time of taking, plus legal interest for delayed payment.

Apr 21, 2015government procurementpublic biddingdirect contractingcomelecgpraelection law

Public Bidding vs Direct Contracting: Supreme Court on COMELEC's PCOS Procurement

Supreme Court rules COMELEC gravely abused discretion in direct contracting with Smartmatic for PCOS repair, reaffirming public bidding as general rule.

Apr 20, 2015acts of lasciviousnessra 7610child abusecriminal lawtestimony of minorindeterminate sentence

Acts of Lasciviousness: When a Minor's Testimony Suffices and How RA 7610 Applies

A father's conviction for acts of lasciviousness affirmed—when a child's lone testimony suffices and how RA 7610 sets the penalty.

Apr 20, 2015vested-rightsretirement-benefitsmilitary-pensionretroactivity-of-lawsadministrative-lawmandamus

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Apr 20, 2015murdertreacheryself-defenserevised-penal-codecriminal-lawsupreme-court

Treachery and Self-Defense: Understanding the Elements of Murder in Philippine Law

The Supreme Court explains treachery and self-defense in murder cases, using People v. Samuya as a guide.