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显示第 7177–7200 篇,共 24,701 篇文章

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Mar 18, 2015preliminary attachmentjurisdictionappealancillary remedyrules of courtcivil procedure

How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies

When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.

Mar 18, 2015notarial practiceadministrative lawattorney disciplinenotary publiccode of professional responsibilitysupreme court

Upholding Integrity: Attorney Liability for Notarial Register Errors in the Philippines

Philippine Supreme Court holds notary public liable for erroneous notarial register entries, stressing the duty to record every notarial act accurately.

Mar 18, 2015criminal-lawmitigating-circumstancespassion-and-obfuscationhomicidetreacherysupreme-court

Passion's Lingering Flame: Redefining Mitigating Circumstances in Homicide Cases

The Supreme Court clarifies that passion and obfuscation may build over time, not just in the heat of the moment, reducing murder to homicide.

Mar 18, 2015legal ethicscode of professional responsibilityattorney suspensionclient fundsadministrative caselawyer negligence

Upholding Client Trust Attorney Suspended FOR Neglect AND Misuse OF Funds IN THE Philippines

A lawyer who fails to file a case and refuses to return client money faces one-year suspension. Learn the rules on client funds.

Mar 18, 2015criminal-lawrobberyreasonable-doubtevidenceintimidationacquittal

Reasonable Doubt in Robbery Cases: Insufficient Proof of Threat Leads to Acquittal

Supreme Court acquits robbery convict where prosecution failed to prove intimidation beyond reasonable doubt. Learn the rules.

Mar 18, 2015documentary stamp taxtrust agreementstax refundwithholding taxphilippine supreme courtbir

Understanding Documentary Stamp Tax on Trust Agreements: Insights from a Landmark Philippine Case

A Philippine Supreme Court ruling clarifies when documentary stamp tax applies to trust agreements and the evidence needed for tax refund claims.

Mar 17, 2015election-lawelection-offensescomelecomnibus-election-codetransfer-bancivil-service

Election Law Defining Transfer and Safeguarding Management Prerogatives During Election Periods

The Supreme Court clarifies what counts as a prohibited transfer during election periods, balancing COMELEC rules with management prerogatives.

Mar 17, 2015judicial accountabilityundue delaycourt of appealsadministrative lawcollegiate courtssupreme court

Judicial Accountability: When Is a Collegiate Court Justice Liable for Undue Delay?

The Supreme Court acquitted three Court of Appeals justices of undue delay, clarifying that liability follows the division that actually decides a case, not the one that inherited it.

Mar 17, 2015commission on auditadministrative lawgrave misconductgovernment auditorscoa independence

COA Auditors Barred From Agency Benefits: Nacion v. COA

Supreme Court affirms COA's discipline of auditor who received bonuses, housing, and car loans from audited agency MWSS.

Mar 16, 2015maritime lawseafarerspoea-secdisability benefitsdeath benefitslabor law

Beyond the Contract: Can Seafarers Claim Disability Benefits After Employment Ends?

A Supreme Court ruling clarifies why death and disability benefits under the POEA contract must be claimed correctly and within the proper proceedings.

Mar 16, 2015criminal lawbuy-bust operationchain of custodyillegal drugsra 9165warrantless arrest

Buy-Bust Operations and Chain of Custody: Key Lessons from a Drug Conviction

A Supreme Court ruling on a buy-bust operation clarifies the rules on warrantless arrests, chain of custody, and the defenses of denial and frame-up.

Mar 16, 2015labor lawillegal dismissalprescriptionnlrclabor arbitration

Prescription in Illegal Dismissal Cases: The Impact of Complaint Withdrawal

Filing then withdrawing an illegal dismissal complaint does not stop the prescriptive period. Learn the rule from this Supreme Court case.

Mar 16, 2015legal ethicsadministrative casebp 22lawyer disciplinecode of professional responsibilitysupreme court

Attorney Suspended for Dishonored Checks: Ethical Duties Beyond the Courtroom

Issuing worthless checks can cost a lawyer more than criminal liability—it can trigger suspension from practice, as this case shows.

Mar 16, 2015criminal lawdangerous drugsbuy-bust operationchain of custodyra 9165jurisprudence

Buy-Bust Operations and Chain of Custody: What People v. Cunanan Means for Drug Cases

The Supreme Court affirms a drug conviction, clarifying buy-bust arrests, chain of custody rules, and why minor lapses do not automatically acquit.

Mar 16, 2015legal ethicsdisbarmentprofessional responsibilitybouncing checkscode of professional responsibility

Lawyer Suspended for Issuing Bounced Checks: Honesty and Integrity in Legal Practice

The Supreme Court suspended a lawyer for one year for issuing worthless checks, reaffirming that lawyers must uphold honesty and integrity in both public and private life.

Mar 16, 2015criminal-law

BUY Bust Operations Upholding Convictions Despite Procedural Lapses IN Drug Cases 3

Mar 11, 2015criminal lawarraignmentspeedy trialdepartment of justicecopyright infringementintellectual property code

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Mar 11, 2015labor-lawillegal-dismissaljust-causemanagement-prerogativedishonestytermination

Upholding Employers Right TO Discipline Dishonesty AS Just Cause FOR Termination

Supreme Court rules that a nurse’s theft of hospital supplies is just cause for dismissal, reaffirming management prerogative to discipline dishonest employees.

Mar 11, 2015quieting of titlecause of actionrule 16civil proceduretorrens title

Quieting of Title: Courts Cannot Consider Outside Evidence in Determining Cause of Action

The Supreme Court clarifies that in resolving a motion to dismiss for failure to state a cause of action, courts must look only at the complaint's allegations.

Mar 11, 2015labor-lawmootnesssatisfaction-of-judgmentseafarer-disabilitynlrccertiorari

Satisfaction of Judgment and the Right to Appeal: Navigating Mootness in Philippine Labor Law

When paying a labor award does not end the case: the Supreme Court clarifies the mootness doctrine in seafarer disability disputes.

Mar 11, 2015property-lawland-registrationpd-1529regalian-doctrinealienable-and-disposablepublic-domain

Land Registration Requires Impeccable Proof of Alienability

The Supreme Court nullified a land registration judgment where applicants failed to present documentary proof that the property was alienable and disposable public land.

Mar 11, 2015criminal-lawchain-of-custodydangerous-drugsra-9165evidencedrug-possession

Chain of Custody in Drug Cases: Preserving Integrity of Seized Evidence

Philippine Supreme Court explains why lapses in drug evidence custody are not automatically fatal, as long as the item's integrity is preserved.

Mar 11, 2015civil-lawpartitionindispensable-partiesrules-of-courtsupreme-court

Indispensable Parties in Partition Suits: Ensuring Complete Justice

Philippine Supreme Court clarifies who must be joined in partition actions and why dismissal is the wrong remedy for non-joinder.

Mar 11, 2015assignment of receivablesvat refundreal estatebanking lawcivil codejurisprudence

Assignment of Receivables and Bank Liability: The Chin Kong Wong Choi v. UCPB Ruling

When a bank buys receivables from a developer, does it inherit the developer's obligations to buyers? The Supreme Court clarifies.