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显示第 7417–7440 篇,共 24,704 篇文章

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Dec 1, 2014sheriffsneglect of dutywrit of executionadministrative casecourt employees

Sheriff's Failure to Implement Writ of Execution Results in Administrative Penalty

Supreme Court holds sheriff liable for simple neglect of duty after failing to implement a writ of execution for over four years, imposing a two-month salary fine.

Dec 1, 2014maritime lawseafarersdisability benefitscompany-designated physicianlabor law

Defining the Duty of a Company-Designated Physician in Seafarer Disability Claims

A Supreme Court ruling clarifies how promptly a company-designated physician must assess a seafarer's fitness to work, and what happens when that duty is delayed.

Dec 1, 2014sheriffswrit of executionadministrative lawneglect of dutyjudicial ethicscivil procedure

Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability

When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.

Dec 1, 2014forfeitureill-gotten wealthjurisdictionpresidential commissiongood governance

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

Nov 26, 2014insurance-lawcargo-claimssubrogationdamagescivil-codeshipping

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

Nov 26, 2014judicial-reviewregional-trial-courtadministrative-lawlocal-government-codepezareal-property-tax

When Can RTCs Rule on the Constitutionality of Administrative Regulations?

The Supreme Court clarifies the limits of judicial review, the proper venue for tax disputes, and the tax exemption of the PEZA.

Nov 26, 2014civil lawdamagesnegligencetemperate damagessupreme courtphilippine law

Negligence and Fair Compensation: Temperate Damages When Proof of Loss Is Lacking

When a court finds negligence but exact losses are unproven, temperate damages may be awarded. A Philippine Supreme Court case explains.

Nov 26, 2014tax lawreal property taxpezalocal governmenttax exemption

PEZA Exempt From Local Property Taxes: Key SC Ruling Explained

The Supreme Court ruled PEZA is exempt from real property taxes as a government instrumentality. Learn the legal basis and implications.

Nov 26, 2014frustrated homicideintent to killcriminal lawrevised penal codeindeterminate sentencemoral damages

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Nov 26, 2014legal ethicsattorney disciplinesuspensiondishonest actssupreme courtphilippine law

Upholding Ethical Conduct: Suspension for Dishonest Acts by Attorneys

Learn how the Supreme Court disciplines attorneys for dishonest acts, including suspension, based on recent jurisprudence.

Nov 26, 2014cashier's checkmanager's checknegotiable instrumentsbanking lawstop paymentcontractual dispute

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

Nov 26, 2014juvenile-justicecriminal-lawhomiciderepublic-act-9344probationsupreme-court

Juvenile Justice Balancing Rehabilitation AND Accountability IN HOMICIDE CASES

The Supreme Court clarifies when a child in conflict with the law may still be imprisoned, even under the Juvenile Justice and Welfare Act.

Nov 26, 2014frustrated homicideserious physical injuriesintent to killcriminal lawrevised penal code

Intent to Kill: What Separates Frustrated Homicide from Serious Physical Injuries

Philippine Supreme Court clarifies how intent to kill distinguishes frustrated homicide from serious physical injuries, with practical guidance on evidence.

Nov 26, 2014damagescivil-codesupreme-courtshippingnegligencephilippine-law

Temperate vs Nominal Damages: When Philippine Courts Award Moderate Compensation

Philippine Supreme Court clarifies when temperate damages apply instead of nominal damages, using a shipping collision case as the guide.

Nov 26, 2014land registrationproperty lawalienable and disposablepublic domainsupreme court

State Sovereignty in Land Registration: Proving Alienability and Disposability

Philippine Supreme Court clarifies that land registration requires proof of alienability and disposability, not just possession.

Nov 26, 2014criminal lawdeath of accusedextinguishment of liabilityrevised penal codesupreme court

Death Before Final Judgment Extinguishes Criminal and Civil Liabilities

Philippine Supreme Court clarifies that an accused who dies pending appeal has both criminal and civil liabilities extinguished.

Nov 26, 2014labor-lawillegal-dismissalretaliatory-dismissalsecurity-of-tenurelabor-codedue-process

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Nov 26, 2014violation of domicilerevised penal codecriminal lawpublic officerssearch warrant

Upholding the Sanctity of the Home: Violation of Domicile in the Philippines

The Supreme Court clarifies the crime of violation of domicile under the Revised Penal Code, emphasizing the protection of the home against unlawful intrusion.

Nov 26, 2014illegal dismissallabor lawsecurity of tenurebackwagescorporate rehabilitationtwo-notice rule

Filing a Labor Complaint Cannot Justify Dismissal: Corporate Rehabilitation and Backwages

Filing a labor complaint is a protected right. Dismissing workers for asserting claims is illegal termination, entitling them to reinstatement and full backwages.

Nov 26, 2014theftcriminal intentmistakerevised penal codesupreme courtcriminal law

Mistake vs Malice: When Honest Error Defeats Theft Charges in the Philippines

The Supreme Court explains when honest mistake negates criminal intent in theft cases, acquitting a man who cut trees on the wrong property.

Nov 26, 2014civil-law

Succession Disputes Resolving Conflicts IN Estate Administration AND Heir Designations

Nov 26, 2014estafajuridical possessionmisappropriationrevised penal codecorporate officercriminal law

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Nov 26, 2014estafabreach of trustmisappropriationcriminal lawrevised penal codecashier liability

Breach of Trust Estafa and the Misappropriation of Funds Entrusted for Tax Remittance

When does a cashier's mishandling of funds amount to estafa? The Supreme Court clarifies the key distinction between material and juridical possession.

Nov 26, 2014bp-22bounced-checkscriminal-lawpayment-defensesupreme-courtdishonored-check

B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges

The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.