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显示第 7465–7488 篇,共 24,704 篇文章

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Nov 19, 2014government projectspreliminary injunctionra 8975administrative lawdue processinfrastructure

When Good Faith Can't Excuse Ignoring Red Flags in Government Projects

Supreme Court explains when courts can't stop government projects and why permits are privileges, not property rights.

Nov 19, 2014seafarer rightsdisability benefitspoea-seclabor lawmaritime lawsupreme court

When a Seafarer's Disability Claim Fails: The Weight of Medical Evidence in Philippine Law

The Supreme Court clarifies when a seafarer's disability claim fails, emphasizing the company-designated physician's findings and proper procedure.

Nov 19, 2014legal-ethicslabor-lawprocedural-rulesnlrccertiorarifinality-of-judgment

Judicial Conduct Upholding Impartiality AND Adherence TO Procedural Rules IN Court Proceedings

The Supreme Court reinstates NLRC dismissals, emphasizing strict compliance with procedural rules in labor appeals and the finality of judgments.

Nov 19, 2014statutory rapechild testimonycriminal lawalibiphilippine jurisprudence

Protecting Children: Corroborated Testimony and the Crime of Statutory Rape

In People v. Sato, the Supreme Court affirmed a statutory rape conviction based on a child's candid testimony, showing how Philippine courts weigh evidence in child abuse cases.

Nov 19, 2014criminal lawforestry codeillegal possessionplain view doctrinewarrantless seizuresupreme court

Possession of Forest Products Without Documents: A Primer on the Revised Forestry Code

Learn how mere possession of lumber without legal documents can lead to criminal liability under the Revised Forestry Code, as explained in a recent Supreme Court ruling.

Nov 19, 2014agrarian reformhomesteadcarpra 6657land reformproperty law

Homestead Rights vs Agrarian Reform: Continued Cultivation Is Key

Supreme Court clarifies that heirs of homestead grantees must personally cultivate the land to exempt it from CARP coverage under Section 6 of RA 6657.

Nov 19, 2014criminal-lawunlawful-searchwarrantless-arreststop-and-friskdangerous-drugsra-9165

Unlawful Search and Seizure: When Reasonable Suspicion Falters, Liberty Prevails

When police act on mere suspicion, a warrantless search and seizure violates constitutional rights, leading to acquittal.

Nov 19, 2014administrative-lawlabor-lawcertioraridue-processnlrcprocedural-rules

Navigating SEC Appeals: Understanding the Scope of Review and Due Process

The Supreme Court clarifies when appellate courts may relax procedural rules and the limits of certiorari review in labor appeals.

Nov 19, 2014vattax refundinput tax credittax lawsupreme courtfort bonifacio

VAT Refund Claims: Equitable Estoppel and Strict Interpretation of Tax Laws

Supreme Court ruling on VAT refund claims, transitional input tax credits, and the strict interpretation of tax laws in Fort Bonifacio Development Corporation v. CIR.

Nov 19, 2014maritime lawseafarer disabilitypoea-secpermanent total disabilitynlrcsupreme court

Prevailing Medical Opinion Resolving Seafarer Disability Claims Under Poea SEC

Philippine Supreme Court clarifies the 120-day vs 240-day rule in seafarer disability claims under the POEA-SEC.

Nov 19, 2014maritime-law

Seafarers Disability Claims Upholding Medical Assessment AND Treatment Protocols

Nov 19, 2014self-defenseunlawful aggressionhomicidecriminal lawrevised penal codejustifying circumstances

Self-Defense and Unlawful Aggression: When a Deadly Response Fails in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements in homicide cases, explaining why unlawful aggression is essential and must be proven with clear evidence.

Nov 18, 2014co-ownershipland salecivil codecontract to sellphilippine law

Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid

A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.

Nov 18, 2014administrative-law

Breach OF Trust Dismissal FOR Dishonesty AND Misconduct IN Loan Agreement Violation

Nov 18, 2014criminal-law

Breach OF Public Trust Dismissal FOR Dishonesty IN Handling Court Funds

Nov 18, 2014administrative lawgrave misconductdishonestycourt employeesjust debtsdismissal

Court Employee Dismissed for Breach of Public Trust in Extorting Litigants

Supreme Court dismisses court employee for blocking ATM card to evade loan payments, ruling it dishonesty and grave misconduct.

Nov 18, 2014judicial misconductimmoralitycode of judicial conductadministrative lawanti-graftsupreme court

Judicial Misconduct and Immorality: When a Judge's Conduct Warrants Dismissal

The Supreme Court dismissed a judge for gross misconduct, bribery, and immorality, reaffirming the high standards of judicial conduct.

Nov 17, 2014civil-lawcontractor-liabilitydefective-workactual-damagesconstruction-law

Substandard Work Contractor Liable FOR Rectification Costs Despite Acquittal IN Estafa Case

A contractor acquitted of estafa can still be civilly liable for defective work. The Supreme Court explains rectification costs under the Civil Code.

Nov 17, 2014contract-law

Interpreting Health Care Contracts THE Standard OF Approved Charges IN Foreign Emergency Care

Nov 17, 2014criminal-lawevidencetext-messageshomicidereasonable-doubtjurisprudence

Text Messages as Evidence in Homicide Cases: Proving Guilt Beyond Reasonable Doubt

Learn how Philippine courts treat text messages as evidence in homicide cases and what it takes to prove guilt beyond reasonable doubt.

Nov 17, 2014judicial-independenceadministrative-complaintsjudgesrule-of-lawphilippine-courts

Protecting Judicial Independence When Administrative Complaints Cross The Line

Explore how the Supreme Court safeguards judicial independence when administrative complaints are used to pressure judges in pending cases.

Nov 17, 2014criminal-lawillegal-searchwarrantless-arrestinadmissible-evidencera-9165constitutional-rights

Illegal Search Evidence Inadmissible Even If Illegal Arrest Is Waived

Waiving objection to an illegal arrest does not waive the right against illegal search; seized drugs are inadmissible evidence.

Nov 17, 2014contract-lawcontractor-liabilitydefective-workcivil-codearticle-1715actual-damages

Contractor Liability for Substandard Electrical Installations: Mackay v. Caswells

When can a contractor be held liable for defective work? The Supreme Court clarifies contractor obligations under Article 1715 of the Civil Code.

Nov 17, 2014criminal-lawdrug-possessionwarrantless-arrestchain-of-custodyra-9165evidence

Upholding Warrantless Arrests: The Limits of Challenging Drug Possession Evidence

A Supreme Court ruling clarifies when warrantless arrests and seizures in drug cases are valid, and when procedural lapses still allow conviction.