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显示第 7633–7656 篇,共 24,707 篇文章

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Sep 17, 2014attorney negligencecode of professional responsibilitydisbarmentlegal ethicssupreme court

Breach of Legal Duty Attorney Neglect and the Imperative of Diligence in Legal Representation

A lawyer's neglect of a client's case violates the Code of Professional Responsibility, even if fees are later refunded.

Sep 16, 2014administrative lawhabitual absenteeismcivil servicejudiciarydismissalpublic accountability

Dismissal for Habitual Absenteeism: Accountability in the Judiciary

Supreme Court dismisses court employee for habitual absenteeism, reaffirming that public office is a public trust demanding strict accountability.

Sep 16, 2014sovereign immunityenvironmental lawwrit of kalikasantubbataha reefunclosvisiting forces agreement

Sovereign Immunity and Environmental Responsibility: Jurisdiction in the Tubbataha Reef Case

The Supreme Court clarifies sovereign immunity limits and environmental accountability in the USS Guardian grounding at Tubbataha Reefs.

Sep 15, 2014gross immoralityjudicial ethicsdisbarmentcode of professional responsibilitysupreme courtadministrative case

Upholding Client Trust Attorney Negligence AND Accountability IN Legal Representation

Supreme Court dismisses judge for gross immorality and suspends him from law practice for three years.

Sep 15, 2014notarial practiceadministrative lawlawyer disciplinesupreme courtlegal ethics

Upholding Notarial Duties: Ensuring Signatory Identity and Voluntariness in Philippine Law

The Supreme Court reminds notaries public that verifying a signatory's identity and voluntariness is a sacred duty, not a routinary act.

Sep 15, 2014contempt-of-courtexecution-pending-appealresidual-jurisdictionrules-of-courtadministrative-law

Upholding Accountability Attorney Sanctioned FOR Misleading THE Court AND Obstructing Justice

Supreme Court rules on contempt jurisdiction, residual powers of trial courts, and ministerial duties of court officers in execution pending appeal.

Sep 10, 2014labor-lawindependent-contractorillegal-dismissallabor-only-contractingemployer-employee-relationshipdepartment-order-18-02

Independent Contractor vs Employee: Employer Duties in Labor Disputes

Philippine Supreme Court clarifies when a contractor is legitimate, not labor-only, and who bears employer responsibilities in illegal dismissal cases.

Sep 10, 2014civil registryrule 108ra 9048correction of entrieslegitimacydue process

Correcting Civil Registry Entries: Balancing Administrative Efficiency and Due Process

The Supreme Court clarifies when civil registry corrections need courts versus administrative action, protecting legitimacy rights.

Sep 10, 2014customs lawbureau of customssubic freeportseizureforfeituretax law

Customs Authority Prevails Jurisdiction Over Goods IN THE Subic Freeport Zone

Supreme Court affirms Bureau of Customs' exclusive jurisdiction over seizure cases in the Subic Freeport Zone.

Sep 10, 2014criminal-lawchain-of-custodyra-9165drug-casesevidenceacquittal

Chain of Custody in Drug Cases: Why Evidence Integrity Is Crucial

The Supreme Court acquits two accused in a drug case for broken chain of custody and non-compliance with Section 21 of RA 9165.

Sep 10, 2014subrogationinsurance lawquasi-delictevidencecivil procedureforum shopping

Subrogation and Proof of Negligence: Lessons from Standard Insurance v. Cuaresma

A subrogee insurer cannot recover damages without proving the insured's claim by preponderance of evidence, including the negligent party's fault.

Sep 10, 2014unfair competitiontrademark infringementintellectual propertycounterfeit goodsdamagessupreme court

Deceptive Imitation: Unfair Competition Claims Without Trademark Registration

Learn how the Supreme Court upheld an unfair competition claim against sellers of counterfeit medicated oil, even without trademark registration.

Sep 10, 2014labor-lawnon-forum-shoppingnlrcappealprocedural-rulessupreme-court

No Certificate, No Appeal: Strict Rule on Non-Forum Shopping in Labor Cases

The Supreme Court affirms that a certificate of non-forum shopping is mandatory for NLRC appeals, and procedural rules will not be relaxed for unmeritorious claims.

Sep 10, 2014labor lawillegal dismissaljust causeserious misconductterminationnlrc

When a Heated Argument Is Not "Fighting": A Philippine Labor Law Lesson on Just Cause Dismissal

Philippine Supreme Court clarifies that "fighting" as a just cause for dismissal requires physical combat, not mere verbal altercations.

Sep 10, 2014search warrantcopyright infringementprobable causedue processsoftware piracyremedial law

Upholding Search Warrants in Copyright Infringement Cases: Balancing Rights and Due Process

The Supreme Court clarifies when courts may quash search warrants in software piracy cases, and when they must uphold them.

Sep 10, 2014labor-lawillegal-dismissalbreach-of-trustjust-causeterminationdue-process

Breach of Trust as Just Cause for Termination: Protecting Employer Confidence

When an employee's dishonesty erodes the employer's trust, dismissal may be justified under Article 282 of the Labor Code.

Sep 10, 2014insurance lawsubrogationnegligencevehicle accidentsevidencequasi-delict

Subrogation in Vehicle Accidents: Proving Negligence Before an Insurer Can Recover

Insurers subrogated to an insured's rights must still prove the other party's negligence by preponderance of evidence to recover repair costs.

Sep 10, 2014civil-procedureinterventionjurisdictionreal-property-taxsupreme-court

Intervention Rights When A Case Fails SO Does THE Right TO Intervene

When a main case is dismissed for lack of jurisdiction, an intervenor's right to intervene also ceases. Learn the rule from Pulgar v. RTC of Mauban.

Sep 10, 2014property-law

Land Retention Rights Clarifying THE Scope After Land Sales Under Agrarian Reform

Sep 10, 2014chain of custodydangerous drugsra 9165criminal lawevidencesearch warrant

Chain of Custody in Drug Cases: How Philippine Law Guards Against Evidence Tampering

In People v. Bontuyan, the Supreme Court upheld a drug conviction and explained how the chain of custody preserves the integrity of seized drugs.

Sep 10, 2014conspiracyhomicidecriminal lawrevised penal codesupreme courtself-defense

Shared Intent, Shared Guilt: Understanding Conspiracy in Philippine Homicide Law

The Supreme Court explains how conspiracy works in homicide cases—when one acts, all are liable, even without direct participation.

Sep 10, 2014commercial-lawnegotiable-instrumentsbank-liabilityaltered-checkscollecting-bankdeposits

Altered Checks and Bank Liability: Who Pays the Price of Forgery

When a bank clears an altered check, who bears the loss? The Supreme Court clarifies liability rules in Areza v. Express Savings Bank.

Sep 9, 2014election-lawomnibus-election-codecomelecpersonnel-movementcivil-service

Electoral Law: Defining Prohibited Personnel Actions During Election Periods

Supreme Court clarifies that not every personnel movement during election period is a prohibited transfer or detail under election law.

Sep 9, 2014legal ethicsattorney suspensioncode of professional responsibilityadoptionmalpractice

Attorney Suspended 3 Years for Neglect and Misrepresentation in Adoption Case

Lawyer suspended three years for taking fees but failing to file adoption petition and misleading client about its status.