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显示第 7753–7776 篇,共 24,707 篇文章

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Jul 23, 2014civil-law

Burden OF Proof IN Deficiency Claims Banks Duty TO Substantiate Foreclosure Amounts

Jul 23, 2014self-defensetreacherymurderrevised-penal-codecriminal-lawsupreme-court

Self-Defense and Treachery: The Boundaries of Justifiable Homicide in Philippine Law

A Supreme Court ruling clarifies when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Jul 23, 2014criminal-lawmurdertreacheryself-defenserevised-penal-codesupreme-court

Treachery and Self-Defense in Murder Conviction: People v. De Los Santos

Supreme Court affirms murder conviction where treachery attended killing and self-defense claim failed for lack of unlawful aggression.

Jul 23, 2014criminal lawbuy-bust operationdangerous drugsra 9165evidencechain of custody

Buy-Bust Operations: Ensuring Legality and Admissibility of Evidence in Drug Cases

The Supreme Court clarifies the rules on buy-bust operations, evidence admissibility, and chain of custody in drug cases under RA 9165.

Jul 23, 2014criminal-lawrapeintimidationsweetheart-defenserevised-penal-codesupreme-court

Rape Conviction Affirmed: Intimidation and the "Sweetheart Defense" in Philippine Law

Philippine Supreme Court affirms rape conviction based on intimidation, rejecting the uncorroborated "sweetheart defense" and clarifying damages.

Jul 23, 2014service chargescollective bargaining agreementlabor lawnegotiated contractssupreme court

Service Charges and CBA Terms: When Negotiated Contracts Are Exempt in Labor Disputes

Philippine Supreme Court ruling on when service charges are due under a CBA, and how negotiated contracts and special rates are exempt.

Jul 23, 2014administrative-law

Upholding Professional Integrity Lawyers Association With Questionable Individuals Leads TO Suspension

Jul 23, 2014malversationfalsificationpublic officersrevised penal codecriminal lawbir

Malversation Through Falsification: Upholding Accountability in Philippine Public Office

A BIR agent's conviction for malversation through falsification shows how Philippine courts penalize public fund misappropriation and enforce restitution.

Jul 23, 2014labor-and-employment-law

Dishonesty IN THE Workplace Severity OF Misconduct AND Proportionality OF Dismissal

Jul 22, 2014special power of attorneypre-trialrules of civil proceduredefaultcivil procedure

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Jul 22, 2014eviction lawra 7279urban development housing actconstitutional lawinformal settlersdue process

Balancing Housing Rights and Public Interest in Philippine Eviction Law

Supreme Court clarifies when evictions without court orders are allowed under RA 7279, and why procedural rules matter in constitutional challenges.

Jul 21, 2014labor-lawillegal-dismissalsecurity-of-tenurecorporate-restructuringstock-salesphilippine-supreme-court

Corporate Restructuring and Security of Tenure: Illegal Dismissal in Stock Sales

A look at how corporate restructuring and stock sales affect security of tenure, and when they constitute illegal dismissal under Philippine law.

Jul 21, 2014commercial-law

Geographical Trademark AND Unfair Competition Protecting Business Identity IN Real Estate

Jul 21, 2014labor-lawwage-paymentburden-of-proofpayroll-recordsmoney-claimsillegal-dismissal

Proving Wage Payment: Employer's Burden and the Cost of Missing Records

Employers must prove wage payment with payroll records. Missing records can defeat defenses and lead to liability for money claims.

Jul 21, 2014parricidecriminal lawaccidental shootingreasonable doubtrevised penal code

Accidental Shooting Defense in Parricide: Proving Intent Beyond Reasonable Doubt

Explore how Philippine courts rejected an accidental shooting defense in parricide, analyzing circumstantial evidence and criminal intent.

Jul 21, 2014labor lawburden of proofmoney claimspayroll recordsillegal dismissalwage payment

Burden of Proof in Labor Disputes: Employers Must Substantiate Claims of Payment

Employers who claim they paid workers' wages and benefits must prove it with payroll records. Learn the rule from a 2014 Supreme Court case.

Jul 18, 2014labor lawcertification electionreal party-in-interestquasi-judicialdepartment order 40-03supreme court

When Labor Officials Cannot Appeal: The Real Party-in-Interest Rule

A Supreme Court ruling clarifies that quasi-judicial officers like the Labor Secretary cannot appeal adverse appellate decisions, reinforcing judicial detachment.

Jul 18, 2014commercial-law

VAT Refund Claims Substantiation AND Timeliness IN Zero Rated Sales

Jul 18, 2014labor lawdeath benefitsprocedural rulessupreme courtemployee compensation

Untimely Appeal: Strict Application of Procedural Rules in Death Benefit Claims

Philippine Supreme Court ruling on how strict procedural rules apply to death benefit claims, and why timing matters.

Jul 18, 2014civil-procedureejectmentdue-processpreliminary-conferencerules-on-summary-procedurecontempt

Indirect Contempt and Due Process: Why Hearings Matter in Ejectment Cases

The Supreme Court explains when non-appearance at a preliminary conference justifies judgment without further hearing, and what this means for due process.

Jul 18, 2014criminal-lawdrug-offenseschain-of-custodyra-9165buy-bust-operationsupreme-court

Upholding Drug Convictions: Integrity of the Chain of Custody Under RA 9165

The Supreme Court affirms a drug sale conviction, explaining that minor deviations from Section 21 procedures do not automatically render seized drugs inadmissible.

Jul 18, 2014labor-lawcertification-electionappealdepartment-of-laborjurisprudencesupreme-court

Untimely Appeal: Why the Secretary of Labor Could Not Challenge a Reversal in Certification Election Cases

The Supreme Court denies the Secretary of Labor's appeal in certification election cases, ruling that quasi-judicial officers cannot question appellate reversals.

Jul 18, 2014criminal lawrapeforcible abductionminorssupreme courtphilippines

Protecting the Vulnerable: Upholding Justice in Forcible Abduction and Rape of a Minor

The Supreme Court affirms a conviction for forcible abduction with rape of a 7-year-old, clarifying the law on deception, credibility, and damages.

Jul 18, 2014lease amendmentunlawful detainerjudicial admissionunjust enrichmentcontract lawcivil code

Amending Lease Contracts: Upholding Written Agreements and Preventing Unjust Enrichment

Philippine Supreme Court ruling on lease amendments, judicial admissions, and why unjust enrichment claims fail when a lessee violates the contract.