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显示第 7873–7896 篇,共 24,707 篇文章

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Jun 11, 2014criminal-lawrapestatutory-rapemental-retardationrevised-penal-codesupreme-court

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Jun 11, 2014contractsrescissionmining agreementscivil codebreach of contractphilippine law

Contractual Breach Understanding Rescission Rights IN Mining Agreements

Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.

Jun 11, 2014civil-procedurejudicial-courtesycertioraripreliminary-injunctionstale-checkssupreme-court

Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation

The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.

Jun 10, 2014forum shoppinglegal ethicsnotarial practiceadministrative liabilitycode of professional responsibilitysupreme court

Accountability for False Statements: Attorney Suspended for Misleading Forum Shopping Certifications

A lawyer's false certifications against forum shopping and notarial malpractice lead to one-year suspension and permanent disqualification from notarial commission.

Jun 10, 2014sheriffsconflict of interestadministrative lawwrit of executioncode of conductneglect of duty

Sheriffs Must Disclose Conflicts of Interest and File Timely Returns on Writs of Execution

The Supreme Court ruled that sheriffs must disclose family ties to parties and file periodic reports on writs of execution, or face administrative liability.

Jun 10, 2014legal ethicsforum shoppingnotarial practiceadministrative lawsupreme court

The Certification Against Forum Shopping: When a Lawyer's False Oath Leads to Suspension

A Supreme Court ruling on a lawyer's false certifications against forum shopping and notarial malpractice, and the penalties imposed.

Jun 10, 2014legal ethicsdisbarmentadministrative caselawyer misconductsupreme courtprofessional responsibility

Upholding Ethical Standards: Disbarment for Misconduct and Exorbitant Fees in Legal Practice

Supreme Court suspends lawyer for two years for demanding exorbitant fees to "expedite" a case already dismissed, plus issuing bouncing checks.

Jun 10, 2014administrative-lawcivil-service-commissionappeal-rightsgovernment-agencydishonestydisciplinary-case

Government Agencies Can Appeal CSC Decisions Modifying Penalties in Administrative Cases

The Supreme Court clarifies that disciplining authorities may appeal Civil Service Commission decisions that modify or reverse their original rulings.

Jun 10, 2014administrative-lawcivil-service-commissiondishonestygovernment-employeesappeal-rightsdisciplinary-actions

Upholding Ethical Standards Disbarment FOR Attorney Misconduct AND Deceit

Supreme Court clarifies when disciplinary authorities may appeal CSC decisions modifying penalties in administrative cases.

Jun 9, 2014legal ethicscode of professional responsibilityattorney negligenceadministrative caseibpsupreme court

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Jun 9, 2014land titlesuccessionreconveyancefree patentproperty registrationcivil law

Ownership Disputes Tracing Land Titles AND Protecting Successional Rights IN THE Philippines

Explains how Philippine courts resolve land ownership disputes by tracing titles, and why successional rights vest only at death.

Jun 9, 2014criminal-lawrapeparental-authorityreasonable-doubtsupreme-courtphilippines

Parental Authority and Rape: Proving Guilt Beyond Reasonable Doubt

A father convicted of raping his 13-year-old daughter. The Supreme Court explains why denial, alibi, and a retraction letter failed to overcome credible testimony.

Jun 9, 2014criminal lawdrugsbuy-bustevidencechain of custodyra 9165

Buy-Bust Operations and Drug Evidence Integrity in Philippine Law

A look at how Philippine courts treat drug evidence in buy-bust cases, and why chain of custody matters.

Jun 9, 2014local governmentoffice of the solicitor generallegal officerrepresentationadministrative law

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

Jun 9, 2014agrarian reformland conversionzoning ordinancecarldar

Land Conversion and Agrarian Reform: Prior Zoning Ordinances Prevail

Supreme Court rules lands reclassified as non-agricultural before the CARL's effectivity are exempt from agrarian reform coverage.

Jun 9, 2014tolerated possessionlachesrecovery of possessionarticle 448property lawdepartment of education

When Tolerated Use Ends: Establishing Ownership Rights Over School Property

Supreme Court ruling on tolerated possession, laches, and ownership rights when government uses private land for schools.

Jun 9, 2014legal ethicsattorney suspensioncode of professional responsibilityclient negligenceadministrative law

Upholding Client Trust Attorney Suspended FOR Negligence AND Lack OF Diligence

Lawyer suspended six months for neglecting client's annulment case despite receiving P250,000. Learn the duties lawyers owe clients.

Jun 9, 2014corporate lawinheritanceestate partitioncorporate veilcivil lawsupreme court

Corporate Veil and Inheritance: When Heirs Can Claim Rights to Corporate Assets

Philippine Supreme Court ruling on when heirs may pursue claims over corporate assets in estate partition cases.

Jun 9, 2014inheritancesuccessionproperty lawreconveyancecivil lawtorrens title

Exclusive Ownership vs Successional Rights: Clarifying Property Claims in Inheritance Disputes

Philippine Supreme Court clarifies when heirs acquire rights to property and how titles describe ownership in inheritance disputes.

Jun 9, 2014agrarian disputeforcible entrytenancydarab jurisdictionemancipation patentejectment

Agrarian Dispute vs Forcible Entry: When Land Is Agricultural But No Tenancy Exists

Not every case involving agricultural land is an agrarian dispute. Tenancy must exist for DARAB jurisdiction. Learn from this Supreme Court ruling.

Jun 9, 2014criminal-lawrapecircumstantial-evidencehearsay-ruleevidencesupreme-court

Circumstantial Evidence and Hearsay Rule: Proving Guilt Beyond Reasonable Doubt in Rape Cases

A look at how Philippine courts weigh circumstantial evidence, hearsay objections, and the credibility of a minor victim's testimony in rape convictions.

Jun 9, 2014insanity defensecriminal lawrevised penal codetreacherysupreme court

Defense of Insanity Requires Clear and Convincing Evidence in Criminal Cases

Philippine Supreme Court clarifies the strict evidentiary standard for the insanity defense, requiring proof of complete deprivation of intelligence at the time of the crime.

Jun 9, 2014tax-refundprescriptionforeign-governmentwithholding-taxnircmeralco

Tax Refund Claims: Two-Year Prescriptive Period and Foreign Government Exemptions

MERALCO's tax refund claim partly denied for prescription; foreign government-owned lender's interest income exempt under NIRC.

Jun 9, 2014labor-lawillegal-dismissalregularizationregular-employeeburden-of-prooflabor-code

Regularization vs Illegal Dismissal: What Employees Must Prove in Philippine Labor Law

Supreme Court clarifies that being a regular employee does not automatically mean illegal dismissal occurred; the fact of dismissal must still be proven.