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显示第 7921–7944 篇,共 24,708 篇文章

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Jun 3, 2014administrative-lawdue-processcivil-service-commissionadministrative-proceduresupreme-court

Upholding Due Process in Administrative Cases: Impartiality and Fair Procedure

The Supreme Court clarifies due process requirements in administrative cases, emphasizing substantial evidence and the right to an impartial tribunal.

Jun 2, 2014labor-lawoverseas-filipino-workersrecruitment-agencysolidary-liabilityillegal-dismissalofw-protection

Inconsistent Positions and Agency Liability: Protecting Overseas Workers From Deception

A Philippine Supreme Court ruling holds recruitment agencies and their officers solidarily liable for overseas workers' claims, rejecting inconsistent defenses as deception.

Jun 2, 2014rapestatutory rapequalified rapecriminal lawreclusion perpetuasupreme court

Rape and Statutory Rape: Establishing Guilt and Proper Penalties in the Philippines

The Supreme Court clarifies when rape becomes qualified rape, the penalties involved, and how courts assess victim testimony.

Jun 2, 2014criminal-lawtreacherymurderhomiciderevised-penal-codesupreme-court

Lack of Treachery Reduces Murder to Homicide in Philippine Law

Philippine Supreme Court ruling explains when lack of treachery reduces murder to homicide, affecting penalties and damages.

Jun 2, 2014criminal-lawcircumstantial-evidencehomicideself-defensevoluntary-surrenderrules-of-court

Circumstantial Evidence and Conviction: Establishing Guilt Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for homicide, and clarifies the rules on incomplete self-defense and voluntary surrender.

Jun 2, 2014illegal recruitmentestafara 8042labor lawcriminal lawoverseas employment

Overseas Dreams, Broken Promises: Criminal Liability for Illegal Recruitment and Estafa

A Supreme Court ruling explains when illegal recruitment in large scale and estafa may be charged together, and how conspiracy is proven.

Jun 2, 2014co-ownershipmortgageproperty lawcivil lawco-owner authority

Mortgaging Co-Owned Property: Limits on a Co-Owner's Authority

A co-owner cannot mortgage or encumber the entire co-owned property without the consent of all other co-owners. This article explains the limits of a co-owner's authority under Philippine law.

Jun 2, 2014labor lawsatisfaction of judgmentmootnessexecutioncertification against forum shopping

Satisfaction of Judgment Moots Litigation: Lessons from Jacinto v. Gumaru

When a judgment debt is fully paid, the case ends and passes beyond review. Learn the rule and its practical effects.

Jun 2, 2014criminal-lawmurderhomicideeyewitness-testimonytreacheryevidence

Eyewitness Testimony and the Standard of Proof in Murder Convictions: People v. Watamama

The Supreme Court clarifies when eyewitness testimony suffices for conviction and why treachery must be proven, not presumed, in murder cases.

Jun 2, 2014civil-procedureprocedural-rulesappealverificationforum-shoppingmoot-case

Untimeliness and Loss of Appeal: Strict Adherence to Procedural Rules in Philippine Courts

Philippine courts require strict compliance with procedural rules, including timely appeals and proper verification. Learn from a case where a judgment was satisfied before review.

Jun 2, 2014lease agreementsinheritanceproperty rightstorrens titleland registrationtenants rights

Lease Agreements and Inheritance: What Tenants Should Know About Property Transfers

A lessee's occupancy does not create a vested right to buy property. Learn the limits of tenant rights when ownership changes.

Jun 2, 2014corporation codestockholder rightsinspection of recordsstock and transfer bookcorporate transparency

Corporate Transparency: Enforcing Stockholder Rights to Inspect Corporate Records

Supreme Court clarifies when refusal to allow inspection of corporate records and stock and transfer books is punishable under the Corporation Code.

Jun 2, 2014grave misconductadministrative casetax creditombudsmanpublic officersgovernment service

Grave Misconduct of Tax Credit Evaluator: Physical Verification Is a Duty, Not an Option

The Supreme Court affirms dismissal of a DOF evaluator for grave misconduct after he failed to physically verify a tax credit applicant's facilities, allowing a P867,680 fraud.

Jun 2, 2014administrative lawgrave misconducttax creditombudsmanpublic officersnegligence

Grave Misconduct for Negligent Tax Credit Evaluation: Eijansantos v. SPTF 156

The Supreme Court rules that an evaluator's failure to physically verify tax credit claims constitutes grave misconduct, not mere negligence.

Jun 2, 2014corporation codecorporate dissolutionproperty rightshomeowners associationsupreme court ruling

Squatters Rights vs Government Housing Programs When Occupancy Doesnt Guarantee Ownership

Explore the 2014 Supreme Court ruling on corporate dissolution and property rights in Alabang Corporation v. Alabang Hills Village Association.

Jun 2, 2014administrative lawjudicial disciplineundue delayjudgescode of judicial conductsummary procedure

Undue Delay in Rendering Decisions: When Judicial Efficiency Becomes a Disciplinary Matter

A judge's 11-year delay in deciding an ejectment case leads to a P40,000 fine and a stern warning from the Supreme Court.

May 19, 2014vat refundequal protectiontaxationjudicial reviewrepublic act 12079supreme court

VAT Refund for Foreign Tourists Upheld: Equal Protection and Taxation Rules Explained

The Supreme Court upheld the constitutionality of the VAT refund law for foreign tourists, explaining the limits of equal protection in taxation.

May 12, 2014reconstitution of titleland registrationrepublic act no. 26torrens systemproperty law

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Lost Owner's Duplicates

Supreme Court clarifies when courts may grant reconstitution of lost titles and what evidence suffices under Republic Act No. 26.

May 12, 2014ill-gotten wealthpresidential commission on good governmentmarcosasset recoverysequestrationrepublic act no. 1379

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

May 12, 2014ra 9262cybercrimepsychological abusesocial mediaviolence against womensupreme court

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why using Facebook raises the penalty.

May 5, 2014tax-lawtax-treatyrefundbirsupreme court

Tax Treaty Benefits: Prior Application Not Always Required for Refunds

Philippine Supreme Court ruling clarifies when tax treaty benefits can be claimed without prior application, impacting refund claims.

May 5, 2014criminal laweyewitness identificationfraternity violencemurderevidencereasonable doubt

Fraternity Violence and Eyewitness Identification: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld convictions for fraternity violence based on positive eyewitness identification despite masks and chaotic circumstances.

Apr 29, 2014estafarevised penal codecriminal lawsupreme courtinflationpenalties

Estafa and Inflation: Supreme Court on Disproportionate Penalties in Property Crimes

The Supreme Court explains why courts cannot adjust estafa penalties for inflation and what Article 5 of the Revised Penal Code requires instead.

Apr 28, 2014labor-lawillegal-dismissalretirementbackwagesfinality-of-judgmentsupreme-court

Backwages and Retirement: When Prior Court Decisions Can Be Reopened

A look at Ondevilla v. Colegio de San Juan de Letran on illegal dismissal, retirement age, and finality of judgments.