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显示第 8137–8160 篇,共 24,708 篇文章

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Feb 12, 2014psychological incapacitymarriage nullityfamily codearticle 36supreme courtphilippine law

Psychological Incapacity vs. Mere Irresponsibility: The Supreme Court’s Clear Distinction in Marriage Nullity

The Supreme Court clarifies that emotional immaturity and irresponsibility do not amount to psychological incapacity under Article 36 of the Family Code.

Feb 12, 2014sub judice rulefreedom of speechindirect contemptfair trialconstitutional law

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Feb 12, 2014rapecriminal lawcredibilityreasonable doubtsweetheart theorysupreme court

When Rape Claims Fail the Test of Credibility: People v. Patentes

The Supreme Court acquits a rape convict, showing how inconsistent testimony and doubtful conduct can create reasonable doubt.

Feb 11, 2014political offense doctrinerebellionmurderpreliminary investigationprobable causecriminal procedure

Political Offense Doctrine and Murder Charges: Key Lessons from Ocampo v. Abando

When can murder charges be dismissed under the political offense doctrine? The Supreme Court clarifies in Ocampo v. Abando.

Feb 11, 2014agrarian reformjurisdictiondarra 6657land disputessupreme court

Agrarian Reform Jurisdiction: DAR, Not Courts, Hears Landowner Disputes

Supreme Court clarifies that agrarian reform disputes, even with constitutional questions, belong to the DAR, not the RTC.

Feb 11, 2014administrative-law

Breach OF Trust Dismissal FOR Court Employees Extorting Litigants

Feb 10, 2014administrative-law

Breach OF Public Trust When Dishonesty BY A Court Employee Undermines THE Judiciarys Integrity

Feb 10, 2014dangerous drugs actbuy-bust operationchain of custodyra 9165criminal law

Drug Buy-Bust Operations: When Non-Compliance With Evidence Rules Is Not Fatal

In People v. Salvador, the Supreme Court ruled that failure to inventory and photograph seized drugs does not automatically void an arrest if evidence integrity is preserved.

Feb 10, 2014administrative lawcivil servicecourt personneldishonestygrave misconductsupreme court

Court Personnel and the Limits of Leniency: When Dishonesty Warrants Suspension, Not Dismissal

A Supreme Court ruling clarifies when court employees who misappropriate private money face suspension instead of dismissal, balancing accountability with compassion.

Feb 10, 2014tenancyagrarian reformleaseholdlandowner consentdarabproperty law

Tenancy Rights: Landowner's Consent Required for Valid Leasehold Agreement

Philippine Supreme Court clarifies that tenancy requires landowner consent; a mortgagee or possessor cannot install tenants without authority.

Feb 10, 2014agrarian reformtenancylandowner consentdarabproperty rights

Tenancy Rights and Landowner Consent: Key Lessons from Quintos v. DARAB

The Supreme Court clarifies that no tenancy relationship exists without the landowner's consent, even if an agent or possessor installs tenants.

Feb 5, 2014salnra 6713administrative lawpublic officerscode of conduct

Duty to Disclose Accrued Interest in SALNs and the Limits of Administrative Liability

The Supreme Court clarifies that public officials must declare accrued interest on time deposits in their SALNs, but penalties consider good faith.

Feb 5, 2014labor-lawillegal-dismissalcorporate-officerssecurity-of-tenuredue-processlabor-code

Defining Corporate Officers Jurisdiction IN Illegal Dismissal Cases

The Supreme Court clarifies when a corporate officer is a regular employee entitled to security of tenure and the due process requirements in termination.

Feb 5, 2014treacherymurdercriminal lawrevised penal codesupreme courtphilippines

Treachery Defined: Ensuring Justice for Victims of Calculated Attacks in the Philippines

The Supreme Court clarifies treachery as a qualifying circumstance in murder, ensuring calculated attacks receive just punishment.

Feb 5, 2014labor-lawterminationjust-causeinefficiencyneglectphilippine-supreme-court

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Feb 5, 2014notarial lawadministrative caselegal ethicsnotary publiccode of professional responsibility

Upholding Notarial Duties: Consequences for Negligence in Document Authentication

The Supreme Court reminds notaries public that notarization is no empty act, and negligence carries serious professional consequences.

Feb 5, 2014adverse partywitnessself-defenseburden of proofcriminal procedureevidence

When Can an Adverse Party Be Called as a Witness? Insights from Guevarra v. People

Learn when an adverse party may be called as a witness in Philippine courts, based on the Supreme Court's ruling in Guevarra v. People.

Feb 5, 2014labor-lawfixed-term-employmentillegal-dismissalsecurity-of-tenuredue-processseparation-pay

Fixed-Term Employment vs Regular Employment: Security of Tenure and Illegal Dismissal

When a fixed-term contract expires but the employee keeps working, regular employment and security of tenure may arise. Illegal dismissal rules apply.

Feb 5, 2014conspiracyillegal drugsdangerous drugs actcriminal lawreclusion perpetuajurisprudence

Conspiracy and Illegal Drug Transportation: Upholding Accountability in Philippine Law

The Supreme Court affirms that conspiracy to transport illegal drugs can be proven by surrounding circumstances, not just express agreement.

Feb 5, 2014illegal dismissalsecurity of tenurelabor lawemployer prerogativefixed-term employmentdue process

Illegal Dismissal: Security of Tenure vs. Employer Prerogative in the Philippines

A Supreme Court ruling on fixed-term contracts, security of tenure, and the limits of employer prerogative in termination cases.

Feb 5, 2014land registrationproperty lawpd 1529public landalienable and disposablesupreme court

Land Registration: Proving Alienable and Disposable Status of Public Land

Philippine Supreme Court clarifies what evidence proves land is alienable and disposable for registration under PD 1529.

Feb 5, 2014labor-lawretirement-benefitsresignationsecondmentwaiverquitclaim

Resignation vs Secondment: Retirement Benefits and Waiver Validity in Philippine Labor Law

Supreme Court clarifies when a transfer ends employment, affecting retirement benefits and quitclaim validity in Intel v. NLRC.

Feb 5, 2014self-defenseunlawful aggressioncriminal lawrevised penal codejustifying circumstancessupreme court

Self-Defense and Unlawful Aggression: Establishing the Boundaries in Philippine Law

The Supreme Court clarifies when self-defense applies in Philippine law, emphasizing that unlawful aggression must be actual and imminent, not merely threatened.

Feb 5, 2014tax refundvatcourt of tax appealssection 112 nircpremature filingbir

Premature Filing of Tax Refund Claims: Strict Compliance with the 120-Day Rule

The Supreme Court clarifies that taxpayers must wait for the 120-day period before filing judicial claims for VAT refunds.